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title:“John McKesson's Notes of the New York Ratification Convention Debates”
authors:John McKesson
date written:1788-7-7

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to this version:
http://consource.org/document/john-mckessons-notes-of-the-new-york-ratification-convention-debates-1788-7-7/20130122080842/
last updated:Jan. 22, 2013, 8:08 a.m. UTC
retrieved:Aug. 19, 2018, 7:17 a.m. UTC

transcription
citation:
McKesson, John. "John McKesson's Notes of the New York Ratification Convention Debates." The Documentary History of the Ratification of the Constitution. Vol. 22. Ed. John P. Kaminski. Madison: Wisconsin Historical Society Press, 2008. 2106-12. Print.
manuscript
source:
McKesson's Notes, New-York Historical Society

John McKesson's Notes of the New York Ratification Convention Debates (July 7, 1788)

Art. 3d. § 2d.
SAMUEL JONES. I mentioned On Saturday last [5 July] my Objection that there was not any Power or mode provided to redress the Errors of the Sup. Court— Resolution to grant Remedy as far as it appears to me to be remedial under such a Government— Mr. Jones—It has been the practice of the Superior Courts in most Countries to encrease their Jurisdictions by fictions or Suggestions In some Countries perhaps to advantage In this Country to preserve the Jurisdict of the State Courts and prevent Encroachments I propose the following Resolution vizt
"Resolved as the opinion of this Committee that the Jurisdiction of the Supreme Court of the united States, or of any other Court to be instituted by the Congress, ought not in any Case to be encreased enlarged or extended by any fiction Collusion or mere Suggestion"—
* * * * *
Article 6th paragraph [2]
JOHN LANSING, JR. The Laws of the United States and Treaties made the Supreme Law of the Land If the Law of the United States and a Treaty should contravene or oppose each other— which will be Supreme— The President and Senate alone make Treaties— If they should make a Treaty that would abrogate or destroy For remedy I propose the following Resolution vizt.
Resolved as the opinion of this Committee
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CONVENTION PROCEEDINGS. Arti 6 paragraph 3d.
Mr Smith Resolved as the opinion of this Committee that all the Officers of the united States ought to be bound by Oath or affirmation not to infringe the Constitution or Rights of the respective States— Article 7th. Read-
1
MELANCTON SMITH. I consider this as a notorious breach of faith By the Confederation the States Solemnly [pledged] their faith to abide by that Confederation unless amended as therein provided— Here the Convention have recommended An Article which will be founded in a Breach of Faith—
* * * * *
2
CONVENTION PROCEEDINGS. July 7th. Mr. Lansing —Bill Declaration of Rights intended to be inserted in the Ratification of the new Constitution— That all Freemen have essential Rights of which they cannot by any Compact deprive or divest their posterity among which are the Enjoyment of Life and Liberty. That all power is originally vested in and consequently derived from the people & that Government is instituted for their common Benefit protection and Security. That in all Cases in which a Man may be subjected to a capital or infamous punishment no one ought to be put to his Trial unless on an Indictment by a grand Jury & that in all capital or criminal prosecutions the accused hath a Right to demand the Cause and Nature of his Accusation—to be confronted with his Accusers and Witnesses—to produce Testimony and have Council in his Defence & to a fair public and speedy Trial by an impartial Jury of the County in which the Crime was committed without whose unanimous Consent he ought not to be found guilty (except in the Government of the Land and naval Forces in Time of actual war Invasion or Rebellion) nor ought he to be compelled to give Evidence against himself. That no Freeman ought to be taken imprisoned or deseised of his Freehold or be exiled or deprived of his previledges, Franchises Life, Liberty or property but by the Law of the Land. That no person ought to be put in Jeopardy of Life or Limb or otherwise punished twice for one & the same offence unless upon Impeachment That every Freeman restrained in his Liberty is entitled to an Enquiry into the Lawfulness of such Restraint without Denial or Delay & to a Removal thereof if unlawful. That in all Controversies respecting property and in all Suits between Man & Man the antient Trial of Facts by Jury is one of the greatest Securities of the Rights of a free people and ought to remain sacred & inviolate for ever. That excessive Bail ought not to be required nor excessive Fines imposed nor cruel or unusual punishments inflicted. That every Freeman has a Right to be secure from all unreasonable Searches & Seizures of his person, his papers & his property and that therefore all Warrants to search suspected places or to seize any Freeman his papers or property without Information upon Oath (or Affirmation of a person religiously scrupulous of taking an Oath) of sufficient Cause are grievous and oppressive and all general Warrants to search suspected places or to apprehend any suspected person without specially naming or describing the place or person are dangerous & oppressive & ought not to be granted. That the people have a Right peaceably to assemble together to consult for their common Good or to instruct their Representatives and that every Freeman has a Right to petition or apply to the Legislature for Redress of Grievances. That the Freedom of the press ought not to be violated or restrained. That the Militia should always be kept well organized armed & disciplined & include according to past usages of the States all the Men capable of bearing Arms and that no Regulations tending to render the general Militia useless & defenceless by establishing select Corps of Militia or distinct Bodies of Military Men not having permanent Interests & Attachments to the Community ought to be made & that the Militia ought not to be subject to Martial Law except in Time of War Invasion or Rebellion 8c that in All Cases the Military should be under strict Subordination to & governed by the civil power. That no Soldier in Time of peace ought to be quartered in any House without the Consent of the owner & in Time of War only by the civil Magistrate in such Manner as the Laws may direct. That any person religiously scrupulous of bearing Arms ought to be exempted therefrom upon payment of an Equivalent. That the free and peaceable Exercise and Enjoyment of religious profession & Worship is a natural & unalienable Right & ought never to be abridged or violated.