such a character that in some instances "discovered faults" have been perpetuated? While continuing to follow the wise injunction of the "Father of the Country" "to resist with care the spirit of innovation upon the principles of the Constitution," may we not do well to make such constitutional modifications as "experience"-"the surest standard by which to test the real tendency of existing constitutions"-has shown desirable?? Certainly the facts plainly show that the cause of the difficulty is, to use the words of Chief Justice Marshall, that the machinery of procuring an amendment is "unwieldy and cumbrous." The majorities required are too large. Under the present system, according to the population given in the census of 1890, it was possible for eleven States with a population of less than 2,350,000 to defeat any constitutional amendment although it was desired by the more than 60,000,000 inhabitants of the other States." "When in a democratic political society," says Professor Burgess, "the well matured, long and deliberately formed will of the undoubted majority can be persistently and successfully thwarted, in the amendment of its organic law, by the will of the minority, there is just as much danger to the State from revolution and violence as there is from the caprice of the majority, where the sovereignty of the bare majority is acknowledged."6 See the Federalist, No. 43, Hamilton's ed., p. 346; Story, Constitutional Law, II, par. 1828. 2 Washington's Farewell Address, Sparks, Writings of Washington, XII, pp. 223, 224. 3 Baron v. Baltimore, 7 Peters, 761. 4 Patrick Henry anticipated this and advanced it in the Virginia convention as one of his reasons for opposing the ratification of the Constitution. Elliot's Deb., III, pp. 48-50. 5 The eleven States of Delaware, Rhode Island, Vermont, Oregon, Nevada, North Dakota, South Dakota, Montana, Washington, Idaho, and Wyoming, with a total population of 2,344,115, or 3.7 per cent of the total population of the United States (1890). The figures are equally striking if the vote instead of the population is taken. The minority report of the House Committee on Election of President and Vice-President in 1878 showed that on the basis of the figures of the election of 1876 the legislatures elected by 282,230 voters could successfully resist a constitutional amendment desired by 8,123,559 voters, or more than 96 per cent. House Reports, Forty-fifth Congress, second session, IV, No. 819, p. 18. See also Burgess, Political Science and Constitutional Law, 1, pp. 150-154. Burgess, I, p. 152. ADDENDA. Since the pages upon the legislative department were sent to press six additional resolutions of State legislatures proposing amendments to the Federal Constitution have been found. Add to page 66, note 7: The legislatures of Georgia and Pennsylvania passed resolutions concurring with the resolutions of the legislature of Tennessee changing the term of Senators to four years. App. Nos. 419a, 419b. Ten States passed resolutions of nonconcurrence. See also App. No. 419. Add to page 35, note 1: The legislatures of Kentucky and Georgia in 1817 also passed resolutions proposing an amendment to prohibit Congress from passing any bill changing the compensation of Members which should take effect during the life of the existing Congress. App. Nos. 461a, 467a. For resolutions of nonconcurrence from four States, see App. No. 461a. Add to page 57, notes 2 and 3: The legislature of Vermont in 1818 and the general assembly of Illinois in 1821 passed resolutions recommending an amendment providing for the election of Representatives and Presidential electors by districts. App. Nos. 480a, 480b, 506b, 506c. H. Doc. 353, pt. 2- -20 APPENDIX A. A CALENDAR OF AMENDMENTS PROPOSED TO THE CONSTITUTION OF The endeavor has been made to make this list of proposed amendments as complete as possible, and it is believed that all the most important resolutions have been included, but owing to the poor indexing of the early volumes of the journals and debates, it is probable that some propositions have been overlooked. Amendments recommended by State legislatures have been found in several cases not recorded in the journals. It is likely that there are other such cases. The system of numbering employed does not always indicate a separate resolution, for often one resolution relates to several different subjects, hence it has been found convenient to separate an amendment into its distinct subjects, and number accordingly. Since this calendar was first compiled several additional propositions, as well as the text of other proposed amendments, not given in the official records of Congress, have been found through the examination of the original printed resolutions on file in the Senate document room at Washington. Likewise various resolutions from the legislatures of different States have been found in the Massachusetts Archives in the Statehouse, Boston, and also recorded in the journals of the senate and house of representatives of the Commonwealth of Pennsyl vania for the earlier years of the century. Without changing the original numbers, these have been inserted in their proper chronological order, by making use of alphabetical suffixes, as 319a, 971b, etc. In cases where the text of the proposed amendment is not given in the journals or Record, the files of the original printed resolutions, covering the last thirty-five years of the period, may be consulted in the Senate document room. EXPLANATION OF SIGNS. A single star (*) placed before the number of an amendment indicates that the resolution passed one House of Congress. f A double star (**), both Houses of Congress, and a triple star **), that the amendment was ratified by the States. A number in a bracket following the number of an amendment signifies that the resolution was proposed as an amendment or a substitute to the resolution the number of which is in the brackets. The sign (0) before a page number indicates that on that page will be found the text of the proposed amendment. EXPLANATION OF ABBREVIATIONS. The letters S. J. and H. J. refer to the Senate and House journals, respectively. Annals, to the Aunals of Congress; Globe, to the Congressional Globe; Com. indicates committee; H. R. and S. R. indicate House resolutions and Senate resolutions. In references to the journals and debates, etc., sess. stands for session, and Cong. for Congress. CALENDAR OF AMENDMENTS. 1. 1. Division: Reservation of nondelegated powers. 2. 2. Legislative: Apportionment of Representatives. 3. 3. Legislative: Restriction on Federal control over election of Senators and Representatives. 4. 4. Finance: Restriction upon the levying of direct taxes. 5. 5. Commerce: Commercial monopolies prohibited. 6. 6. Personal Relations: Indictment by grand jury. 7. 7. Judiciary: Jurisdiction of Federal courts. 8. 8. Personal Relations: Trial by jury in civil action. 9. 9. Personal Relations: Titles of nobility. 10. 1788, Feb. 6. Proposed by the Massachusetts convention at the time of the ratification of the Constitution. Elliot's Debates, 1, pp. °322-323. 1. Legislative: Restriction on Federal control over election of Senators and Representatives. 11. 2. Division: Reservation of nondelegated powers. 12. 3. Finance: Restriction upon the levying of direct taxes. 13. 4. Personal Relations: Oath. 14. 1788, May 23. Proposed by the South Carolina convention at the time of the ratification of the Constitution. Elliot's Debates, I, p. 10325. 1. Division: Reservation of nondelegated powers. 15. 2. Legislative: Apportionment of Representatives. 16. 3. Legislative: Restriction on Federal control over election of Senators and Representatives. 17. 4. Finance: Restriction upon the levying of direct taxes. 18. 19. 5. Commerce: Commercial monopolies prohibited. 6. Personal Relations: Indictment by grand jury. 20. 7. Judiciary: Jurisdiction of Federal courts. 22. 23. 10. War: Standing army in time of peace. 24. 11. Personal Relations: Religion. 25. 12. Personal Relations: Right to bear arms. 26. 1788, June 21. Proposed by the New Hampshire convention at the time of the ratification of the Constitution. Elliot's Debates, 1, pp. 325-326. 1. Division: Reservation of nondelegated powers. 27. 2. Legislative: Apportionment of Representatives. 28. 3. Finance: Restriction upon the levying of direct taxes. 29. 4. Legislative: Senators and Representatives ineligible to civil office during term. 30. 5. Legislative: Publication of journals annually. 31. 6. Finance: Publication of Treasury accounts. 32. 7. Foreign affairs: Ratification of treaties. 33. 8. Commercial: Restriction in passage of navigation laws. 34. 9. War: Standing army in time of peace. 35. 10. War: Period of enlistment of soldiers limited. 36. 11. War: Regulation of the militia. 37. 12. Territorial: Restriction on the powers of Congress over the Federal town. 38. 13. Executive: Limitation upon eligibility of President. 39. 14. Judiciary: Jurisdiction of Federal courts. 40. 15. Personal Relations: Rights of defendant in criminal trials. 41. 16. Legislative: Restriction on Federal control over the election of Senators and Representatives. 42. 17. Personal Relations: Rights reserved. 43. 18. Legislative: To regulate the alteration of the compensation of Senators and Representatives. 44. 19. Legislative: Court for the trial of impeachment of Senators. 45. 20. Judiciary: Regulate the alteration of the salary of judges. 46. 47. 48. 1788, June 25. Proposed by the Virginia convention, together with a bill of rights, at the time of the ratification of the Constitution. Elliot's Debates, III, pp. 659-661. 1. Legislative: Apportionment of Representatives. 2. Financial: Excise tax prohibited. 3. Financial: Restriction upon the levying of direct taxes. 49. 4. Legislative: Restriction upon the Federal control over the election of Senators and Representatives. 50. 51. 5. Personal Relations: Restrictions upon naturalization of citizens. 6. Commerce: Commercial monopolies prohibited. 52. 7. War: Standing army in time of peace. 53. 8. Financial: Regulate the borrowing of money on United States credit. 54. 9. War: Restriction on the declaration of war. 55. 10. Personal Relations: Restricting the suspension of habeas corpus. 56. 11. Territorial: Restricting the power of Congress over the Federal town. 58. 57. 12. Territorial: Power of Congress over other Federal territory. 13. Legislative: Regulate the alteration of the compensation of Senators and Representatives. 59. 14. Legislative: Publication of Journals: Open session: Yeas and nays. |