by the Select Committee
July 28, 1789
In the introductory paragraph before the words, "We the
people" add, "Government being intended for the benefit of the
people, and the rightful establishment thereof being derived from their
ART. 1, SEC. 2, PAR. 3 — Strike out all between the words,
"direct" and "and until such," and instead
thereof insert, "After the first enumeration there shall be one
representative for every thirty thousand until the number shall amount to one
hundred; after which the proportion shall be so regulated by Congress that the
number of Representatives shall never be less than one hundred, nor more than
one hundred and seventy-five, but each State shall always have at least one
ART. 1, SEC. 6 — Between
the words "United States," and "shall in all
cases," strike out "they," and insert, "But no
law varying the compensation shall take effect until an election of
Representatives shall have intervened. The members."
ART. 1, SEC. 9 — Between
PAR. 2 and 3 insert, "No religion shall be
established by law, nor shall the equal rights of conscience be
"The freedom of speech, and of the press, and the right of the people
peaceably to assemble and consult for their common good, and to apply to the
government for redress of grievances, shall not be infringed."
"A well regulated militia, composed of the body of the people, being
the best security of a free State, the right of the people to keep and bear
arms shall not be infringed, but no person religiously scrupulous shall be
compelled to bear arms."
"No soldier shall in time of peace be quartered in any house without
the consent of the owner, nor in time of war but in a manner to be prescribed
"No person shall be subject, except in case of impeachment, to more
than one trial or one punishment for the same offence, nor shall be compelled
to be a witness against himself, nor be deprived of life, liberty, or property
without due process of law; nor shall private property be taken for public use
without just compensation."
"Excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted."
"The right of the people to be secure in their person, houses, papers
and effects, shall not be violated by warrants issuing, without probable cause
supported by oath or affirmation, and not particularly describing the places to
be searched, and the persons or things to be seized."
"The enumeration in this Constitution of certain rights shall not be
construed to deny or disparage others retained by the people."
ART. 1, SEC. 10, between the
1st and 2d PAR. inset, "No State shall infringe the
equal rights of conscience, nor the freedom of speech, or of the press, nor of
the right of trial by jury in criminal cases."
ART. 3, SEC. 2, add to the 2d
PAR. "But no appeal to such court shall be allowed,
where the value in controversy shall not amount to one thousand dollars; nor
shall any fact, triable by a Jury according to the course of the common law, be
otherwise re-examinable than according to the rules of common law."
ART. 3, SEC. 2 — Strike
out the whole of the 3rd paragraph, and insert — "In all criminal
prosecutions the accused shall enjoy the right to a speedy and public trial, to
be informed of the nature and cause of the accusation, to be confronted with
the witnesses against him, to have compulsory process for obtaining witnesses
in his favor, and to have the assistance of counsel for his defence."
"The trial of all crimes (except in cases of impeachment, and in cases
arising in the land or naval forces, or in the militia, when in actual service
in time of war or public danger) shall be by an impartial jury of freeholders
of the vicinage, with the requisite of unanimity for conviction, the right of
challenge and other accustomed requisites; and no person shall be held to
answer for a capital, or otherwise infamous crime, unless on a presentment or
indictment by a Grand Jury; but if a crime be committed in a place in the
possession of an enemy, or in which an insurrection may prevail, the indictment
and trial may by law be authorized in some other place within the same State;
and if it be committed in a place not within a State, the indictment and trial
may be at such place or places as the law may have directed."
"In suits at common law the right of trial by jury shall be
"Immediately after ART. 6, the following to be
inserted as ART. 7."
"The powers delegated by this Constitution to the government of the
United States, shall be exercised as therein appropriated, so that the
Legislative shall never exercise the powers vested in the Executive or the
Judicial; nor the Executive the powers vested in the Legislative or Judicial;
nor the Judicial the powers vested in the Legislative or Executive."
"The powers not delegated by this Constitution, nor prohibited by it to
the States, are reserved to the States respectively."
ART. 7 to be made ART. 8.
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