February 6, 1788
COMMONWEALTH of MASSACHUSETTS.
In convention of the delegates of the people of the commonwealth of Massachusetts, Feb. 6, 1788.
The convention having impartially discussed, and fully considered, the constitution for the United States of America, reported to Congress, by the convention of delegates from the United States, of America, and submitted to us, by a resolution of the General Court of the said commonwealth, passed the twenty fifth day of October last past; and acknowledging with grateful hearts the goodness of the Supreme Ruler of the universe, in affording the people of the United States, in the course of his Providence, an opportunity, deliberately and peaceably, without fraud or surprise, of entering into an explicit and solemn compact with each other, by assenting to and ratifying a new constitution, in order to form a more perfect union, establish justice, insure domestick tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to themselves, and their posterity—DO, in the name and in behalf of the people of the commonwealth of Massachusetts, ASSENT to and RATIFY the said constitution, for the United States of America.
And as it is the opinion of this convention, that certain amendments and alterations in the said constitution, would remove the fears, and quiet the apprehensions of many of the good people of this commonwealth, and more effectually guard against an undue administration of the federal government, the convention do therefore recommend, that the following alterations and provisions be introduced into the said constitution:
First. That it be explicitly declared, that all powers, not expressly delegated by the aforesaid constitution, are reserved to the several states, to be by them exercised.
Secondly. That there shall be one representative to every thirty thousand persons, according to the census mentioned in the constitution, until the whole number of the representatives amounts to two hundred.
Thirdly. That Congress do not exercise the powers vested in them by the 4th sect. of the 1st art. but in cases when a state neglect or refuse to make regulations therein mentioned, or shall make regulations subversive of the rights of the people, to a free and equal representation in Congress, agreeably to the constitution.
Fourthly, That Congress do not lay direct taxes, but when the monies arising from the impost and excise are insufficient for the publick exigencies; nor then, until Congress shall have first made a requisition upon the states, to assess, levy and pay their respective proportions of such requisition, agreeably to the census fixed in the said constitution, in such way and manner as the legislature of the state shall think best,—and in such case, if any state shall neglect or refuse to pay its proportion, pursuant to such requisition, then Congress may assess and levy such states proportion, together with interest thereon, at the rate of six per cent. per annum, from the time of payment prescribed in such requisition.
Fifthly. That Congress erect no company of merchants with exclusive advantages of commerce.
Sixthly. That no person shall be tried for any crime by which he may incur an infamous punishment, or loss of life, until he be first indicted by a grand jury, except in such cases as may arise in the government and regulation of the land and naval forces.
Seventhly. The supreme judicial federal court shall have no jurisdiction of causes between citizens of different states, unless the matter in dispute, whether it concerns the reality or personality, be of the value of three thousand dollars, at the least: Nor shall the federal judicial powers extend to any actions between citizens of different states where the matter in dispute, whether it concerns the reality or personality, is not of the value of fifteen hundred dollars, at the least.
Eighthly. In civil actions, between citizens of different states, every issue of fact, arising in actions at common law, shall be tried by a jury, if the parties, or either of them, request it.
Ninthly. Congress shall, at no time, consent, that any person, holding an office of trust or profit, under the United States, shall accept of a title of nobility, or any other title or office, from any king, prince, or foreign state.
And the Convention do, in the name and in behalf of the people of this commonwealth, enjoin it upon their representatives in Congress, at all times, until the alterations and provisions aforesaid have been considered, agreeably to the fifth article of the said constitution, to exert all their influence, and use all reasonable and legal methods to obtain a ratification of the said alterations and provisions in such manner as is provided in the said article.
And that the United States in Congress assembled may have due notice of the assent and ratification of the said constitution by this Convention—It is
RESOLVED, That the assent and ratification aforesaid be engrossed on parchment, together with the recommendation and injunction aforesaid, and with this resolution; and that his excellency JOHN HANCOCK, esquire, president, and the honourable WILLIAM CUSHING, esquire, vice-president, of this Convention, transmit the same, countersigned by the secretary of the Convention, under their hands and seals, to the United States in Congress assembled.
(Signed) JOHN HANCOCK, President,
WILLIAM CUSHING, Vice-President.
(Countersigned)
GEORGE RICHARDS MINOT, Sec’y.