Proceedings in the House of Representatives on the Eleventh Amendment, 1794

March 4, 1794

AMENDMENT TO THE CONSTITUTION.3 min read
1: House, March 4, 1794, ¶ 1 (House1794.Mar4.1)

The House resolved itself into a Committee of the Whole House on the resolution sent from the Senate, “proposing an article of amendment to the Constitution of the United States, respecting the Judicial power ;” and, after some time spent therein, the Chairman reported, that the Committee had had the said resolution under consideration, and made no amendment thereto.

2: House, March 4, 1794, ¶ 2 (House1794.Mar4.2)

A motion was then made, and seconded, to amend the said proposed article of amendment, at the Clerk’s table, by adding to the end thereof, the words following, to wit: “ Where such State shall have previously made provision in their own Courts, whereby such suit may be prosecuted to effect ;” and, on the question thereupon, it passed in the negative—yeas 8, nays 77, as follows:

3: House, March 4, 1794, ¶ 3 (House1794.Mar4.3)

Yzeas.—John Beatty, Elias Boudinot, Daniel Heister’ William Hindman, Henry Latimer, Andrew Pickens Thomas Scott, and Silas Talbot.

4: House, March 4, 1794, ¶ 4 (House1794.Mar4.4)

Nars.—Fisher Ames, Theodorus Bailey, Abraham Baldwin, Thomas Blount, Shearjashub Bourne, Ben jamin Bourne, Thomas P. Carnes, Gabriel Christie Thomas Claiborne, David Cobb, Peleg Coffin, Joshu, Coit, Isaac Coles, William J. Dawson, Henry Dear born, George Dent, William Findley, Thomas Fitzsi. mons, Dwight Foster, Ezekiel Gilbert, William B. Giles, James Gillespie, Nicholas Gilman, Henry Glenn, Benjamin Goodhue, James Gordon, William Barry Grove, George Hancock, Carter B. Harrison, John Heath, James Hillhouse, Samuel Holten, John Hunter, William Irvine, Amasa Learned, Richard Bland Lee, Mathew Locke, William Lyman, Nathaniel Macon, Francis Malbone, Joseph McDowell, Alexander Mebane, William Montgomery, Andrew Moore, Peter Muhlenberg, William Vans Murray, Joseph Neville, Anthony New, John Nicholas, Nathaniel Niles, John Page, Josiah Parker, Francis Preston, Robert Rutherford, Theodore Sedgwick, John S. Sherburne, John Smilie, Jeremiah Smith, Israel Smith, Samuel Smith, Thomas Sprigg, Zephaniah Swift, George Thatcher, Uriah Tracy, Thomas Tredwell, Jonathan Trumbull, John E. Van Allen, Philip Van Cortlandt, Peter Van Gaasbeck, Abraham Venable, Peleg Wadsworth, Francis Walker, John Watts, Benjamin Williams, Paine Wingate, Richard Winn, and Joseph Winston.

5: House, March 4, 1794, ¶ 5 (House1794.Mar4.5)

The resolution of the Senate, containing the said proposed article of amendment, was then read the third time, as follows:

6: House, March 4, 1794, ¶ 6 (House1794.Mar4.6)

“ Resolved, by the Senate and House of Representatives of the United States of America, in ess 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, which, when ratified by threefourths of the said Legislatures, shall be valid as part of the said Constitution, viz :

7: House, March 4, 1794, ¶ 7 (House1794.Mar4.7)

“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 citizens of another State, or by citizens or subjects of any foreign State :”

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8: House, March 4, 1794, ¶ 8 (House1794.Mar4.8)

And on the question, that this House doth concur with the Senate in the said proposed article of amendment to the Constitution of the United States, it was resolved in the affirmative—yeas 81, nays 9, as follows:

9: House, March 4, 1794, ¶ 9 (House1794.Mar4.9)

Yeras.—Fisher Ames, Theodorus Bailey, Abraham Baldwin, Thomas Blount, Shearjashub Bourne, Benjamin Bourne, Lambert Cadwalader, Thomas P. Carnes, Gabriel Christie, Thomas Claiborne, David Cobb, Peleg Coffin, Joshua Coit, Isaac Coles, William J. Dawson, Henry Dearborn, George Dent, Samuel Dexter, William Findley, Dwight Foster, Ezekiel Gilbert, William B. Giles, James Gillespie, Nicholas Gilman, Henry Glenn, Benjamin Goodhue, James Gordon, William Barry Grove, Carter B. Harrison, John Heath, Daniel Heister, James Hillhouse, Samuel Holten, John Hunter, William Irvine, Henry Latimer, Amasa Learned, Richard Bland Lee, Matthew Locke, William Lyman, Nathaniel Macon, James Madison, Francis Malbone, Joseph McDowell, Alexander Mebane, William Mont- ‘gomery, Andrew Moore, Peter Muhlenberg, William Vans Murray, Joseph Neville, Anthony New, John Nicholas, Nathaniel Niles, John Page, Josiah Parker, Francis Preston, Robert Rutherford, Theodore Sedgwick, John S. Sherburne, John Smilie, Jeremiah Smith, Israel Smith, Samuel Smith, William Smith, Thomas Sprigg, Zephaniah Swift, George Thatcher, Uriah T'racy, Thomas Tredwell, Jonathan Trumbull, John E. Van Allen, Philip Van Cortlandt, Peter Van Gaasbeck, Abraham Venable, Peleg Wadsworth, Francis Walker, John Watts, Benjamin Williams, Paine Wingate, Richard Winn, and Joseph Winston.

10: House, March 4, 1794, ¶ 10 (House1794.Mar4.10)

Nays.—John Beatty, Elias Boudinot, Thomas Fitzsimons, George Hancock, William Hindman, Andrew Pickens, Thomas Scott, Silas Talbot, and Artemas Ward.

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