This preamble is in substance the preamble affixed to the "Conciliatory
Resolutions" of Massachusetts, which were drawn by Chief Justice
Parsons, and offered in the Convention as a compromise by John Hancock.
(_Life Ch. J. Parsons,_ p. 67.) They were afterward copied and adopted
with some additions by New Hampshire.
The fifth amendment, on which the Supreme Court relies, is taken almost
literally from the declaration of rights put forth by the Convention of
New York, and the clause referred to forms the ninth paragraph of the
declaration. The tenth amendment, on which Senator Douglas relies, is
taken from the Conciliatory Resolutions, and is the first of those
resolutions somewhat modified. Thus, these two amendments, sought to be
used for slavery, originated in the two great anti-slavery States, New
York and Massachusetts.]
[Footnote 26:--The amendments were proposed by Mr. Madison in the House
of Representatives, June 8, 1789. They were adopted by the House, August
24, and some further amendments seem to have been transmitted by the
Senate, September 9. The printed journals of the Senate do not state the
time of the final passage, and the message transmitting them to the
State Legislatures speaks of them as adopted at the first session, begun
on the fourth day of March, 1789.
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