Roger Sherman's Proposed Committee Report (July 21, 1789)

Roger Sherman's Proposed Committee Report 21-28 July 1789 Report as their Opinion, that the following articles be proposed by Congress to the legislatures of the Several states to be adopted by them

as amendments of the Constitution of the united States, and when ratified by the legislatures of three fourths (at least) of the Said States in the union, to become a part of the Constitution of the United States, pursuant to the fifth Article of the Said Constitution.

1 The powers of government being derived from the people, ought to be exercised for their benefit, and they have an inherent and unalienable right, to change or amend their political constitution, when ever they judge such change will advance their interest & happiness.

2 The people have certain natural rights which are retained by them when they enter into society Such are the rights of conscience in matters of religion;1 of acquiring property and of pursuing happiness & safety; of Speaking, writing and publishing their Sentiments with decency and freedom;2 of peaceably Assembling to consult their common good, and of applying to Government by petition or remonstrance for redress of grievances. Of these rights therefore they Shall not be deprived by the government of the united States.3

3 No person shall be tried for any crime whereby he may incur loss of life or any infamous punishment, without Indictment by a grand Jury nor be convicted but by the unanimous verdict of a Petit Jury of good and lawful men Freeholders of the vicinage or district where the trial shall be had.

4 After a census Shall be taken, each State Shall be allowed one representative for every thirty thousand Inhabitants of the description in the Second Section of the first Article of the Constitution, until the whole number representatives Shall amount to but never to exceed

5 The Militia shall be under the government of the laws of the respective States, when not in the actual Service of the united States, but Such rules as may be prescribed by Congress for their uniform organisation & discipline shall be observed in officering and training them. but military Service Shall not be required of persons religiously Scrupulous of bearing arms.

6 No Soldier Shall be quartered in any private house, in time of Peace, nor at any time, but by authority of law

7 Excessive bail shall not be required, nor excessive fines imposed, nor cruel & unusual punishments be inflicted in any case.

8 Congress shall not have power to grant any monopoly or exclusive advantages of Commerce to any person or Company; nor to restrain theliberty of the Press.

9 In Suits at common law in courts acting under the authority of the united States, issues of fact Shall be tried by a Jury if either party request - it.

10 No law that Shall be passed for fixing a compensation for the members of Congress except the first Shall take effect until after the next election representatives posterior to the passing Such law

The legislative, executive and judiciary powers vested by the Constitution in the respective branches of the government of the united States, shall be exercised according to the distribution therein made, so that neither of said branches shall assume or exercise any of the powers peculiar to either of the other branches.

And the powers not delegated to the government of the united States by the Constitution, nor prohibited by it to the particular States, are retained by the States respectively nor Shall any the exercise of power by the government of the united States the particular instances here in enumerated by way of caution be construed to imply the contrary.

This document is apparently Sherman's proposal to the House select committee, showing how Madison's amendments could be revised, and placed at the end of the Constitution.