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Original Document
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Original Document
"The Address and Reasons of Dissent of the Minority of the Convention of The State of Pennsylvania to their Constituents," 1788.


1. The right of conscience shall be held inviolable; and neither the legislative, executive nor judicial powers of the United States shall have authority to alter, abrogate or infringe any part of the constitution of the several States, which provide for the preservation of liberty in matters of religion.

2.That in controversies respecting property, and in suits between man and man, trial by jury shall remain as heretofore, as well in the federal courts as in those of the several States.

3. That in all capital and criminal prosecutions, a man has a right to demand the cause and nature of his accusation, as well in the federal courts as in those of the several States; to be heard by himself and his counsel; to be confronted with the accusers and witnesses; to call for evidence in his favor, and a speedy trial by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty, nor can he be compelled to give evidence against himself; and, that no man be deprived of his liberty, except by the law of the land or the judgment of his peers.

4. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel nor unusual punishment inflicted.

5. That warrants unsupported by evidence, whereby any officer or messenger may be commanded or required to search suspected places; or to seize any person or persons, his or their property not particularly described, are grievous and oppressive, and shall not be granted either by the magistrates of the federal government or others.

6. That the people have a right to the freedom of speech, of writing and publishing their sentiments; therefore the freedom of the press shall not be restrained by any law of the United States.

7. That the people have a right to bear arms for the defence of themselves and their own State or the United States, or for the purpose of killing game; . . .

8. The inhabitants of the several States shall have liberty to fowl and hunt in seasonable time on the lands they hold, . . .

9. That no law shall be passed to restrain the legislatures of the several States from enacting laws for imposing taxes, except imposts and duties on goods imported or exported, . . .

10. That the house of representatives be properly increased in number; that elections shall remain free; that the several States shall have power to regulate the elections for senators and representatives without being controlled either directly or indirectly by any interference on the part of the Congress; and that the elections of representatives be annual.

11. That the power of organizing, arming and disciplining the militia remain with the individual States, and that Congress shall not have authority to call or march any of the militia out of their own State, without the consent of such State, and for such length of time only as such State shall agree: "That the sovereignty, freedom and independency of the several States shall be retained, and every power, jurisdiction and right which is not by this Constitution expressly delegated to the United States in Congress assembled.

12. That the legislative, executive and judicial powers be kept separate. . . .

13. That no treaty which shall be directly opposed to the existing laws of the United States in Congress assembled, shall be valid until such laws shall be repealed or made conformable to such treaty; . . .

14. That the judiciary power of the United States shall be confined to cases affecting ambassadors, other public ministers and consuls, to cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States. . . .

"After reading these propositions, we declared our willingness to agree to the plan, provided it was so amended as to meet those propositions or something similar to them, and finally moved the convention adjourn, to give the people of Pennsylvania time to consider the subject and determine for themselves; but these were all rejected and the final vote taken, when our duty to you induced us to vote against the proposed plan and to decline signing the ratification of the same..."

(This document was signed by 21 members of the Convention)


Credit: John Bach McMaster, editor, Pennsylvania and the Federal Constitution, 1787-1788 (Philadelphia, 1888), 461-464.
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