Georgia and the federal Constitution : Proceedings of the state Constitutional convention, and proceedings of the state legislature with respect to the amendments proposed by the United States Congress on September 25, 1789, March 4, 1794 and December 9, 1803 / prepared in the Office of the historical adviser by Julia M. Bland

GEORGIA
AND THE
FEDERAL CONSTITUTION
+
Proceedings of the State Constitutional Convention, and Proceedings of the State Legislature with Respect to the Amend ments Proposed by the United States Con gress on September 25, 1789, March 4,1794
and December 9,1803
PREPARED IN THE OFFICE OF THE HISTORICAL ADVISER
BY
JULIA M. BLAND
UNITED STATES GOVERNMENT PRINTING OFFICE
WASHINGTON s 1937

3KUI
PUBLICATION 1078
For sale by the Superintendent of Documents, Washington, D. CT.
Price lOc

FOREWORD

Perhaps all students of the subject will agree that the

archives of the various States have not been as completely

examined in respect of our Constitutional history as they

should be. The researches of Miss Bland in the archives of

Georgia, which were carried on from November 9 to November

18, 1936, have thrown new light on the policy and procedure

of that State during early decades.

There was a very special reason for an examination of the

relevant archives of Georgia. Three States out of fourteen

failed to ratify the first ten amendments to the Constitution

the Bill of Rights. These were Connecticut, Georgia, and

Massachusetts; and very little indeed, almost nothing at all

has heretofore been known of the history in Georgia of those

proposals of 1789. That story is now told, insofar as the official

records disclose it.

Not only those proceedings, but also those relating to the

Constitution itself and to the eleventh and twelfth amend

ments, are included in this paper. In perusing it one cannot

but be struck with the solidarity of Georgian attitude during

the period in question; no dissent is found; the Georgia Con

vention ratifies the Constitution unanimously; the Legislature

deems amendments to the fundamental charter premature in

1789; it was, of course, natural that the eleventh amendment

should be particularly acceptable to the State defendant in

the suit of Chisholm; but there appears also the same ready

assent to the twelfth amendment which had been so contro

versial when it was proposed in the Congress of the United

States. And one must also remark upon the promptness of

the procedure. The Constitution, proposed in September, was

ratified in the early days of the following January. While

the records of 1789 are not so complete as might be desired,

inaction seems to have been the definitive decision within about

three months from the resolution of Congress; the eleventh

4117 37 1

HI

IV

FOREWORD

amendment was ratified within nine months of its proposal; and in the case of the twelfth amendment, although an extra session of the Georgia Legislature was required, the elapsed time was less than six months.
Of course this narrative suggests questions which cannot now be answered. One reads, for instance, that the Georgia Convention which ratified the Constitution of the United States was called to meet at Augusta on "the fourth Tuesday in December" of 1787. Was it inadvertent or deliberate that this choice of Christmas Day was made? One wonders, but goes on to learn, without surprise, that a quorum was not present on the appointed date.

Jura 25, 1937.

ITllNIMK TVlTT.T.lElt

CONTENTS
Ratification of the Constitution________.__------ ---- ------ 1 Non-ratification of the First Ten Amendments.. ------ ._ ---- -- - 9 Ratification of the Eleventh Amendment.___-_------------- 16 Ratification of the Twelfth Amendment.__ ---------------- -------- 19 Appendixes:
1. Resolution of the United States Congress Proposing Twelve Amendments to the Constitution, Two of Which Failed to Go Into Force.______...____ 29
2. Resolution of the United States Congress Proposing the Eleventh Amendment to the Constitution....._.-_ 33
3. Resolution of the United States Congress Proposing the Twelfth Amendment to the Constitution......___. 34
List of Authorities________.-----_____--------------- 37

RATIFICATION OF THE CONSTITUTION
The Federal Constitution, framed by the Constitutional Convention which met in Philadelphia in May 1787, and reso lutions of the Convention were transmitted to the President -of the Continental Congress on September 17, 1787 by George Washington, President of the Convention. On September 28, 1787 Congress "Kesolved Unanimously that the said Report with the resolutions and letter accompanying the same be 'transmitted to the several legislatures in Order to be submitted 'to a convention of Delegates chosen in each state by the people thereof in conformity to the resolves of the Convention made and provided in that case." A copy of this resolution, the report of the Convention, and the accompanying resolutions and letter were transmitted to the Governors of the States -on September 28, 1787 by Charles Thomson, Secretary of 'Congress.1
The original letter of Charles Thomson to the Governor of <5eorgia and enclosures thereto are not in the Department of Archives of Georgia. An examination of the Executive Coun cil Minutes for the period September 19-November 5,1787 did -not disclose any information regarding the receipt of the 'Constitution or accompanying resolutions; however, both were published in the Georgia State Gazette on October 13, 1787. The resolution of Congress submitting the Constitution to the "States was published in the following issue of the Gazette, October 20,1787.2
The Journal of the House of Representatives of Georgia does not indicate that the Governor transmitted the Constitu-
1 Documentary History of the Constitution of the United States, vol. II, .pp. 1-23.
2 Rare Book Collection, Library of Congress. 1

2

GEORGIA AND THE FEDERAL CONSTITUTION

tion or accompanying resolutions to the Legislature, but a message was sent to the Legislature by the Governor on October 18,1787, as indicated by an entry as follows:*

Thursday the 18** October.
A. Message from His Honor the Governor was received and read with sundry papers accompanying the same.

The "sundry papers" may have included copies of the Con stitution and resolutions.
The House Journal contains the following information with respect to the Constitution: *

Thursday the 25* October 1787.
The House met agreably to adjournment On motion by Mr Sullivan the house came to the following resolution Resolved that it be the order of the day for to morrow to take into consideration the recommendation of Congress relative to the federal Constitution ...
Friday the 26* October *787.
. . . The House proceeded to take into consideration the recommenda tion of Congress relative to the federal Constitution, and thereupon came to the following resolutions
"Whereas the United States in Congress assembled on Friday the 28tlk day of September 1787 having received the report of the Convention lately assembled at Philadelphia did resolve unanimously that the said report with the resolutions and Letter accompanying the same be trans mitted to a Convention of Delegates chosen in each State by the peoplethereof In conformity to the resolves of the Convention made and. provided in that case"
Therefore Resolved that a Convention be elected on the day of the next general election, and in the same manner as representatives areelected, and that the said Convention consist of not more than threemembers for each County
Resolved that the said Convention shall meet at Augusta on the fourth Tuesday in December next and as soon thereafter as may be con venient, proceed to consider the said report Letter and Resolutions, and to adopt or reject any part or the whole thereof.
House Journal, September 20-October 31,1787, p. 228. pp. 237, 239-240.

RATIFICATION OP THE CONSTITUTION

3

Resolved that any Member of the Executive Council or of the Legis lature, or other person holding any office of Honor or profit under this
State, may be elected a Member of the said Convention. Resolved that any three of the said Members may adjourn from
day to day, and a majority to proceed to business. . . .

The certificates of election of members to the Constitutional 'Convention from the Counties of Effingham, Burke, and Franklin are on file in the Department of Archives of Georgia. Texts of these certificates follow:

Constitutional Convention 1787--Delegates

(Burke Co. (Effingham Co. (Franklin Co.

At an Election held at Waynesborough in the county of Burke on the 5* day of December 1787
Whereupon counting- and casting up the ballots it appeared the fol lowing members were duly Elected for the Convention, the number of votes as follows--

Edward Telfair 270

George Walton 128

Henry Todd

166

Certified by us the day and year above written THO* LEWIS JUIT J, P. WmjAit FLEUXXQ J, P JACOB LEWIS J, P,

These are to Certify that [at] an Election begun and holden at Elbertston on Tuesday the 4th of December 1787 the following Gentle men was Duly Elected for the Convention for the County of Effingham Viz*.--
Jenkin Davis, Nathan Brownson, & Caleb HowelL

WHX1AM HOLZKXDOBF J- P

THOMAS McCAij. J P

Franklin County

At a general Election held at the Court House of Franklin County

4" of Dec-- 1787 was Elected John Gorham Thomas Gilbert and Jesse

Walton Esql Members to the Convention for the purpose of TgraTnining

the Federal constitution Certified by us the Day and Date above

written

WS CAWTHOH J. P

4117--37----2

JOHS CABTBB J. P

4

GEORGIA AND THE FEDERAL CONSTITUTION

The original Journal of the Convention of the State of Georgia is in the Department of Archives of Georgia-
Excerpts from this Journal follow:
STATE OF GEOBGIA, AUGUSTA.
Tuesday, December, Zff!\ 1787.
Whereas the General Assembly of the said State did, on the 26$ day of October, 1787, in pursuance of the recommendation of Congress,, come to the following Resolutions, viz*
Whereas the United States in Congress assembled on Friday, the ZSt*1 day Septemf 1787, having received the Report of the Convention latelyassembled at Philadelphia, did, "Resolve, unanimously, That the- sakT, report, with the resolutions and letter accompanying the same, be transmitted to the several Legislatures, in order to be submitted to & Convention of Delegates chosen in each State by the People thereof, in. conformity to the Resolves of the Convention made and provided In that case;" Therefore,
Resolved, That a Convention be elected on the day of the next Gen eral Election, and in the same manner as Representatives are elected' and that the said convention consist of not more than three members
from each County: Resolved, That the said Convention shall meet at Augusta on the-
fourth Tuesday In December next; and as soon thereafter as may be convenient, proceed to consider the said Report, Letter and resolutions,, and to adopt or reject any part or the whole thereof.
Resolved, That any member of the Executive Council, or of theLegislature, or other person holding any office of Honor or Profit underthis State, may be elected a member of the said Convention.
Resolved, That any three of the said members may adjourn from day to day, and a majority to proceed to business:

The following Gentlemen attended as members of the Convention,, from the County of--

Chatham Burke Wilkes

Mr Stephens Mr Todd Mr Mathews Mr Sullivan MTKing

Liberty Glyna

Mr Powell M' Handley MI Milton

The members present requested Mr Isaac Briggs to act as Secretary,, pro tempore.

Friday, December 28tt 1787. . . . The Convention proceeded to the appointment of its officers;

RATIFICATION OF THE CONSTITUTION

O

Whereupon, The Honorable John Wereat esquire was elected President; M* Isaac Brlggs was, unanimously, appointed Secretary; and Peter Farr Doorkeeper. . . . On motion of Mr Osborne, seconded by M* Milton, Ordered,
That Mr Milton, MI Powell and MI Weed be a committee to wait on His Honor the Governor and request that he will be pleased to direct the proper officers to lay before this Convention, the proposed Federal Constitution, together with the annexed letter and resolutions; the reso lutions, of Congress, and of the late General Assembly Eespecting the same.
Saturday, December 29'A 1787.
. . . The committee, appointed to wait on His Honor the Governor for the purpose of obtaining the papers necessary to be laid before this Convention, produced the proposed Federal Constitution, together with the annexed letter and resolutions; the resolution of Congress and those of the Legislature of this State, respecting the same; which were received and read.
On motion of Mr Sullivan, seconded by Mr King, The Convention proceeded to consider by paragraphs the proposed Federal Constitution and having gone through the same; Adjourned till Monday
Monday, December 31$ 1787.
On motion of MI Hillary, seconded by Mr Weed, Kesolved, -unanimously, That the proposed Federal Constitution be now adopted; and that MI Stephens, MT Osborne and Mr Sullivan be a committee to prepare and report the form of a deed of Ratification. The Committee, appointed to prepare and report the form of a deed of Ratification, reported the same; which was agreed to, and ordered to be engrossed.
Tuesday, January If, 1788.
Two copies of the deed of Ratification, ordered yesterday to be en grossed, were compared with the original: and--
On Motion of Mr Telfair, seconded by MI Few, Resolved, That the report of the Committee, appointed to prepare the form of a deed of Ratification, be reconsidered: Whereupon,
Ordered, That the same be recommitted; and that the committee be directed to insert therein the proposed Federal Constitution, the resolution of Congress, and the resolutions of the Legislature of this State taken thereon.

b

GEORGIA. AND THE FEDERAL CONSTITUTION

"Wednesday, January 21? 1788.

A. motion was made by Mr Osborne, seconded by Mr King, That the order of yesterday be reconsidered; and on the question to agree to this the Yeas and Nays being required by MI Osborne, tit Handley and Mr Todd, are as follows,

Yea [Names follow]
20

Nay [Names follow]
5

So it was Resolved in the affirmative. On motion of Mr Osborne, seconded by Mr King, Resolved,
That the form of Ratification be in the words following; and that the same be signed by all the members present, to wit,

State of Georgia, In Convention;
Wednesday, January the second, one thousand seven hundred and eighty-eight.
We, the Delegates of the People of the State of Georgia in Convention met, having taken into our serious consideration the Federal Constitu tion, agreed upon and proposed by the Deputies of the United States In General Convention, held in the City of Philadelphia, on the seventeenth day of September in the year of our Lord one thousand seven hundred and eighty-seven,
HATE assented to ratified and adopted, and by these presents DO; in virtue of the power and authority to US given by the People of the said State for that purpose,, for, and in behalf of ourselves and our Constituents, fully and entirely assent to, ratify and adopt the said Constitution, which is hereunto annexed, under the Great Seal of the said State.
DONE, in Convention, at Augusta in the said State on the second day of January in the Year of our Lord one thousand seven hundred and eighty-eight and of the Independence of the United States, the twelfth. In Witness whereof we have hereunto subscribed our names.
John Wereat, President, and Delegate for the County of Richmond. [Here follow signatures.]
Attest ISAAC BRIOQS, Secretary.
Ordered, That Mr Osborne, MI Sullivan and MI Powell be a committee to
see the Great Seal affixed to the said Constitution and Ratification; and that the same be recorded and deposited in the office of the Secre tary of State.
On the Report of the Committee, consisting of Mr Stephens, Mi Os borne and Mi Sullivan, to whom was referred their report of yesterday;

RATIFICATION OF THE CONSTITUTION

7

Eesolved, That the same be agreed to and sent to Congress, In the words following, to wit . . .
Adjourned till January 5.

Saturday, January 5$ 1788. On motion of MI Osborne, seconded by Mr Stephens, Ordered,
That Mr Osborne, Mr Stephens and Mr Habersham be a Committee to prepare and report a letter, from this Convention to His Excellency the President of Congress, to accompany the Ratification of the Federal
Constitution.
On the report of the Committee, appointed to prepare a letter to His Excellency the President of Congress, the same was agreed to, as follows:
In Convention, Augusta 5* January 1788.
SIB,
We have the honor to transmit, to the United States in Congress assembled, the Ratification of the Federal Constitution by the State
of Georgia.
We hope that the ready compliance of this State, with the recom mendations of Congress and of the late national Convention, will tend not only to consolidate the Union but promote the happiness of our common country.
With great respect, we have the honor to be, Sir, Your Excellency's obedient servants, JOHN WKEEAT, President.
By unanimous order of the Convention of the State of Georgia.
His Excellency, The President of Congress.
Resolved, That the Secretary be directed, when the President shall have
signed the Journal to lodge it, and the other papers of this Convention, with the Honorable the Executive.
Resolved, That application be made to the Legislature to make provision for
the expences attending this Convention; and that MI Habersham, Mi King and Mr Telfair be requested to lay before that Honorable Body an Estimate of the same.
Resolved,
That the journal be published; and that the Printer be directed to strike off two hundred copies to be delivered to the Executive.

8

GEOBGIA AND THE FBDEBAL CONSTITUTION

Resolved, unanimously,

That the thanks of this Convention be presented to the President,

for his able and impartial conduct in the Chair.

By. order of the Convention.

Attest

JOHN WEBEAT President

ISAAC BRIGGS, Secretary.

The Convention then dissolved.

The original letter of January 5, 1788, together with the accompanying ratification of the Federal Constitution by the State of Georgia, is in the archives of the Department of State.
Georgia was the fourth State to ratify the Constitution and one of the three States to ratify it unanimously.
The following announcement, relative to the ratification by Georgia of the Constitution, appeared in the Georgia State Gazette of January 5, 1788:
Augusta, Jan. 5. We have the pleasure to announce to the public, that on Wednesday
last the Convention of this State unanimously ratified the Federal Constitution in the words following, viz.
[Here follows the ratification.5] As the last name was signed to the Ratification a party of Colonel Armstrong's regiment quartered in this town, proclaimed the joyful tidings opposite the State-house by thirteen] discharges from two pieces of artillery.

0 The ratification text printed in the Georgia, State G&Sttti is that sc-!-. ."oi-th a-i'c. p. 6. For fhe text of tho ratification officially trans.. ' t-.-tJ '.o the President of Congress, see Documentary History of the C-'-i'Sti-ul'on of the United Siatos, vol. II, pp. 65--So; but the signa ture there printed "Mason" should read "Milton".

NON-RATIFICATION OF THE FIRST TEN AMENDMENTS
The Constitution of Georgia of 1789 (original draft on file in the Georgia Department of Archives), framed by a Conven tion which met in Augusta in 1788 and finally adopted by one -which met in May 1789, established a bicameral legislature:
The Legislative power shall be vested In two separate and distinct branches, to wit, a Senate and house of Representatives; to be stiled "The General Assembly". (Art 1, sec. 1.)
Prior to the adoption of this Constitution the legislative de partment, under the Constitution of 1777, consisted of "a House of Assembly and an Executive Council. Each county with ten members in the House of Assembly was entitled to representa tion in the Council, i.e. to two councillors elected from the membership of the House of Assembly." 6
The General Assembly met annually from 1777 to 1843. On September 25, 1789 the United States Congress passed a resolution proposing twelve amendments to the Federal Con stitution (see appendix 1), and on September 26,1789 it passed a resolution requesting the President to transmit copies of the proposed amendments to the Executives of the several States. This resolution and a certified copy of the proposed amend ments were transmitted by President Washington to the Gov ernors of the several States on October 2, 1789. The original letter of President Washington to the Governor of Georgia and enclosures thereto are not in the Georgia Department of Archives; nor is there any copy of the text of the letter, reso lution, and amendments; however, references to their receipt in the Governor and Council Minutes are as follows: 7
'Georgia's Official Register, 1927 (compiled by Rnth Blair), p. 417. 1 Governor and Council Minutes, August t-N'ovember 11, 1789, pp. 566567.
9

10

GEORGIA AND THE FEDERAL CONSTITUTION

Entry of October SI, 1189.

In Council August 31" October 1789

A letter from the President of the United States dated the 2* instant, enclosing a Besolntion, and a Copy of the amendments proposed to be added to the Constitution of the United States, was read and
Ordered to be laid before the Legislature.

The above series of minutes begins with 1762 and ends with October 1791; it continues from November 1791 to 1917 under the title Executive Department Minutes. A page-by-page search of the volumes of this series covering the period from November 12, 1789 to October 31,1791 was made, the indexes not being reliable, but no further entries on the subject were found.
An entry similar to the one above quoted appears in the Executive Council Journal, also under date of October 31, 1789."
The General Assembly met on November 2, 1789. On No vember 4,1789, Governor Walton sent the following message:*

Council Chamber Nov*4tk 1788 SIM
The proceedings of the Executive daring the present year, are faith fully recorded in the Minutes of Council; and which are directed, to gether with the various papers to which they refer, to be laid before the Legislature for their information. . . .
The several Laws and Resolutions of the United States which have been received, are now sent; some of which claim your early attention: but the first object that demands your consideration, is, the State of existing Laws. The minds of men are very much perplexed to deter mine whether they are in force or not, I have no doubt but that they are. A short law, passed without delay, declaratory of their being so, would reestablish the public confidence.
GEO WAMON The Honorable the President of the Senate,
and Speaker of the House of Representatives

* Executive Council Journal, July 22-November 11,1789, p. 75. * Letter Books--Governors', May 29-November 4, 1789.

NON-RATIFICATION OF THE FIRST TEX AMENDMENTS 11
The Letter Books of the Governors begin in 1786 and con tinue through 1897. They contain the original copies of letters from the Governors and include some messages.
The Journal of the House of Representatives contains tha following entry for November 4, 1789 regarding the above message: 10
Wednesday the 4" November 1180.
A Message from His Honor the Governor referring to papers, docu ments, and transactions of the late administration, was received riud read.
Ordered, that the same do lie on the table.
The first four pages of the Senate Journal, including entries from November 2 to and including a part of November 4,1789, are missing. An examination of the pages extant, starting at page 5, which contain some entries under date of November 4, did not reveal any entry regarding the receipt of the message of Governor Walton. This, of course, is not conclusive, in as much as such entry might have been recorded on one of the missing pages. While nothing has been found to establish the identity of the various papers, laws, and resolutions, trans mitted by Governor Walton in his message of November 4. 1789, there is a possibility that the proposed amendments were included.
On November 9,1789 Edward Telfair was elected Governor of Georgia, and the oath of office was administered on Novem ber 11, 1789.11 On November 19, 1789 he sent a message to the Senate and House of Representatives which, among other things, related to the proposed amendments. A rough draft of this message appears in the series entitled Rough Executive Minutes, November 4, 1789-December 2, 1791. under date of November 18, 1789. The message, as printed in the Augusta
10 House Journal, p. 10. 11 Senate Journal, pp. 15, 20-21.
4117--37------3

12

GEORGIA AND THE FEDERAL CONSTITUTION

Chronicle and Gazette of the State for November 28, 1789," conforms with the rough draft, with minor exceptions as to punctuation and capitalization, and the substitution in one instance of the word "thereof" for-"therefrom". The text of the rough draft is as follows:
STATE-HOUSE, Augusta, Nov. 18, 1789.
The Honorable the President of the Senate, and the honorable the Speaker of the House of Representatives.
I have removed from the files of the late Executive, and placed on those of the present, certain communications and letters, which, from their tenor, require legislative deliberation; and among which are, a communication from the President of the United States, dated the 2* October last, accompanied with a resolution of the National Government authorizing proposed amendments by Congress to the Constitution of the United States; also a communication from His Excellency Governor Clinton, of the state of New York, accompanied with a concurrent Resolution of the General Assembly of that state on the subject of amendments to the aforesaid Constitution.
One of the Secretaries to the Executive will attend with any Original documents appertaining to the Executive Department, any seperate or joint Committee of either branch, or of the General Assembly, at Cham bers provided In the State House for that purpose, and after reading the same, he is instructed to furnish the necessary extracts or Copies therefrom, and then return the said originals to their proper deposit. The original proposed amendments to the Constitution of the United States being of a special Nature, will be laid before either branch of the General Assembly upon a joint order to that effect.
EDWAED TELFAIB
State House, Augusta 20th November 1789. Ordered,
That the proposed Amendments to the Federal Constitution as transmitted by the President of the United States be published In the State Gazette.
Adjourned.
It is possible that the above message of Governor Telfair was recorded in the Letter Books--Governors', however, al though they were presumably kept for the period November

'Bare Book Collection, library of Congress.

NON-RATIFICATION OF THE FIRST TEN AMENDMENTS 13
5, 1789 to November 17, 1793, they are not in the Georgia Department of Archives and, if still in existence, tEeir where abouts is unknown.
The following entries regarding the amendments were found in the original Senate Journal for the period November 4December 24,1789 and June 7-11, 1790.13
Thursday 19 t]t November 1789. A Message from the Governor, by M* Secretary Urquehart, was
received, read, and Committed to Mr Stephens, and Mr McNeil.
Tuesday the 24 th November 1789. On the Message from the Governor of the 19s* Instant, Kesolved that Mr M?Neil and Mr Stephens be a committee on the part
of the Senate, to join a committee to be appointed by the house of .Representatives on the Subject: and that the House of Representatives be requested to nominate their committee.
Ordered that the Secretary inform them accordingly.
Thursday 26? November 1789. A Message from the House of Representatives by Mr Simmons their
clerk, .purporting that they had joined Mr Sullivan, Mr Stirk and Mr Williams to the Committee of the Senate appointed on the 24? h Ins* on the Subject of the Governors Message of the 19S h instant.
Tuesday the If December 1789. MI M'Neil in behalf of the joint committee of both houses, to whom
was referred the Governors Message of the 19** November. Report, That the proposed amendments to the defective parts of the
Constitution of the united States, and which are particularly the object of, and referred to in the said Communication cannot be effectually pointed out, but by experience.
--therefore Resolved, that the further consideration of the message be postponed, which was accepted.--
Ordered that the Secretary do carry the [apparent omission] to the House of Representatives for their concurrence.
The following entries regarding the amendments were found in the original House Journal for the period November 2December 24,1789 and June 7-11,1790:"
"Senate Journal, November 4-December 24, 17S9; June 7-11, 1790, Extra., pp. 36, 44, 54, 67.
"Bouse Journal, January 6-February 4, 17S9; November 2-December 24, 1789; June 7-11, 1790, Extra., pp. 92, 140, 176.

14

GEOBGIA AND THE FEDERAL. CONSTITUTION

Thursday the 19'.' November 1789.
A Message from His Excellency the Governor, was received and read, and ordered to be referred to a Special Committee--and that M.*. Sulli van M Stlrk and Mr Joshua Williams be that Committee.
Wednesday the 25* November 1789.
A Message from the Senate by their Secretary Mr Watkius. Mf. Speaker,
The Senate have appointed M& M'Niel and MI Stephens a Com mittee on their part to join any committee that may be appointed by the house of Representatives on the subject matter of the Governors Message of the 19* h instant and your house is requested to nominate your Committee, and then he withdrew.
Ordered that a Message be sent to the Senate to inform them that this house hath joined Mf Sullivan Mr Stirk aud M Joshua Williams as their committee on the Subject of his Excellencys Message of the 19 vh Instant
Wednesday the 2"' December 1789.
A Message from the Senate by their Secretary Mr Watkius. M Speaker,
The Senate have taken under consideration the report of the joint committee of both branches of the Legislature to whom was referred the Governors Message of the 19 ;b November 1789 In the words following.--
That the proposed amendments to the defective parts of the consti tution of the United States, and which are particularly the object of, and referred to in the said communication; cannot be effectually pointed out, but by experience, therefore.--
Resolved that the further consideration of the Message be postponed.-- to which the Senate request your concurrence, and then he withdrew.
Ordered that the same do ly on the Table.

The Senate Journals for the years 1790, 1791, and 1792 vrere examined, but they did not reveal any further information on the subject. The House Journals for 1791, 1792, 1793, 1794, and 1795 are not in the Georgia Department of Archives.
On March 1, 1792 Thomas Jefferson, then Secretary of State, in a circular letter to the Governors of the several States, transmitted among other enclosures "the ratifications, by three fourths of the Legislatures of the several States, of certain articles in addition to and amendment of the Consti-

NON-RATIFICATION OF THE FIRST TEN AMENDJIENTS 15
tution".18 The original of the letter addressed to the Governor of Georgia is not in the Georgia Department of Archives, but the Executive Department Minutes contain the following entry with respect to its receipt.16
Entry of April 26, 1702.
A Communication dated the 1* March 1792 from the Secretary of the United States enclosing two authenticated Copies of "An Act concerning certain fisheries of the United States, and for the regulation and gov ernment of the fishermen employed therein," also of "An Act to establish the post Office and post roads within the United States," also the "Ratifications by three fourths of the Legislatures of the several States of certain articles in addition to and amendment of the Constitution of the United States, proposed by Congress to the said Legislatures," was received, read &c
Ordered to be filed and the following communication made
State-house, Augusta 265? April 1792
SIB Your Communication of the 1" March with its enclosures were this
day received. I transmit you the Executive order thereon, and have the honor to be
Sir Tour most Obedi. Servi
EDW?. TtLFAIB
The Secretary of the) United States )
The original letter of April 26, 1792 and enclosed Executive order are in the archives of the Department of State at Wash ington.
No examination of contemporary newspapers could be made as inquiry at the Georgia State Library revealed that the Library has no collection of newspapers for the period prior to 1800 and that the best collection of Georgia newspapers is in the custody of the Georgia Historical Society in Savannah.
a See MS. Department of State, American Letters, vol. 4, pp. 355-3o6. "Executive Department Minutes, November 10, 1791-Xovember 5, 1792, pp. 209-210.

RATIFICATION OF THE ELEVENTH AMENDMENT
On March 4, 1794, Congress passed a resolution proposing the eleventh amendment to the Constitution (see appendix 2). On March 17,1794, Edmund Eandolph, Secretary of State, by direction of President Washington, transmitted copies of the resolution to the Governors of the several States. The original letter of Secretary Kandolph to the Governor of Georgia and enclosure thereto were not found in the Georgia Department of Archives, but a reference to their receipt appears in the Executive Department Minutes: "
Entry of April 23, 1794. State House Augusta Wednesday 23'* Ap. 1794
Communications from the Sec? of War, dated Phil* the 7** 17'* &26'& March, with their enclosures (respective) and acknowledged (See Letter Book)
Ordered That the enclosure of the 17'* be laid before (communica tion) the Legislature at their next meeting.
Kecord copies of the letters of March 7, 17, and 26 are on file in the Department of State at Washington. The letters of March 7 and 26 do not relate to the proposed amendment. No acknowledgment of the receipt of these letters has been found in the archives of the Department of State; however, the Letter Books of the Governors, on file in the Georgia De partment of Archives, indicate that on April 23, 1794 an ac knowledgment was sent, as follows: 1S
"Executive Department Minutes, November 5, 1793-September 23, 1796, pp. 80-81.
11 Letter Books--Governors', November 18,1793-May 27,1794, p. 53. 16

BATTFICATIOX OF THE ELEVENTH AMEXDMENT 17
The Secretary of State Philadelphia Augusta 23 April 1794
Bra I do myself the honor to acknowledge the Receipt of your communica
tions dated the 7'* 17* and 26** March with their Respective enclosures. and I am
with most Respect yr ob s-- GEO MATHEWS
The Legislature of Georgia met on November 3, 1794. The Governor's message to the General Assembly, dated Novem ber 3, is recorded in the Executive Department Minutes. The only part of the message which might have had reference to the proposed amendment is that portion contained in the next to last paragraph: 19
Copies of such Communications as have been received & which re quire legislative deliberation are herewith enclosed.
The Executive Department Minutes contain the following entries with respect to the amendment: 20
State House, Augusta, Thursday 27'" November 1794 The Hon^l* M r Milledge & the Hon'J* M* Blackbourn a Committee from the Senate, presented the following enrolled bills under the titles of "An Act to ratify the resolution of Congress explanatory of the Judicial power of the United States, and . . ."
State House, Augusta Friday 28" November 1794 Ordered, That the enrolled bills to be entitled "An Act to ratify the resolution of Congress explanatory of the Judicial power of the United States" and
be severally read the second time
State House, Augusta, Saturday 29'* November 1794 Ordered, That the enrolled bills to be enrolled
"Executive Department Minutes, November 5, 1793-September 23, 1796, pp. 167-170.
" IMA,, pp. 177, 178, 179.

18

GEORGIA AND THE FEDERAL CONSTITUTION

"An Act to ratify the resolution of Congress explanatory of the Judicial power of the United States, and . . . be severally read the third time & concurred with, under the titles of
"An Act to ratify the the resolution, of Congress explanatory of the Judicial power of the United States, and . . . and returned to the Senate having originated in that branch of Government
The original Senate Journals for the period 1793-1799, in clusive, and the House Journals for the period 1791-1795, inclusive, are not in the Department of Archives of Georgia.
A volume entitled Chronological Record of all acts passed by the various legislatures between June 9, 1761-December #, 1813, giving the caption and the date of passage, contains on page 111 the following entry:
An Act
To ratify the resolution of Congress explanatory of the Judicial power of the United States
Passed the 29" November 1794.
Copies of the original acts and resolves of the Legislature of Georgia are on file in the Office of the Secretary of State of Georgia. Volume E of the Acts of the General Assembly 1789-1796 contains, on pages 546-547, the following entry:
An Act To ratify the resolution of Congress explanatory of the Judicial Power of the United States. Concurred November 29, 1794
GEO MATHEWS Governor
The original act of ratification is in the Georgia Depart ment of Archives. The papers relating to the ratification of this amendment by the State of Georgia are not in the ar chives of the Department of State at Washington. Photostat copies of the following papers were obtained from the files of the United States Senate:
(1) Letter of January 23, 1795 of the Governor of Georgia to the President of the United States, transmitting
(2) An Act of the State of Georgia entitled "An Act to ratify the resolu tion of Congress explanatory of the judicial power of the United States" passed at Augusta the 29fh day of November 1794
(3) Message of February 25,1795 of President Washington transmitting the above documents to the Senate and House of Representatives.

RATIFICATION OF THE TWELFTH AMENDMENT
On December 9, 1803 Congress passed a resolution propos ing the twelfth amendment to the Constitution (see appendix 3), and on December 12, 1803 passed a resolution requesting the President to transmit copies of the proposed amendment to the Executives of the several States.
Letters from President Jefferson, with certified copies of the proposed amendment, were sent to the Governors of the sev eral States on December 13 and 14, 1803, the letter to the Governor of Georgia being sent on December 13. The archives of the Department of State at Washington do not contain a record of an acknowledgment from the Governor of Georgia of the receipt of this letter and enclosure.
The Legislature of Georgia, which met on November 8,1803, adjourned on December 11, 1803, two days before the Presi dent's letter transmitting the proposed amendment was "put into the Post Office".21 On April 4, 1804 Governor Milledge issued a proclamation convening an extra session of the Legis lature, which met on May 14,1804. A copy of this proclama tion is in the Georgia Department of Archives and is as follows: 22
Wednesday 4v h April 1804. A letter from the President of the United States dated the 13*h December 1803 inclosing a copy of an article of the Amendment pro posed by Congress to be added to the Federal Constitution, being taken under consideration it is Ordered
"MS. Department of State, Domestic Letters, voL 14, pp. 241-242. "Executive Department Minutes, November 2, 1802-March 3, 1805, pp. 369-370.
19

20

GEORGIA AND THE FEDERAL, CONSTITUTION

That a proclamation for convening the members of the Legislature of this State do issue, and in the words following--to wit--

Georgia By his Excellency John Mllledge' Governor and Commander In Chief of the army and navy of this State and of the militia thereof. A Proclamation
Whereas a subject of great political Importance has been laid before me which will require the deliberation of the Legislature before the time pointed out by law for its meeting. I have thought fit under and by virtue of the power In me vested by the Constitution to issue this my proclamation for the purpose of convening the General Assembly of this State at Louisville the seat of Government on Monday the fourteenth day of May next ensuing--And I do hereby require the attendance of the several members of the respective branches thereof at the place and on the day above mentioned.
Given under my hand and the great seal of the State at the State House In Louisville this fourth day of April In the year of our Lord one thousand eight hundred and four, and of the Inde pendence of the United States of America the twenty eighth
JOHN MIIXEDGB By the Governor
HOB. MABBDBT Sectry oj the State God save the State.

The Executive Department Minutes contain the following entry: 23

Monday 14f May 1804

Mess'-" Irwin and M'Niel of the Senate and Mess? Charlton Bird &

Strums of the House of Representatives a joint Committee from the two

branches of the General Assembly attended and notified the Governor

that a quorum of the members of that department of Government had

convened in pursuance of his proclamation of the

ult--And with

drew. Whereupon

Ordered

That Secretary Clayton do present to each branch of the General

Assembly a communication In the words following."

"Executive Department Minutes, November 2, 1802-March 3, 1805, pp. 405-406.
"For tfce text of the communication, see the following entry from the Bouse Journal.

RATIFICATION OF THE TWELFTH AMENDMENT 21

The original House Journal contains the following entries with respect to this amendment: 2S

Entry of May 14,1804.

The following written message was received from His Excellency] the Governor by his Secretary M* Clayton together with the [amend] ments therein referred to, to wit.
Gentlemen of the Senate and of the House of Representatives]

You will find in the packet herewith transmitted a copy of a letter from the President of the United States [and] of an Article of amend

ment proposed by Congress to be ad[ded] to the Federal Constitution in regard to the mode of electfing] the President and Vice President.
The ratification of the Legislatures of three fourths of the several

States being required to make this amendment a part of the Constitu

tion, and the time pointed out by law for the annual meeting of the General Assembly of this State being at so distant a day that the decision of our Legislature could not be had sufficiently soon to meet the ensuing election for President and Vice President, I was induced to

convene you for the purpose of presenting it for your consideration. Independent of the weight naturally attached to an amendment

adopted by two thirds of the National Representation, you receive this

with an additional circumstance highly favorable to its merits--the de

cided' sanction of a majority of the several State Legislatures in the Union.

On this subject the public mind having been long since amply in formed it is unnecessary for me to enter into an enlarged view either

as to its elegibility, tendency or effect I shall therefore without further remarks leave this important ques

tion to your determination not doubting but that it will be such as will promote the happiness of our Common Country.
JOHS MDCXIDGE

State House Louisville)

14 May 1804

)

And the same being read together with the following documents therein enclosed lo wit.
Copy of a letter from the President of the United States to his Excellency the Governor of Georgia
Washington Dec. 13'* 1S03. SIB,
At the request of the Senate and H. of Rep: of the U. S. I transmit to you a copy of an article of amendment proposed by Congress to be

"House Journal, November 8-December 11, 1803, f.pp.m.; May 14-May 19, 1S04, Extra., pp. 139-140, 142, 143, 146, 150, 156. 157.

22

GEORGIA AND THE FEDEBAL CONSTITUTION

added to the Constitution of the U. S. respecting the Election of Presi dent and Vice President to be laid before the legislature of the State over which you preside: and I tender you assurances of my high respect and consideration.
TH : JEFFEBSOIT His Excellency
The Governor of the State of Georgia Louisville

[The text of the resolution follows: see post, p. 34.]

On motion of Mr Bird Resolved that a Committee be appointed on the part of this house to
Join any Committee that may be appointed on the part of the Senate whose duty it shall be to take into consideration the communication of his Excellency the Governor and report immediately by bill or otherwise
Ordered that Mess*' Bird, Welscher Stephens Lamar and Abbot be that Committee
A Message from Senate by their Secretary Mr Bobertson: Mr Speaker--The senate have concurred in the resolution of the house of Representatives appointing a joint Committee to take into considera tion the communication of his Excellency the Governor and have ap pointed a Committee on their part And he withdrew

!i- o'Clock [same day].
... Mr Welscher from the joint Committee appoin[ted] on the com munication of his Excellency the Governor reported a bill to be entitled an act to declare the ap[pro]bation and assent of this State to the amendment to [be added to] the Constitution of the United States pro posed by Congress resp[ect]ing the election of President and Vice Presi dent and to confirm and ratify the same on the part of this [State] which was received and read the first time
Tuesday May the 15"-180%.
. . . The bill to be entitled an act to declare the approbation & assent of this State to the amendment of the Constitution of the United States proposed by Congress respecting the Election of President and Vice President and to confirm and ratify the same on the part of this State was read the second time.
Whereupon the house resolved itself into a Committee of the whole on the same MT Whitaker in the chair Mr Speaker resumed the chair and Mr Whitaker from the committee reported that they had taken

RATIFICATION OF THE TWELFTH AMENDMENT 23
the same Into consideration and agreed thereto with an amendment which said report was taken up agreed to by the house and the bill ordered to be engrossed--
Wednesday May 16'* 1804. ... An engrossed bill to be entitled "An Act to declare the approba
tion and assent of this State to the amendment to the Constitution of the United States pro[po]sed by Congress and to confirm and ratify the same on the part of this State, was read the third time & passed.
Ordered that the Clerk inform the Senate thereof and desire their concurrence.
Friday May the 18* 1804.
A message from the Senate by their Secretary Mr Robertson. MI Speaker the Senate have passed the bill from the house of Repre sentatives to amend the Constitution of the United States -without an amendment.
MI Stephens from the Committee on enrolled bills reported as duly enrolled An Act to declare the approbation and assent of this State to the amendment ot the Constitution of the United States, proposed by Congress respecting the election of President and Vice President and to confirm and ratify the same on the part of this State
On the question being put "shall the Speaker now sign the bill" it was Resolved in the affirmative and the yeas and nays being required are yeas 42 nay 1. Those who voted in the affirmative are . . .
The Speaker signed the same.
On May 19,1804 the bill was presented to the Governor for his approval. The entry is as follows: *6
Saturday IS? May 1804.
Mess*1 Spalding Park and Harden of the Senate & Mr Drane of the House of Representatives a joint Committee from the two branches of the Legislature attended and presented a Bill entitled "An Act to declare the approbation and assent of this State to the Amendment of the Constitution of the United States proposed by Congress respecting the Election of President and Vice President, and to confirm and ratify the same on the part of this State" And withdrew.
The above mentioned bill being read was assented & signed. Ordered
w Executive Department Minutes, November 2, 1802-March 3, lS05r pp. 422-423.

24

GEOKGIA AND THE FEDERAL CONSTITUTION

That Secretary Clayton do return the same to the House of Repre sentatives, that being the branch of the General Assembly in which it originated.
The original House Journal contains the following entry with respect to the Governor's approval: 27
Saturday May the 19? 1804.
A message from his Excellency the Governor by his Secretary MI Clayton informing the house that his Excellency the Governor had assented to and signed, An Act to declare the approbation and assent of this State to the amendment of the Constitution of the United States proposed by Congress respecting the election of President and Vice President and to confirm and ratify the same on the part of this State and had directed him to return it to this house it being the branch of the General Assembly in which it originated
Ordered that the Committee on enrolled bills do take the said act to the office of the Secretary of State and see the great Seal affixed thereto
The Senate Journals for the legislative session of Novem ber 8-December 11,1803 and the extra session of May 14-May 19, 1804 are not in the Georgia Department of Archives.
The Georgia Department of Archives does not contain the original letter of President Jefferson to the Governor of Georgia or the enclosure thereto. Previous searches in the archives of the Department of State at Washington and in the available printed legislative journals in the Library of Congress did not reveal a text of the letter; however, the search in the Georgia archives was successful in that a copy of the text of the letter was found, as shown by the House Journal entries above.
The volume entitled Chronological Record of all acts passed by the various legislatures between June 9, 1761-December 8, 1813, giving the caption and the date of passage contains, on page 205, the following entry:
An Act
To declare the approbation and assent of this State to the Amendment of the Constitution of tfce united States proposed by Congress respecting

" House Journal, November 8-December 11, 1803, f.pp.m.; May 14May 19, 1804, Extra., p. 160.

RATIFICATION OF THE TWFJJFTH AMEXDJIEXT 25

the Election of President and Vice President & to confirm and ratify the same on the Part of this State.--Passed the 19th ilay 1804.
Volume G-1800-1804 of the Acts of the General Assembly, on file in the Office of the Secretary of State of Georgia, con tains, on pages 733-736, a copy of the act ratifying the twelfth amendment. The title and date of assent are given as follows:

An Act To declare the approbation and assent of this state to the

amendment of the Constitution of the United States, proposed by Con

gress respecting the election of President and vice President and to

confirm and ratify the same on the part of this state

Assented to May 19 *& 1804.

Jx MHXEDGE Governor

On August 18, 1804 James Madison, Secretary of State, in a letter to Governor Milledge of Georgia, stated that no ex emplification of the ratifying act of the Legislature of Georgia had been received and requested him to forward the necessary document. A record copy of this letter is on file in the archives of the Department of State at "Washington. The original was not found in the Georgia archives; however, a copy of the acknowledgment of this letter is recorded in the Letter Books of the Governors, as follows: 2S

Executive department Georgia Louisville 13'* September ISO!
SIB I have had the honor to receive your letter from the city of Wash
ington dated the 18t h of last month--I transmitted to you two exem plifications, dated the 8* instant, of the Act of this State, to ratify [and confirm] the amendment to the Constitution of the United States, relative to the election of President and vice President--One exemplifi cation I sent by the way of Savannah, and the other from Augusta by the direct northern mail
I have the honor to be with great respect & Consideration

Yr Ob* Serv.

The Hon&' James Madison

JX' MlIiEDOE

Secretary of State

Letter Bool-x--Governors', March 12, 1802-Xovember 2, 1809, p. 137.

26

GEOBGIA AND THE FEDERAL CONSTITUTION

The original of the above letter has not been found. The original letter of September 8, 1804, and the enclosure thereto, as well as the second exemplification, are on file in the archives of the Department of State at Washington.
Secretary Madison, on September 24, 1804, sent a notifica tion, in the form of a circular letter, to the Governors of the several States, of the ratification of this amendment by three fourths of the several States. The Executive Department Minutes contain the following entry with respect to the receipt of this letter: 29

Monday lo'* October 1804.

A letter dated Navy Department IS"1- September 1804 from the Honor able Robert Smith, and one dated department of State 24* September 1804 from the Honorable James Madison, were received read and
Ordered to be filed.

A letter (for a Copy of which see letter book page able James Madison.

) the Honor

A copy of the letter of acknowledgment appears in the

Letter Books of the Governors: so

Executive department

Georgia 15 ?h October 1804 SIB

This is to acknowledge the receipt of your letter of the 24 of last

month, notifying to me that the amendment proposed during the last

session of Congress to the constitution of the United States, respecting

the manner of voting for President and Vice President of the United

States, has been ratified by the Legislatures of three fourths of the

Several States

I have the honor to be

with great respect

g,

The Hon*' James Madison Secretary of State

Y.p ob' Serv.

JN' MlLLEDGI)

^Executive Department Minutcg, November 2, 1802-March 3, 1805, p. 483.
30 Letter Books--Governors', March 12, 1802-November 2,1809, p. 138.

APPENDIXES

I
APPENDIX 1
RESOLUTION OF THE UNITED STATES CONGRESS PROPOSING TWELVE AMENDMENTS TO THE CON STITUTION, TWO OF WHICH FAILED TO GO INTO FORCE 1 Congress of the "United States, begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Gov ernment, will best ensure the benificent ends of its institution:
RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as Amend ments to the Constitution of the United States, all or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz1
ARTICLES in addition to, and Amendment of the Constitu tion of the United States of America, proposed by Congress,
1 Literal print of the resolution, the original text of which is deposited in the National Archives. The first two amendments here appearing were not adopted. The ten following were ratified, and the ratifications were communicated by the President to Congress, from time to time, as the several States notified him of their action. They now stand as the first ten amendments to the Constitution.
29

30

APPENDIXES

and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
Article the first.....After the first enumeration required by the first Article of the Constitution, 'there shall be one Repre sentative for every thirty thousand, until the number shall amount to one hundred, after which, the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Rep resentative for every forty thousand persons, until the number of Representatives shall amount to two hundred, after which the proportion shall be so regulated by Con gress, that there shall not be less than two hundred Repre sentatives, nor more than one Representative for every fifty thousand persons.
Article the second--No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
Article the third......Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress ofgrievances.
Article the fourth....A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Article the fifth.......No Soldier shall, in time of peace be quar tered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Article the sixth......The right of the people to be secure in their persons, houses, papers, and effects, against unrea sonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, sup ported by Oath or affirmation, and particularly describing

KESOLTTTIOSTS OF COITGBESS PBOPOSTNQ AMEKDilE^TS 31
the place to be searched, and the persons or things to be
seized. Article the seventh..No person shall be held to answer for a
capital, or otherwise infamous crime, unless on a present ment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in tune of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be com pelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Article the eighth...In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. Article the ninth..In Suits at common law, where the-value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Article the tenth......Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Article the eleventh....The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Article the twelfth...The powers not delegated to the United States by the Constitution, nor prohibited by it to the

32
States, are reserved to the States respectively, or to the people.
FREDERICK AUGUSTUS MUHLENBERG Speaker of the House of Representatives.
JOHN ADAMS, Vice-President of the United States, and President of the Senate.
ATTEST, JOHN BECKUIY, Clerk of the House of Representatives. SAM. A. OTIS Secretary of the Senate.

APPENDIX 2

RESOLUTION OF THE UNITED STATES CONGRESS PROPOSING THE ELEVENTH AMENDMENT TO THE CONSTITUTION 2
Third Congress of the United States:
At the First session,

Begun and held at the City of Philadelphia, in the State of Pennsylvania, on Monday the Second of December one thousand seven hundred and ninety-three.
Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Article be proposed to the Legislatures of the several States, as an amendment to the Constitution of the United States; \vhich when ratified by three-fourths of the said Legislatures shall be valid as part of the said Constitution, viz:
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizensof another State, or by Citizens or Subjects of any Foreign State.
FREDERICK AUGUSTUS MUHUBZSBEBG Speaker of the House of Representatives.
JTOHN A.DAMS, j(aVnicde pPrerseisdiednetntofotfhethgeenaUtenited States

Attest

JOHN BECKIEY, . . .Clerk of the House of Representanves.
SAM. A. Ous Secretary of the Senate.

1 Literal print of the resolution, the original text of which is deposited in the National Archives. The eleventh amendment was declared by the President, in a message to Congress dated January 8, 1738, to havebeen ratified by three-fourths of the States.
33

APPENDIX 3
RESOLUTION OF THE UNITED STATES CONGRESS PROPOSING THE TWELFTH AMENDMENT TO THE CONSTITUTION 8
EIGHTH CONGRESS OF THE UNITED STATES;
AT THE FIRST SESSION,
Begun and held at the city of Washington, in the territory of Columbia, on Monday, the seventeenth of October, one thousand eight hundred and three.
Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, Two thirds of both houses concurring, that in lieu of the third paragraph of the first section of the second article of the constitution of the United States, the following be proposed as an amendment to the constitution of the United States, which when ratified by three-fourths of the legislatures of the several states, shall be valid to all intents and purposes, as part of the said constitution, to wit:
The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with them selves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as VicePresident, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign
1 Literal print of the resolution, the original text of which Is deposited in the National Archives. The twelfth amendment, proposed in lien of the original third paragraph of section i of Article II, was declared in a proclamation of the Secretary of State, dated September 25, 1804, to have been ratified by three-fourths of the States.
34

RESOLUTIONS OP CONGBESS PBOPOSING AMENDMENTS 35
and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;-- The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;--The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors ap pointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next fol lowing, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the Presi dent.--The person having the greatest number of votes as VicePresident, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineli gible to the office of President shall be eligible to that of VicePresident of the United States.
NATH1- MAOON Speaker of the House of Representatives.
A. BUEE Vice-President of the United States, and President of the Senate.
Attest-- JOHN BECKLES-, .. .Clerk of the House of Representatives SAM. A. Ons Secretary of the Senate.

LIST OF AUTHORITIES
Augusta Chronicle and Gazette of the State: November 28, 17S9 (Con tinuation of the Georgia State Gazette). Rare Book Collection, Library of Congress, Washington, D.C.
Chronological Record of all acts passed by the various legislatures between June 9, 1761-December 2, 1S13, giving the caption and the date of passage.
Constitution of Georgia, 1789. Original draft Constitutional Convention, 1787: Certificates of Election of Members. Constitutional Convention, 1787: The Journal of the Convention of the
State of Georgia assembled for the discussion of the Federal Constitution, Tuesday December 25, 1787-January 5, 1788. Department of State. Manuscript: American Letters, vol. 4; Domestic Letters, vci. 14. Documentary History of the Constitution of the United States of America, 1786-1870. Derived from the records, manuscripts, and rolls deposited in the Bureau of Rolls and Library of the Depart ment of State. Washington: Department of State, 1894. Vol. II. 35ieeufive Council Minutes (Journals). OriginalsSeptember 19-November 5, 1787. November 6, 1787-January 16, 1788. January 7-February 15, 1788. February 18-Decemoer 10, 1788. December 16, 1788-Jannary 7, 1789. July 22-November 11, 1789. Executive Department Minutes (Continuation of the Governor and
Council Minutes). November 10, 1791-November 5, 1792. November 5, 1793-September 23, 1796. November 2,1802-March 3, 1805. General Assembly, Acts for 1789-1798; 1800-1804 (Office of the Secre tary of State of Georgia). Original copies. Vols. B and G. Georgia State Gazette: October 13 and 20, 1787; January 5, 1788 (Continued as the Augusta Chronicle and Gazette ot the State). Bare Book Collection, Library ot Congress, Washington, D.C.
37

38

LIST OF AUTHORITIES

Georgia's Official Register, 1927. Compiled by Ruth Blalr. Governor and Council Mtnutes (Journals of the Proceedings of the
Executive Department of Government). Manuscript. August 4--November 11,1788.
November 12,1789-May 8,1790. May 9-December 18, 1790. December 17,1790-October 31,179L Journals of the House of Representatives of Georgia. Originals. September 20-October 31, 1787. January 1-January 31,1788.
July 22-August 6,1788.
November 4-November 13, 1788. November 2-December 24, 17S9. June 7-Jnne 11, 1790. Extra. November 8-December 11, 1803. May 14-May 19, 1804, Extra. Journals of the Senate of Georgia. Originals.
November 4-December 24, 1789.
June 7-June 11, 1790. Extra. November 1-December 11, 1790.
November 7-December 18, 1791. December 19-December 24,1791. November 5-December 20, 1792. Legislature of Georgia. Act ratifying the Eleventh Amendment to the
Constitution of the United States: November 29,1794. Original. (See also General Assembly, Acts for 1789-1786.) Letter Books--Governors', Original copies. May 29-November 4, 1789. November 18, 1793-May 27,1794. March 12, 1802-Nbvember 2, 1809.
Mathews, George (Governor of Georgia, 1793-1796). Letters. Phillips, Ulrich Bonnell. Georgia and State Rights. Annual Report of
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USI OF AUTHORITIES
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