Rhode Island's Ratification

Ratification of the Constitution by the State of Rhode Island, May 29, 1790.Rhode Island was the thirteenth state to do so. Rhode Island's ratificationmessage is lengthy, with a list similar to that of New York's, listing a billof rights and listing several proposed amendments. Most of the amendments werenot original, having been suggested in prior ratification documents. RhodeIsland was the last of the original thirteen states to ratify the Constitution.The following text is taken from the Library of Congress's copy of Elliot'sDebates.

A copy of theConstitution was included in theratification document.

Ratification of the Constitution by the Convention of the State of RhodeIsland and Providence Plantations.

We, the delegates of the people of the state of Rhode Island and ProvidencePlantations, duly elected and met in Convention, having maturely considered theConstitution for the United States of America, agreed to on the seventeenth dayof September, in the year one thousand seven hundred and eighty-seven, by theConvention then assembled at Philadelphia, in the commonwealth of Pennsylvania,(a copy whereof precedes these presents,) and having also seriously anddeliberately considered the present situation of this state, do declare andmake known,—

I. That there are certain natural rights of which men, when they form asocial compact, cannot deprive or divest their posterity,—among which are theenjoyment of life and liberty, with the means of acquiring, possessing, andprotecting property, and pursuing and obtaining happiness and safety.

II. That all power is naturally vested in, and consequently derived from,the people; that magistrates, therefore, are their trustees and agents, and atall times amenable to them.

III. That the powers of government may be reassumed by the people whensoeverit shall become necessary to their happiness. That the rights of the statesrespectively to nominate and appoint all state officers, and every other power,jurisdiction, and right, which is not by the said Constitution clearlydelegated to the Congress of the United States, or to the departments ofgovernment thereof, remain to the people of the several states, or theirrespective state governments, to whom they may have granted the same; and thatthose clauses in the Constitution which declare that Congress shall not have orexercise certain powers, do not imply that Congress is entitled to any powersnot given by the said Constitution; but such clauses are to be construed asexceptions to certain specified powers, or as inserted merely for greatercaution.

IV. That religion, or the duty which we owe to our Creator, and the mannerof discharging it, can be directed only by reason and conviction, and not byforce and violence; and therefore all men have a natural, equal, andunalienable right to the exercise of religion according to the dictates ofconscience; and that no particular religious sect or society ought to befavored or established, by law, in preference to others.

V. That the legislative, executive, and judiciary powers of governmentshould be separate and distinct; and, that the members of the two first may berestrained from oppression, by feeling and participating the public burdens,they should, at fixed periods, be reduced to a private station, returned intothe mass of the people, and the vacancies be supplied by certain and regularelections, in which all or any part of the former members to be eligible orineligible, as the rules of the constitution of government and the laws shalldirect.

VI. That elections of representatives in legislature ought to be free andfrequent; and all men having sufficient evidence of permanent common interestwith, 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 peoplewithout their own consent, or that of their representatives so elected, nor canthey be bound by any law to which they have not in like manner consented forthe public good.

VII. That all power of suspending laws, or the execution of laws, by anyauthority, without the consent of the representatives of the people in thelegislature, is injurious to their rights, and ought not to be exercised.

VIII. That, in all capital and criminal prosecutions, a man hath the rightto demand the cause and nature of his accusation, to be confronted with theaccusers and witnesses, to call for evidence, and be allowed counsel in hisfavor, and to a fair and speedy trial by an impartial jury in his vicinage,without whose unanimous consent he cannot be found guilty, (except in thegovernment of the land and naval forces,) nor can he be compelled to giveevidence against himself.

IX. That no freeman ought to be taken, imprisoned, or disseized of hisfreehold, liberties, privileges, or franchises, or outlawed, or exiled, or inany manner destroyed or deprived of his life, liberty or property, but by thetrial by jury, or by the law of the land.

X. That every freeman restrained of his liberty is entitled to a remedy, toinquire into the lawfulness thereof, and to remove the same if unlawful, andthat such remedy ought not to be denied or delayed.

XI. That in controversies respecting property, and in suits between man andman, the ancient trial by jury, as hath been exercised by us and our ancestors,from the time whereof the memory of man is not to the contrary, is one of thegreatest securities to the rights of the people, and ought to remain sacred andinviolable.

XII. That every freeman ought to obtain right and justice, freely andwithout sale completely and without denial, promptly and without delay; andthat all establishments or regulations contravening these rights are oppressiveand unjust.

XIII. That excessive bail ought not to be required, nor excessive finesimposed, nor cruel or unusual punishments inflicted.

XIV. That every person has a right to be secure from all unreasonablesearches and seizures of his person his papers, or his property; and therefore,that all warrants to search suspected places, to seize any person, his papers,or his property, without information upon oath or affirmation of sufficientcause, are grievous and oppressive; and that all general warrants (or such inwhich the place or person suspected are not particularly designated) aredangerous, and ought not to be granted.

XV. That the people have a right peaceably to assemble together to consultfor their common good, or to instruct their representatives; and that everyperson has a right to petition or apply to the legislature for redress ofgrievances.

XVI. That the people have a right to freedom of speech, and of writing andpublishing their sentiments. That freedom of the press is one of the greatestbulwarks of liberty, and ought not to be violated.

XVII. 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, isthe proper, natural, and safe defence of a free state; that the militia shallnot be subject to martial law, except in time of war, rebellion, orinsurrection; 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 alltimes, 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 withoutthe consent of the owner, and in time of war only by the civil magistrates, insuch manner as the law directs.

XVIII. That any person religiously scrupulous of bearing arms ought to beexempted upon payment of an equivalent to employ another to bear arms in hisstead.

Under these impressions, and declaring that the rights aforesaid cannot beabridged or violated, and that the explanations aforesaid are consistent withthe said Constitution, and in confidence that the amendments hereaftermentioned will receive an early and mature consideration, and, conformably tothe 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 ofRhode Island and Providence Plantations, do, by these presents, assent to andratify the said Constitution. In full confidence, nevertheless, that, until theamendments hereafter proposed and undermentioned shall be agreed to andratified, pursuant to the aforesaid fifth article, the militia of this statewill not be continued in service out of this state, for a longer term than sixweeks, without the consent of the legislature thereof; that the Congress willnot make or alter any regulation in this state respecting the times, places,and manner, of holding elections for senators or representatives, unless thelegislature of this state shall neglect or refuse to make laws or regulationsfor the purpose, or, from any circumstance, be incapable of making the same;and that, in those cases, such power will only be exercised until thelegislature of this state shall make provision in the premises; that theCongress will not lay direct taxes within this state, but when the moneysarising from impost, tonnage, and excise, shall be insufficient for the publicexigencies, nor until the Congress shall have first made a requisition uponthis state to assess, levy, and pay, the amount of such requisition madeagreeable to the census fixed in the said Constitution, in such way and manneras the legislature of this state shall judge best; and that Congress will notlay any capitation or poll tax.

Done in Convention, at Newport, in the county of Newport, in the state ofRhode Island and Providence Plantations, the twenty-ninth day of May, in theyear of our Lord one thousand seven hundred and ninety, and in the fourteenthyear of the independence of the United States of America.

By order of the Convention.

DANIEL OWEN, President.

Attest. Daniel Updike, Secretary.

And the Convention do, in the name and behalf of the people of the state ofRhode Island and Providence Plantations, enjoin it upon the senators andrepresentative or representatives, which may be elected to represent this statein Congress, to exert all their influence, and use all reasonable means, toobtain a ratification of the following amendments to the said Constitution, inthe manner prescribed therein; and in all laws to be passed by the Congress inthe mean time, to conform to the spirit of the said amendments, as far as theConstitution will admit.

Amendments.

I. The United States shall guaranty to each state its sovereignty, freedom,and independence, and every power, jurisdiction, and right, which is not bythis Constitution expressly delegated to the United States.

II. That Congress shall not alter, modify, or interfere in, the times,places, or manner, of holding elections for senators and representatives, oreither 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 casewhen the provision made by the state is so imperfect as that no consequentelection is had, and then only until the legislature of such state shall makeprovision in the premises.

III. It is declared by the Convention, that the judicial power of the UnitedStates, in cases in which a state may be a party, does not extend to criminalprosecutions, or to authorize any suit by any person against a state; but, toremove all doubts or controversies respecting the same, that it be especiallyexpressed, as a part of the Constitution of the United States, that Congressshall not, directly or indirectly, either by themselves or through thejudiciary, interfere with any one of the states, in the redemption of papermoney already emitted, and now in circulation, or in liquidating anddischarging the public securities of any one state; that each and every stateshall have the exclusive right of making such laws and regulations for thebefore-mentioned purpose as they shall think proper.

IV. That no amendments to the Constitution of the United States, hereafterto be made, pursuant to the fifth article, shall take effect, or become a partof the Constitution of the United States, after the year one thousand sevenhundred and ninety-three, without the consent of eleven of the statesheretofore united under the Confederation.

V. That the judicial powers of the United States shall extend to no possiblecase where the cause of action shall have originated before the ratification ofthis Constitution, except in disputes between states about their territory,disputes between persons claiming lands under grants of different states, anddebts due to the United States.

VI. That no person shall be compelled to do military duty otherwise than byvoluntary enlistment, except in cases of general invasion; any thing in thesecond paragraph of the sixth article of the Constitution, or any law madeunder the Constitution, to the contrary notwithstanding.

VII. That no capitation or poll tax shall ever be laid by Congress.

VIII. In cases of direct taxes, Congress shall first make requisitions onthe several states to assess, levy, and pay, their respective proportions ofsuch requisitions, in such way and manner as the legislatures of the severalstates shall judge best; and in case any state shall neglect or refuse to payits proportion, pursuant to such requisition, then Congress may assess and levysuch state's proportion, together with interest, at the rate of six per cent.per annum, from the time prescribed in such requisition.

IX. That Congress shall lay no direct taxes without the consent of thelegislatures of three fourths of the states in the Union.

X. That the Journal of the proceedings of the Senate and House ofRepresentatives shall be published as soon as conveniently may be, at leastonce in every year; except such parts thereof relating to treaties, alliances,or military operations, as in their judgment require secrecy.

XI. That regular statements of the receipts and expenditures of all publicmoneys shall be published at least once a year.

XII. As standing armies, in time of peace, are dangerous to liberty, andought not to be kept up, except in cases of necessity, and as, at all times,the military should be under strict subordination to the civil power, that,therefore, no standing army or regular troops shall be raised or kept up intime of peace.

XIII. That no moneys be borrowed, on the credit of the United States,without the assent of two thirds of the senators and representatives present ineach house.

XIV. That the Congress shall not declare war without the concurrence of twothirds of the senators and representatives present in each house.

XV. That the words "without the consent of Congress," in the seventh clausein the ninth section of the first article of the Constitution, be expunged.

XVI. That no judge of the Supreme Court of the United States shall hold anyother office under the United States, or any of them; nor shall any officerappointed by Congress, or by the President and Senate of the United States, bepermitted to hold any office under the appointment of any of the states.

XVII. As a traffic tending to establish or continue the slavery of any partof the human species is disgraceful to the cause of liberty and humanity, thatCongress shall, as soon as may be, promote and establish such laws andregulations as may effectually prevent the importation of slaves of everydescription into the United States.

XVIII. That the state legislatures have power to recall, when they think itexpedient, their federal senators, and to send others in their stead.

XIX. That Congress have power to establish a uniform rule of inhabitancy orsettlement of the poor of the different states throughout the UnitedStates.

XX. That Congress erect no company with exclusive advantages ofcommerce.

XXI. That when two members shall move and call for the ayes and nays on anyquestion, they shall be entered on the Journals of the houses respectively.

Done in Convention, at Newport, in the county of Newport, in the state ofRhode Island and Providence Plantations, the twenty-ninth day of May, in theyear of our Lord one thousand seven hundred and ninety, and the 14th year ofthe independence of the United States of America.

By order of the Convention.

DANIEL OWEN, President.

Attest. Daniel Updike, Secretary.

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