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above purposes as they shall think proper xxvi that congress shall not introduce foreign troops into the united states without the consent of two thirds of the members present of both houses sam johnston president by order j hunt secretary in convention whereas the general convention which met in philadelphia in pursuance of a recommendation of congress did recommend to the citizens of the united states a constitution or form of government in the following words vizt resolved that this convention in behalf of the freemen citizens and inhabitants of the state of north carolina do adopt and ratify the said constitution and form of government done in convention this 21 day of november 1789 sam johnston president of the convention j hunt secretaries james taylor five months later rhode island governor john collins would cast the tie breaking vote to convene a constitution of 1787 ratifying convention the state was still bitterly divided over rhode island joining the new union and collins vote was unpopular with the legislature the general assembly refused to back collins for another term as governor thus the vote ultimately ended his political career arthur fenner an avid anti federalist was proposed by the newport committee as collins replacement and on may 5 1790 the general assembly declared fenner governor following fenner s election the rhode island ratification convention convened and concluded with a vote 34 to 32 in favor of adopting the us constitution on may 29th 1790 rhode island became the last of the 13th original colonies to join the fourth united american republic formed under the united states constitution of 1787 rhode island constitution of 1787 ratification resolution may 29th 1790 image courtesy of historic us ratification of the constitution by the convention of the state of rhode island and providence plantations we the delegates of the people of the state of rhode island and providence plantations duly elected and met in convention having maturely considered the constitution for the united states of america agreed to on the seventeenth day of september in the year one thousand seven hundred and eighty seven by the convention then assembled at philadelphia in the commonwealth of pennsylvania a copy whereof precedes these presents and having also seriously and deliberately considered the present situation of this state do declare and make known in that there are certain natural rights of which men when they form a social compact cannot deprive or divest their posterity among which are the enjoyment of life and liberty with the means of acquiring possessing and protecting property and pursuing and obtaining happiness and safety 2d that all power is naturally vested in and consequently derived from the people that magistrates therefore are their trustees and agents and at all times amenable to them 3d that the powers of government may be reassumed by the people whensoever it shall become necessary to their happiness that the rights of the states respectively to nominate and appoint all state officers and every other power jurisdiction and right which is not by the said constitution clearly delegated to the congress of the united states or to the departments of government thereof remain to the people of the several states or their respective state governments to whom they may have granted the same and that those clauses in the said constitution which declare that congress shall not have or exercise certain powers do not imply that congress is entitled to any powers not given by the said constitution but such clauses are to be construed as exceptions to certain specified powers or as inserted merely for greater caution 4th that religion or the duty which we owe to our creator and the manner of discharging it can be directed only by reason and conviction and not by force or violence and therefore all men have an equal natural and unalienable right to the free exercise of religion according to the dictates of conscience and that no particular religious sect or society ought to be favoured or established by law in preference to others 5th that the legislative executive and judiciary powers of government should be separate and distinct and that the members of the two first may be restrained from oppression by feeling and participating the publick burthens they should at fixed periods be reduced to a private station return into the mass of the people and the vacancies be supplied by certain and regular elections in which all or any part of the former members to be eligible or ineligible as the rules of the constitution of government and the laws shall direct 6th that elections of representatives in legislature ought to be free and frequent and all men having sufficient evidence of permanent common interest with and attachment to the community ought to have the right of suffrage and no aid charge tax or fee can be set rated or levied upon the people without their own consent or that of their representatives so elected nor can they be bound by any law to which they have not in like manner assented for the publick good 7th that all power of suspending laws or the execution of laws by any authority without the consent of the representatives of the people in the legislature is injurious to their rights and ought not to be exercised 8th that in all capital and criminal prosecutions a man hath a right to demand the cause and nature of his accusation to be confronted with the accusers and witnesses to call for evidence and be allowed counsel in his favour and to a fair and speedy trial by an impartial jury of his vicinage without whose unanimous consent he cannot be found guilty except in the government of the land and naval forces nor can he be compelled to give evidence against himself 9th that no freeman ought to be taken imprisoned or disseised of his freehold liberties privileges or franchises or outlawed or exiled or in any manner destroyed or deprived of his life liberty or property but by the trial by jury or by the law of the land 10th that every freeman restrained of his liberty is intitled to a remedy to enquire into the lawfulness thereof and to remove the same if unlawful and that such remedy ought not to be denied or delayed 11th that in controversies respecting property and in suits between man and man the antient trial by jury as bath been exercised by us and our ancestors from the time whereof the memory of man is not to the contrary is one of the greatest securities to the rights of the people and ought to remain sacred and inviolate 12th that every freeman ought to obtain right and justice freely and without sale completely and without denial promptly and without delay and that all establishments or regulations contravening these rights are oppressive and unjust 13th that excessive bail ought not to be required nor excessive fines imposed nor cruel or unusual punishments inflicted 14th that every person has a right to be secure from all unreasonable searches and seisures of his person his papers or his property and therefore that all warrants to search suspected places or seise any person his papers or his property without information upon oath or affirmation of sufficient cause are grievous and oppressive and that all general warrants for such in which the place or person suspected are not particularly designated are dangerous and ought not to be granted 15th that the people have a right peaceably to assemble together to consult for their common good or to instruct their representatives and that every person has a right to petition or apply to the legislature for redress of grievances 16th that the people have a right to freedom of speech and of writing and publishing their sentiments that freedom of the press is one of the greatest bulwarks of liberty and ought not to be violated 17th that the people have a right to keep and bear arms that a well regulated militia including the body of the people capable of bearing arms is the proper natural and safe defence of a free state that the militia shall not be subject to martial law except in time of war rebellion or insurrection that standing armies in time of peace are dangerous to liberty and ought not to be kept up except in cases of necessity and that at all times the military should be under strict subordination to the civil power that in time of peace no soldier ought to be quartered in any house without the consent of the owner and in time of war only by the civil magistrate in such manner as the law directs 18th that any person religiously scrupulous of bearing arms ought to be exempted upon payment of an equivalent to employ another to bear arms in his stead under these impressions and declaring that the rights aforesaid cannot be abridged or violated and that the explanations aforesaid are consistent with the said constitution and in confidence that the amendments hereafter mentioned will receive an early and mature consideration and conformably to the fifth article of said constitution speedily become a part thereof we the said delegates in the name and in the behalf of the people of the state of rhode island and providence plantations do by these presents assent to and ratify the said constitution in full confidence nevertheless that until the amendments hereafter proposed and undermentioned shall be agreed to and ratified pursuant to the aforesaid fifth article the militia of this state will not be continued in service out of this state for a longer term than six weeks without the consent of the legislature thereof that the congress will not make or alter any regulation in this state respecting the times places and manner of holding elections for senators or representatives unless the legislature of this state shall neglect or refuse to make laws or regulations for the purpose or from any circumstance be incapable of making the same and that n those cases such power will only be exercised until the legislature of this state shall make provision in the premises that the congress will not lay direct taxes within this state but when the monies arising from the impost tonnage and excise shall be insufficient for the publick exigencies nor until the congress shall have first made a requisition upon this state to assess levy and pay the amount of such requisition made agreeable to the census fixed in the said constitution in such way and manner as the legislature of this state shall judge best and that the congress will not lay any capitation or poll tax done in convention at newport in the county of newport in the state of rhode island and providence plantations the twenty ninth day of may in the year of our lord one thousand seven hundred and ninety and in the fourteenth year of the independence of the united states of america by order of the convention daniel owen president attest daniel updike secty and the convention do in the name and behalf of the people of the state of rhode island and providence plantations enjoin it upon their senators and representative or representatives which may be elected to represent this state in congress to exert all their influence and use all reasonable means to obtain a ratification of the following amendments to the said constitution in the manner prescribed therein and in all laws to be passed by the congress in the mean time to conform to the spirit of the said amendments as far as the constitution will admit amendments 1st the united states shall guarantee to each state its sovereignty freedom and independence and every power jurisdiction and right which is not by this constitution expressly delegated to the united states 2d that 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 or in case when the provision made by the states is so imperfect as that no consequent election is had and then only until the legislature of such state shall make provision in the premises 3d it is declared by the convention that the judicial power of the united states in cases in which a state may be a party does not extend to criminal prosecutions or to authorize any suit by any person against a state but to remove all doubts or controversies respecting the same that it be especially expressed as a part of the constitution of the united states that congress shall not directly or indirectly either by themselves or through the judiciary interfere with any one of the states in the redemption of paper money already emitted and now in circulation or in liquidating or discharging the public securities of any one state that each and every state shall have the exclusive right of making such laws and regulations for the before mentioned purpose as they shall think proper 4th that no amendments to the constitution of the united states hereafter to be made pursuant to the fifth article shall take effect or become a part of the constitution of the united states after the year one thousand seven hundred and ninety three without the consent of eleven of the states heretofore united under one confederation 5th that the judicial powers of the united states shall extend to no possible case where the cause of action shall have originated before the ratification of this constitution except in disputes between states about their territory disputes between persons claiming lands under grants of different states and debts due to the united states 6th that no person shall be compelled to do military duty otherwise than by voluntary enlistment except in cases of general invasion any thing in the second paragraph of the sixth article of the constitution or any law made under the constitution to the contrary notwithstanding 7th that no capitation or poll tax shall ever be laid by congress 8th in cases of direct taxes congress shall first make requisitions on the several states to assess levy and pay their respective proportions of such requisitions in such way and manner as the legislatures of the several states shall judge best and in case any state shall neglect or refuse to pay its proportion pursuant to such requisition then congress may assess and levy such state s proportion together with interest at the rate of six per cent per annum from the time prescribed in such requisition 9th that congress shall lay no direct taxes without the consent of the legislatures of three fourths of the states in the union 10th that the journals of the proceedings of the senate and house of representatives shall be published as soon as conveniently may be at least once in every year except such parts thereof relating to treaties alliances or military operations as in their judgment require secrecy 11th that regular statements of the receipts and expenditures of all public monies shall be published at least once a year 12th as standing armies ...
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