Page:Debates in the Several State Conventions, v4.djvu/265

Rh Constitution may be proposed for the consideration and adoption of the several states in the Union, in one of the modes prescribed by the 5th article thereof:"—

"1. Each state in the Union shall respectively retain every power, jurisdiction, and right, which is not by this Constitution delegated to the Congress of the United States, or to the departments of the general government; nor shall the said Congress, nor any department of the said government, exercise any act of authority over any individual in any of the said states, but such as can be justified under some power particularly given in this Constitution; but the said Constitution shall be considered at all times a solemn instrument, defining the extent of their authority, and the limits of which they cannot rightfully in any instance exceed.

"2. There shall be one representative for every thirty thousand, according to the enumeration or census mentioned in the Constitution, until the whole number of representatives amounts to two hundred; after which, that number shall be continued or increased, as Congress shall direct, upon the principles fixed in the Constitution, by apportioning the representatives of each state to some greater number of people, from time to time, as the population increases.

"3. Each state respectively shall have the power to provide for organizing, arming, and disciplining, its own militia, whensoever Congress shall omit or neglect to provide for the same. The militia shall not be subject to martial law, except when in actual service in time of war, invasion, or rebellion; and when they are not in the actual service of the United States, they shall be subject only to such fines, penalties, and punishments, as shall be directed or inflicted by the laws of its own state.

"4. The Congress shall not alter, modify, or interfere in the times, places, or manner, of holding elections for senators and representatives, or either of them, except when the legislature of any state shall neglect, refuse, or be disabled by invasion or rebellion, to prescribe the same.

"5. The laws ascertaining the compensation of senators and representatives, for their services, shall be postponed in their operation until after the election of representatives immediately succeeding the passing thereof; that excepted which shall first be passed on the subject.

"6. Instead of the following words in the 9th section of the 1st article, viz., 'Nor shall vessels bound to or from one state be obliged to enter, clear, or pay duties, in another,' [the meaning of which is by many deemed not sufficiently explicit,] it is proposed that the following shall be substituted: 'No vessel bound to one state shall be obliged to enter or pay duties, to which such vessel may be liable at any port of entry, in any other state than that to which such vessel is bound; nor shall any vessel bound from one state be obliged to clear, or pay duties to which such vessel shall be liable at any port of clearance, in any other state than that from which such vessel is bound.'"

He was seconded by Mr. JOHN SKINNER.

The question was then put, "Will the Convention adopt 32