House Journal of the First Session of the First Congress
8/21/1789
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At George Washington's inauguration, he asked for amendments to reinforce the rights of free men, confident that Congress would reject dangerous alterations to the federal form of government. After the House convened on April 1, 1789, Representative James Madison honored his commitment by announcing on May 4 his intention to introduce constitutional amendments protecting civil liberties.
By June 8, Madison had introduced a plan to enlarge the Constitution to eight articles. He proposed to incorporate a groups of definite guarantees for all the personal liberties that ultimately formed the Bill of Rights in the Constitution, without impairing the powers or structure of the federal government.
By June 8, Madison had introduced a plan to enlarge the Constitution to eight articles. He proposed to incorporate a groups of definite guarantees for all the personal liberties that ultimately formed the Bill of Rights in the Constitution, without impairing the powers or structure of the federal government.
After six weeks of congressional inaction, Madison reintroduced his proposal, which was then referred to a committee composed of one member from each state, including Madison and Roger Sherman of Connecticut. Sherman preferred to add the rights as amendments to the Constitution, as opposed to Madison's concept of incorporating them.
On August 19, the House adopted Sherman's approach. Wording of the religion clauses were changed, but the report retained much of Madison's original phrasing. This document shows 17 amendments were adopted on August 21, 1789, as recorded in the journal of the proceedings of the House.
On August 19, the House adopted Sherman's approach. Wording of the religion clauses were changed, but the report retained much of Madison's original phrasing. This document shows 17 amendments were adopted on August 21, 1789, as recorded in the journal of the proceedings of the House.
Transcript
166."appointment of Commissioners for managing the same." for his approbation. A message was received from the President of the United States, notifying that the President approves of the act, entitled "An Act providing for the expenses which "may attend negotiations or treaties with the Indian tribes, and the appointment of "Commissioners for managing the same," and has this day affixed his signature thereto; And the messenger delivered in the said Act, and then withdrew. The orders of the day for the House to resolve itself into a committee of the whole House on the Bill sent from the Senate, entitled, "An act to establish "the Judicial Courts of the United States;" also on the bill for establishing a Land office in, and for the western territory; and on the bill to provide for the safe keeping of the acts, records, and seal of the United States; for the due publication of the acts of Congress; for the authentication of the copies of records; for making out, and recording commissions and prescribing their form, and for establishing the fees of office to be taken for making such commissions, and for copies of records and papers, were read, and postponed until tomorrow.
And then the House adjourned until tomorrow morning, eleven o'clock.
Friday, the 21st of August
The House resumed the consideration of the amendments made buy the committee of the whole House to the report from the Committee of eleven, to whom it was referred to take the subject of amendments of the Constitution of the United States, generally into their consideration; and the said amendments being partly agreed to, and partly disagreed to, The House proceeded to consider the original report of the Committee of Eleven, consisting of seventeen articles, as now amended; whereupon, the first, second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, and sixteenth articles, being again read, and
167.
debated, were, upon the question severally just thereupon, agreed to by the House, as follow, (two thirds of the members present concurring.) to wit:
I. 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 there shall be not less than one hundred Representatives, nor less than one representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated, that there shall not be less than two hundred representatives, nor less than one Representative for every fifty thousand persons.
II. No law varying the compensation to the Members of Congress shall take effect until an election of Representatives shall have intervened.
III. Congress shall make no law establishing religion, or prohibiting the free exercise thereof, nor shall the rights of conscience be infringed.
IV. That 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.
V. 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 one religiously scrupulous of bearing arms, shall be compelled to under military service in person.
VI. 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 by law.
VII. 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, in any criminal case, 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.
VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and usual punishments inflicted.
168.
IX. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
X. The enumeration in this Constitution of certain rights shall not be construed to deny, or disparage others retained by the people.
XI. No State shall infringe the right of trial by, Jury in criminal cases, nor the rights of conscience, nor the freedom of speech, or of the press.
XII. No appeal to the Supreme Court of the United States 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.
XIII. 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 favour, and to have the assistance of counsel for his defence.
XIV. 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 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 any 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.
XV. In suits at common Law, the right of trial by Jury, shall be preserved.
XVI. The powers delegated by the Constitution to the government of the United
169.
States, shall be exercised as therein appropriated, so that the Legislative shall never exercise the powers vested in the Executive or Judicial, nor the Executive the powers vest in the Legislative or Judicial; nor the Judicial the powers vest in the Legislative or Executive.
The Seventeenth Article in the world following, to wit: "The powers not delegated "by the Constitution, nor prohibited by it to the States, and reserved to the States "respectively," being under debate, a motion was made, and the question being put to amend the same, by inserting after the word "not," the word "expressly."
It passed in the negative, Ayes seventeen, Noes thirty two.
The Ayes and Noes being demanded by one fifth of the members present?
Those who voted in the affirmative are Edanus Burke, Isaac Coles, William Floyd, Elbridge Gerry, Jonathan Grout, John Hathorn, James Jackson, Samuel Livermore, John Page, Josiah Parker, George Partridge, Jeremiah Van Rensselaer, William Smith (of South Carolina), Michael Jenifer Stone, Thomas Sumpter, George Thatcher, and Thomas Tudor Tucker.
Those who voted in the negative are, Fisher Ames, Egbert Benson, Elias Boudinot, John brown, Lambert Cadwalader, Daniel Carroll, George Clymer, Thomas Fitzsimons, Aliel Foster, George Gale, Nicolas Gilman, Benjamin Goodhue, Thomas Hartley, Daniel Heister, John Lawrance, Richard Bland Lee, James Madison junior, Andrew Moore, Peter Muhlenberg, James Schureman, Thomas Scott, Thoedore Sedgwick, Joshua Senry, Roger Sherman, Peter Silvester, Thomas Sinnickson, William Smith (of Maryland) Jonathan Sturges, Jonathan Trumbull, John Vining, Jeremiah Wadsworth, and Henry Wynkoop.
And then the main question being put, that the House do agree to the said seventeenth article,
It was resolved in the affirmative, two thirds of the members present concurring.
170.
A motion was then made and seconded to add the said articles, the following: "Congress shall not alter, modify, or interfere in the times, places or manner of "holding elections of Senators or Representatives, except when any state shall refuse "or neglect, or be unable by invasion or rebellion to make such election."
And on the question that the House do agree to the said proposed article: It passed in the negative, Ayes, twenty three; Noes twenty eight. The Ayes and Noes being demanded by one fifth of the members present.
Those who voted in the affirmative are Edanus Burke, Issac Coles, William Floyd, Elbridge Gerry, Samuel Griffin, Jonathan Grout, John Hathorn, Daniel Heister, James Jackson, Samuel Livermore, George Mathews, Andrew Moore, John Page, Josiah Parker, George Partridge, Jeremiah Van Rensselaer, Joshua Seney, Peter Silvester, William Smith (of South Carolina) Michael Jenifer Stone, Thomas Sumpter, George Thatcher, and Thomas Tudor Tucker.
Those who voted in the negative are Fisher Ames, Egbert Benson, Elias Boudinot, John Brown, Lambert Cadwalader, Daniel Carroll, George Clymer, Thomas Fitzsimons, Aliel Foster, George Gale, Nicholas Gilman, Benjamin Goodhue, Thomas Hartley, John Lawrance, Richard Blanc Lee, James Madison junior, Peter Muhlenberg, James Schureman, Thomas Scott, Theodore Sedgwick, Roger Sherman, Thomas Sinnickson, William Smith (of Maryland) Jonathan Sturges, Jonathan Trumbull, John Vining, Jeremiah Wadsworth, and Henry Wykoop.
On motion, Ordered that the farther consideration of Amendments to the Constitution of the United States, be postponed until tomorrow.
The Orders of the day, for the House to resolve itself into a Committee of the whole House on the Bill sent from the Senate, entitled "An Act to establish "the Judicial Courts of the United States:" also on the Bill for establishing
171.
A Land Office in, and for the Western territory; and on the Bill to provide the safe keeping of the Acts, Records, and Seal of the United States; for the due publication of the Acts of Congress; for the Authentication of the copies of Records; for making out and recording
Commissions, and prescribing their form, and for establishing the fees of Office to be taken for making such Commissions, and for copies of Records and papers, were read, and postponed until tomorrow.
And then the House adjourned until tomorrow morning, eleven O'Clock.
Saturday, the 22d: of August.
Mr. Partridge, from the Committee for inrolled Bills, reported, that the Committee had examined the inrolled Resolve for executing the Survey directed by an Act of the late Congress of June the sixth 1788, and had found the same to be truly inrolled: Whereupon, Mr. Speaker signed the said inrolled Resolve.
The several memorials of the inhabitants of Trenton in the State of New Jersey, and of the Boroughs of Lancaster and Yorktown in the State of Pennsylvania, were presented to the House, and read, respectively praying that the permanent Seat of Congress may be established at the same:
Ordered that the said memorials do lie on the table.
The House, according to the Order of this day, resumed the consideration of Amendments to the Constitution of the United States : Whereupon,
A motion was made and seconded, to add to the Amendments already agreed to; the
following Article, to wit:
"The Congress shall never impose direct taxes, but where the monies arising from the duties, imposts, and excise, are insufficient for the public exigencies, nor then, until Congress shall have made a Requisition upon the States, to assess, levy, and pay their respective proportions of such Requisitions; and in case any State shall neglect or refuse
This primary source comes from the Records of the U.S. House of Representatives.
National Archives Identifier: 5743060
Full Citation: House Journal of the First Session of the First Congress; 8/21/1789; Journal of the House of Representatives, 3/4/1789 - 2000; Records of the U.S. House of Representatives, Record Group 233; National Archives Building, Washington, DC. [Online Version, https://www.docsteach.org/documents/document/2-house-journal-first-session-first-congress, March 18, 2025]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.
