Documents Illustrative of the Formation of the Union of the American States
Ratification of the Constitution by the State of New Hampshire
Selected, Arranged, and Indexed by Charles C. Tansill
In Convention of the Delegates of the People of the [SEAL.] State of New-Hampshire June the Twenty first 1788.
The Convention haveing 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 & submitted to us by a Resolution of the General Court of said State passed the fourteenth Day of December last past and acknowledgeing with gratefull 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 & peaceably without fraud or surprize of entering into an Explicit and solemn compact with each other by assenting to & ratifying a new Constitution, in Order to form a more perfect Union, establish Justice, Insure domestick Tranquility, provide for the common defence, promote the general welfare and secure the Blessings of Liberty to themselves & their PosterityDo In the Name & behalf of the People of the State of New-Hampshire assent to & ratify the said Constitution for the United States of America. And as it is the Opinion of this Convention that certain amendments & alterations in the said Constitution would remove the fears & quiet the apprehensions of many of the good People of this State & more Effectually guard against an undue Administration of the Federal GovernmentThe Convention do therefore recommend that the following alterations & provisions be introduced into the said Constitution.
First, That it be Explicitly declared that all Powers not expressly & particularly 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, untill the whole number of Representatives amount to Two hundred.
Thirdly, That Congress do not Exercise the Powers vested in them, by the fourth Section of the first Article, but in Cases when a State shall neglect or refuse to make the Regulations therein mentioned, or shall make regulations Subversive of the rights of the People to a free and equal Representation in Congress. Nor shall Congress in any Case make regulations contrary to a free and equal Representation.
Fourthly, That Congress do not lay direct Taxes but when the money arising from Impost, Excise and their other resources are insufficient for the Publick Exigencies; nor then, untill Congress shall have first made a Requisition upon the States, to Assess, Levy, & pay their respective proportions, of such requisitions agreeably to the Census fixed in the said Constitution in such way & manner as the Legislature of the State shall think best and in such Case if any State shall neglect, then Congress may Assess & Levy such States proportion together with the Interest thereon at the rate of six per Cent per Annum from the Time of payment prescribed in such requisition
Fifthly, That Congress shall erect no Company of Merchants with exclusive advantages of Commerce.
Sixthly, That no Person shall be Tryed for any Crime by which he may incur an Infamous Punishment, or loss of Life, untill he first be indicted by a Grand jury except in such Cases as may arise in the Government and regulation of the Land & Naval Forces.-Seventhly All Common Law Cases between Citizens of different States shall be commenced in the Common Law-Courts of the respective States & no appeal shall be allowed to the Federal Court in such Cases unless the sum or value of the thing in Controversy amount to three Thousand Dollars.
Eighthly, In Civil Actions between Citizens of different States every Issue of Fact arising in Actions at Common Law shall be Tryed by 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 any Title of Nobility or any other Title or Office from any King, Prince, or Foreign State.
Tenth, That no standing Army shall be Kept up in time of Peace unless with the consent of three fourths of the Members of each branch of Congress, nor shall Soldiers in Time of Peace be quartered upon private Houses without the consent of the Owners.
Eleventh, Congress shall make no Laws touching Religion, or to infringe the rights of Conscience
Twelfth, Congress shall never disarm any Citizen unless such as are or have been in Actual Rebellion.
And the Convention Do, In the Name & behalf of the People of this State, enjoin it upon their Representatives in Congress, at all Times untill the alterations and provisions aforesaid have been Considered agreeably to the fifth Article of the said Constitution to exert all their Influence & use a reasonable & Legal methods to obtain a ratification of the said alterations & Provisions, in such manner as is provided in the said articleAnd That the United States in Congress Assembled may have duenotice of the assent & Ratification of the said Constitution by this Convention.It is resolved that the Assent & Ratification aforesaid be engrossed on Parchment, together with the Recommendation & injunction aforesaid & with this ResolutionAnd that John Sullivan Esquire President of Convention, & John Langdon Esquire President of the State Transmit the same Countersigned by the Secretary of Convention & the Secretary of the State under their hands & Seals to the United States in Congress Assembled.
JNo SULLIVAN presidt of the Convention [SEAL.]
JOHN LANGDON Presidt of State [SEAL.]
JOHN CALFE Secy of Convention
JOSEPH PEARSON Secy of State
Reprinted from Documentary History of the Constitution, Vol. II (1894), pp. 141-144.