GIFT OF
THOMAS RUTHERFORD BACON
AL LIBRARY
PAPERS AND REFERENCES
TO ACCOMPANY
LECTURES
Formation of the Federal Constitution
WILLIAM CAREY JONES
UNIVERSITY OF CALIFORNIA
BERKELEY, CALIFORNIA
1889
COPYRIGHT BY
WILLIAM CAREY JONES
284712
VIRGINIA'S INVITATION.
Bancroft, Formation of the Constitution, i. 249-253, 266 ;
Curtis, History of the Constitution, i. 341-346;
Rives' Madison, ii. 57-69, 97-103 ;
Letters of the Tylers, i. 128-134;
Elliot, Debates, v. 112-114.
ANNAPOLIS CONVENTION.
H. C. Lodge says: " This convention was sparsely attended.
Its only result was this address, which was much weakened to
suit Edmund Randolph [Rives, ii. 128], and was not at all up to
Hamilton's standard. It, however, did its work and produced
the Philadelphia Convention."
HAMILTON'S WORKS, i. 319.
Bancroft, i. 267-278 ;
Curtis, i. 347-379 ;
Rives, ii. 126-130, 132-138, 208-312;
Elliot, v. 114-121.
VIRGINIA'S INVITATION TO A TRADE CONVENTION,
JANUARY 21, 1786.
Resolved, That Edmund Randolph, James Madison, Jun., Wal-
ter Jones, St. George Tucker, Meriwether Smith, David Ross,
William Ronald, and George Mason, Esquires, be appointed com-
missioners who, or any five of whom, shall meet such commis-
sioners as may be appointed by the other States in the Union,
at a time and place to be agreed upon, to take into consideration
the trade of the United States ; to examine the relative situation
and trade of the said States; to consider how far a uniform system
in their commercial regulations may be necessary to their common
interest and their permanent harmony ; and to report to the several
States such an act relative to this great object as, when unani-
mously ratified by them, will enable the United States in
Congress assembled effectually to provide for the same ; that the
said commissioners shall immediately transmit to the several
States copies of the preceding resolution, with a circular letter
requesting their concurrence therein, and proposing a time and
place for the meeting aforesaid.
ELLIOT, i. 115, v. 113.
ANNAPOLIS CONVENTION: REPORT.
To the Honorable, the Legislatures of Virginia, Delaware, Penn-
sylvania, New Jersey, and New York, the commissioners from the
said States, respectively, assembled at Annapolis, humbly beg
leave to report : —
That, pursuant to their several appointments, they met in
Annapolis, in the State of Maryland, on the nth of September
instant; and having proceeded to a communication of their powers,
they fcmud that the States of New York, Pennsylvania, and Vir-
ginia had, in substance, and nearly in the same terms, author-
ized their respective commissioners ' ' to meet such commissioners
as were or might be appointed by the other States of the Union, at
such time and place as should be agreed upon by the said com-
missioners, to take into consideration the trade and commerce of
the United States ; to consider how far a uniform system in their
commercial intercourse and regulations might be necessary to their
common interest and permanent harmony ; and to report to the
several States such an act relative to this great object as, when
unanimously ratified by them, would enable the United States in
Congress assembled effectually to provide for the same."
That the State of Delaware had given similar powers to their
commissioners; with this difference only, that the act to be framed
in virtue of these powers is required to be reported ' ' to the United
States in Congress assembled, to be agreed to by them, and con-
firmed by the legislature of every State."
That the State of New Jersey had enlarged the object of their
appointment, empowering their commissioners "to consider how
far a uniform system in their commercial regulations, and other
important matters, might be necessary to the common interest and
permanent harmony of the several States ; ' ' and to report such
an act on the subject, as, when ratified by them, "would enable
the United States in Congress assembled effectually to provide
for the exigencies of the Union."
That appointments of commissioners have also been made by
the States of New Hampshire, Massachusetts, Rhode Island, and
North Carolina, none of whom, however, have attended ; but that
no information has been received by your commissioners of any
appointment having been made by the States of Maryland, Con-
necticut, South Carolina, or Georgia.
That, the express terms of the powers to your commissioners
supposing a deputation from all the States, and having for their
object the trade and commerce of the United States, your commis-
sioners did not conceive it advisable to proceed on the business of
their mission under the circumstance of so partial and defective a
representation.
Deeply impressed, howrever, with the magnitude and impor-
tance of the object confided to them on this occasion, your com-
missioners cannot forbear to indulge an expression of their earnest
and unanimous wish, that speedy measures may be taken to effect
a general meeting of the States in a future convention, for the
same and such other purposes as the situation of public affairs
may be found to require.
If, in expressing this wish, or in intimating any other senti-
ment, your commissioners should seem to exceed the strict bounds
of their appointment, they entertain a full confidence, that a con-
duct dictated by an anxiety for the welfare of the United States
will not fail to receive an indulgent construction.
In this persuasion your commissioners submit an opinion, that
the idea of extending the powers of their deputies to other objects
than those of commerce, which had been adopted by the State of
New Jersey, was an improvement on the original plan, and will
deserve to be incorporated into that of a future convention. They
are the more naturally led to this conclusion, as, iu the course of
their reflections on the subject, they have been induced to think
that the power of regulating trade is of such comprehensive extent,
and will enter so far into the general system of the federal govern-
ment, that, to give it efficacy, and to obviate questions and doubts
concerning its precise nature and limits, may require a corre-
spondent adjustment of other parts of the federal system.
That there are important defects in the system of the federal gov-
ernment, is acknowledged by the acts of all those States which have
concurred in the present meeting ; that the defects, upon a closer
examination, may be found greater and more numerous than even
these acts imply, is at least so far probable, from the embarrass-
ments which characterize the present state of our national affairs,
foreign and domestic, as may reasonably be supposed to merit a
deliberate and candid discussion, in some mode which will unite
the sentiments and councils of all the States. In the choice of
the mode, your commissioners are of opinion that a convention of
deputies from the different States, for the special and sole purpose
of entering into this investigation, and digesting a plan for sup-
plying such defects as may be discovered to exist, will be entitled
to a preference, from considerations which will occur without being
particularized.
Your commissioners decline an enumeration of those national
circumstances on which their opinion respecting the propriety of
a future convention, with more enlarged powers, is founded ; as it
would be a useless intrusion of facts and observations, most
of which have been frequently the subject of public discussion,
and none of which can have escaped the penetration of those
to whom they would in this instance be addressed. They are,
however, of a nature so serious, as, in the view of your commis-
sioners, to render the situation of the United States delicate and
critical, calling for an exertion of the united virtue and wisdom
of all the members of the Confederacy.
Under this impression, your commissioners, with the most
respectful deference, beg leave to suggest their unanimous convic-
tion that it may essentially tend to advance the interests of the
Union, if the States, by whom they have been respectively dele-
gated, would themselves concur, and use their endeavors to procure
the concurrence of the other States, in the appointment of com-
missioners, to meet at Philadelphia, on the second Monday of
May next, to take into consideration the situation of the United
States, to devise such further provisions as shall appear to them
necessary to render the constitution of the federal government
adequate to the exigencies of the Union ; and to report such an
act for that purpose to the United States in Congress assembled,
as, when agreed to by them, and afterwards confirmed by the
legislature of every State, will effectually provide for the same.
Though your commissioners could not with propriety address
these observations and sentiments to any but the States they have
the honor to represent, they have nevertheless concluded, from
motives of respect, to transmit copies of this report to the United
States in Congress assembled, and to the executives of the other
States.
By order of the Commissioners.
Dated at Annapolis, September 14, 1786.
ELLIOT, i. 117, v. 115.
HAMILTON'S WORKS (Lodge's edition), i. 319-322.
AUTHORIZATION OF A CONSTITUTIONAL
CONVENTION BY CONGRESS,
FEBRUARY 21, 1787.
Whereas there is provision, in the Articles of Confederation
and Perpetual Union, for making alterations therein, by the assent
of a Congress of the United States, and of the legislatures of the
several States; and whereas experience hath evinced that there
are defects in the present Confederation ; as a means to remedy
which several of the States, and particularly the State of New
York, by express instructions to their delegates in Congress, have
suggested a convention for the purposes expressed in the follow-
ing resolution; and such convention appearing be the most
probable means of establishing in these States a firm national
government :
Resolved, That, in the opinion of Congress, it is expedient that,
on the second Monday in May next, a convention of delegates,
who shall have been appointed by the several States, to be held
at Philadelphia, for the sole and express purpose of revising the
Articles of Confederation, and reporting to Congress and the
several legislatures such alterations and provisions therein as shall,
when agreed to in Congress, and confirmed by the States, render
the federal constitution adequate to the exigencies of government
and the preservation of the Union.
ELLIOT, i. 120.
THE FEDERAL CONVENTION.
Elliot, i. 120-128 ;
Bancroft, ii. 3-10;
Curtis, i. 362-375, 380-488 ; ii. chap. i.
Lalor's Cyclopaedia, i. 637-638.
The States were divided into the two groups following. The
figures are the estimates of population used in the Convention,
only three-fifths of the slaves being included in the enumeration
in the five Southern States. New Hampshire was not represented
until July 23. Rhode Island was never represented. New York
was not sufficiently represented after July 10 to take part in the
voting.
" Large" or " National."
Virginia 420,000
Massachusetts 360,000
Pennsylvania 360,000
North Carolina 200,000
South Carolina 150,000
Georgia 90,000
" Small " or " Federal.''
New York 238,000
Maryland 218,000
Connecticut 202,000
New Jersey 138,000
Delaware 37,000
(New Hampshire 102,000)
[Rhode Island 58,000]
THE VIRGINIA PLAN.
The Virginia Plan, embodying the views of Madison, was pre-
sented to Convention by Randolph, on behalf of Virginia
delegation, May 2.9.
Elliot, v. 126-128 ; Lalor, i. 638, 547 ;
Curtis, ii. 32-86 ; Conway's Randolph, chap, ix.;
Bancroft, ii. 4-14, 35, 36; Rives, ii. 3I3~342-
NOTE : In references which follow, B. indicates second
volume of Bancroft's History of the Formation of the Constitu-
tion, and E. indicates fifth volume of Elliot's Debates, being
Madison's minutes of the Convention.
1, Virginia — (May 30) postponed to consider 3, Morris, which is
agreed to, E. 132-134; B. 14-15.
2, Virginia — (May 30) postponed, E. 134-135 ; B. 15-16.
(Je 9-11) substitute, that right of suffrage ought not to
be according to Confederation, but according to represen-
tation, agreed to, E. 178-181.
That ratio of representation should be in proportion to
number of free inhabitants and three fifths of other persons,
(7, June 13), agreed to, E. 181.
That in second branch each State have one vote, dis-
agreed to, E. 181-182 ; B. 33.
That the right of suffrage should be the same in each
branch, (8, June 13), agreed to, E. 182 ; B. 33.
3, Virginia — (May 31) agreed to, E. 135 ; B. 16.
Becomes 2, June 13,
4, Virginia — (May 31) first branch to be elected by the people,
agreed to, E, i35-J37 ', B. 16-17.
(Je 6) amendment, that first branch be elected by
State legislatures, disagreed to, E. 160-164; B. 26-28.
(Je 8) motion, to arrange States in three classes, and allow
certain number of members to each class, E. 174.
Qualifications: (May 31) postponed, E. 137.
(Je 12) Term of three years, agreed to, E. 183-184;
B. 34- /
Age of years disagreed to, E. 184 ; B. 35.
A fixed compensation, etc., agreed to, E. 184-185.
Ineligible, agreed to, E. 185 ; B. 34.
Incapable of reelection, disagreed to, E. 185 ; B. 35.
Whole resolution becomes 3, June 13.
THE VIRGINIA PLAN.
1. That the Articles of Confederation ought to be so corrected
and enlarged as to accomplish the objects propose^_bv^their jnsti-
tution; namely, common^ defence. se£urity_Qf_lihej±y, and general
welfare.
2. That the right of suffrage, in the national legislature, ought
to be proportioned to the quotas of contribution, or to the num-
ber of free inhabitants, as the one or the other rule may seem
best in different cases.
3. That the national legislature ought to consist of two
branches.
4. That the members of the firsLJ3ra nph of the national legis-
lature ought to be elected by the people of the several States,
every , for the term of ; to be of the age of
years, at least ; to receive liberal stipends, by which
they may be compensated for the devotion of their time to the
public service ; to be ineligible to any office established by a par-
ticular State, or under the authority of the United States, (except
those peculiarly belonging to the functions of the first branch),
during the term of service and for the space of after its
expiration ; to be incapable of reelection for the space of
after the expiration of their term of service ; and to be subject to
recall.
5. That the members of the second branch of the national leg-
islature ought to be elected by those of the first, out of a proper
number of persons nominated by the individual legislatures; to be
of the age of years, at least ; to hold their offices for a
term sufficient to insure their independency ; to receive liberal
stipends, by which they may be compensated for the devotion of
their time to the public service ; and to be ineligible to any office
established by a particular State, or under the authority of the
United States, (except those peculiarly belonging to the functions
of the second branch), during the term of service and for the
space of. after the expiration thereof.
6. That eachJbrauch ought to possess the right of originating
acts ; that the national legislature ought to be empowered to enjoy
the legislative rights vested in Congress by the Confederation; and,
moreover, to legislate in all cases to which the separate States are
incompetent, or in which the harmony of the United States may
be interrupted by the exercise of individual legislation ; to negative
5, Virginia — Mode of election: (May 31) to be chosen by first
branch, disagreed to, E. 137-139; B. 16.
(Je 7) to be elected by the people in large districts,
disagreed to, E. 167-170.
To be appointed by national executive, disagreed to,
E. 167.
To be chosen by the State legislatures, agreed to, E. 166-
170 ; B. 29-31.
(Je 12) to be thirty years of age, agreed to, E. 186-187 ;
B. 35-
Term of seven years, agreed to, B. 35.
Entitled to no compensation, disagreed to, E. 187.
To have same qualifications as to compensation and
ineHgibility as members of the first branch, agreed to,
E. 187 ; B. 35.
Whole resolution becomes 4, June 13.
6, Virginia — (May 31) Each branch to originate laws, (5, June
13), agreed to, E. 139.
National legislature to have legislative powers of Con-
gress of Confederation, etc., down to last clause, (6, June
13), agreed to, E. 139; B. 17-18.
To exert force of Union against a State, postponed, E.
140 ; B. 19.
(Je 8) Reconsideration of power to negative State laws
contravening, etc., in order to extend power to general
negative, disagreed to, E. 170-174; B. 18-19.
(Je 13) amendment, to restrain second branch from
originating money bills, disagreed to, E. 188-189.
all laws passed by the several States, contravening, in the opinion
of the national legislature, the Articles of Union, or any treaty
subsisting under the authority of the Union ; and to call forth the
force of the Union against any member of the Union failing to
fulfil its duty under the articles thereof.
7. Tha': a national execuliyje be instituted, to be chosen by the
national legislature for the term of years; to receive
punctually, at stated times, a fixed compensation for the services
rendered, in which no increase or diminution shall be made, so as
to affect the magistracy existing at the time of the increase or
diminution ; to be ineligible a second time ; and that, besides a
general authority to execute the national laws, it ought to enjoy
the executive rights vested in Congress by the Confederation.
8. That the executive, and a convenient number of the national
judiciary, ought to compose a council ofjgvision, with authority
to examine every act of the national legislature, before it shall
operate, and every act of a particular legislature, before a negative
thereon shall be final ; and that the dissent of the said council
shall amount to a rejection, unless the act of the national legisla-
ture be again passed, or that of a particular legislature be again
negatived by of the members of each branch.
9. That a national judiciary be established to hold
their offices during good behavior, and to receive punctually, at
stated times, a fixed compensation for their services, in which no
increase or diminution shall be made, so as to affect the persons
actually in office at the time of such increase or diminution. That
the jurisdiction of the inferior tribunals shall be to hear and deter-
mine in the first instance, and of the supreme tribunal to hear and
determine in the dernier ressort, all piracies and felonies on the
seas ; captures from an enemy ; cases in which foreigners, or citi-
zens of other States, applying to such jurisdictions, may be inter-
ested, or which respect the collection of the national revenue ;
impeachments of any national officer ; and questions which involve
the national peace and harmony.
10. That provision ought to be made for the admission ^oj"
_§tates, lawfully arising within the limits of the United States,
whether from a voluntary junction of government or territory, or
otherwise, with the consent of a number of voices in the national
legislature less than the whole.
7, Virginia — B. 19-20.
(Je i) amendment, for last clause, to possess power to
execute national laws, and to appoint to offices not
otherwise provided for, agreed to, E. 141-142 ; B. 21.
Term of seven years, agreed to, E. 142-143.
To be chosen by national legislature, postponed, E. 142-
144 (Wilson's electoral motion, E. 143); B. 21-22.
(Je 2) agreed to, B. 22.
(Je 9) substitute, to be elected by executives of the
States, disagreed to, E. 174-175.
Compensation: amendment (Je 2), to receive no compen-
sation, but expenses to be defrayed, postponed, E. 144-147
(Franklin's speech).
Motion, that executive be removable on request of
majority of State legislatures, E. 147-149.
To be ineligible a second time, with amendment, to
be removable on impeachment, agreed to, E. 149 ; B.
23-24.
To consist of persons, postponed, E. 140-141, 149 ;
B. 20-21, 24.
(Je 4) amendment, a single person, agreed to, E. 1 50-
151 ; B. 25.
Whole resolution becomes 9, June 13.
8, Virginia — (Je 4) amendment (10, June 13), agreed to, E. 151-
155 ; B. 25.
(Je 6) reconsideration, to put in original form, disagreed
to, E. 155, 164-166.
9, Virginia — (Je 4) national judiciary to be established, agreed
to, E. 155; B. 25.
To consist of: amendment, one supreme, and inferior
tribunals, agreed to, E. 155; B. 26.
(Je 5) motion, to strike out "inferior tribunals, " agreed
to, E. 158-159; B. 26.
To give national legislature power to institute inferior
tribunals, agreed to, (12, June 13), E. 159-160.
(Je 5) to be chosen by national legislature, disagreed
to, E. i55-!56 J B- 29.
( Je 1 3) to be appointed by the second branch of the
legislature, agreed to, (n, June, 13), E. 156.
(Je 5) term of good behavior, and fixed compensation,
agreed to, (u, June 13), E. 156.
(Je 4) jurisdiction, postponed, E. 156.
(Je 12-13) substitute, (13, June 13), agreed to, E. 187-
188 ; B. 26.
10, Virginia— (Je 5) agreed to, (14, June 13), E. 156-157.
n, Virginia — (Je ^postponed, E. 157.
(Je n) amendment, (16, June 13), agreed to, E. 182 ;
B. 33-34-
12, Virginia— (Je 5) agreed to, (15, June 13), E. 157.
13, Virginia— (Je 5) postponed, E. 157.
(Je n) amendment, "without requiring assent of
national legislature," postponed; rest of resolution,
agreed to, (17, June 13), E. 182; B. 34.
14, Virginia — (Je ^postponed, E. 187.
(Je n) agreed to, (18, June 13), E. 182-183 ; B. 34.
15, Virginia— (Je ^postponed, E. 157-158.
(Je 12) agreed to, (19, June 13), E. 183 ; B. 34.
ii. That a republican government, and the territory of each
State, (except in the instance of a voluntary junction of govern-
ment and territory), ought to be guaranteed by the UnitecLStates
to each
12. That provision ought to be made for the continuance of _
Congress^and their authorities and privileges, until a given day,
after the reform of the Articles of Union shall be adopted, and for
the completion of all their engagements.
13. That provision ought to be made for the amendment of the
Articles of Union, whensoever it shall seem necessary ; and that
the assent of the national legislature ought not to be required
thereto.
14. That the legislative, executive, and judiciary powers within
the several States ought to be bounidby^oath to support the Articles
of Union.
15. That the amendments, which shall be offered to the Confed-
eration by the Convention, ought, at a proper time or times, after
the approbation of Congress, to be submitted to an assembly or
assemblies of representatives, recommended by the several legisla-
tures, to be expressly chosen by the people to consider and decide
thereon.
PROPOSITIONS OFFERED BY GOUV. MORRIS,
MAY 30.
1 . That a union of the States merely federal will not accomplish
the objects proposed by the Articles of Confederation, namely,
common defence, security of liberty, and general welfare.
2. That no treaty or treaties among the whole or part of the
States, as individual sovereignties, would be sufficient.
3. That a national government ought to be established, consisting
of a supreme legislative, executive, and judiciary.
REPORT OF JUNE 13-
E. 212-376; B. 47-96; Curtis, ii. 116—190; Lalor, i.
639, 548.
1, June 13— (Je 19-20) amendment, so as to establish government
of the "United States," agreed to, E. 212-214 ; B. 47-53.
Resolution becomes i, July 26.
2, June 13 — (Je 20-21) E. 214-223.
Amendment, to strike out "national," agreed to.
To declare legislation vested in Congress, disagreed to,
E. 220 ; B. 52-53.
Resolution as amended, agreed to, (2, July 26), E. 223 ;
B. 53-54-
3, June 13 — (Je 21) amendment, that election of first branch be
as State legislatures direct, disagreed to, E. 223-224.
To be elected by the people, agreed to, E. 224.
That term be two years, agreed to, E. 224-226.
(Je 22) compensation to be fixed by national legis-
lature, disagreed to, E. 227.
Amendment, to strike out, "payment from the national
treasury," disagreed to, E. 228.
That compensation be fixed, agreed to.
That members be twenty-five years of age, agreed to,
E. 228-229.
To strike out ineligibility, disagreed to, E. 229.
(Je 23) to strike out ineligibility to State offices,
agreed to, E. 230.
Amendment, to confine ineligibility to such national
offices as had been established or had had their emoluments
increased during their term, disagreed to, E. 230-233.
Amendment, to confine ineligibility to one year after
expiration of term, disagreed to, E. 233.
(Jy 26) to require qualification of property and citizen-
ship, agreed to, E. 370-372.
Resolution becomes 3, July 26.
REPORT OF THE COMMITTEE OF THE WHOLE,
JUNE 13.
1. That it is the opinion of this committee, that a national
government ought to be established, consisting of a supreme legis-
lative, executive, and judiciary.
2. Same as 3 Virginia.
3. That the members of the first branch of the national legisla-
ture ought to be elected by the people of the several States for the
term of three years ; to receive fixed stipends by which they may
be compensated for the devotion of their time to the public sendee,
to be paid out of the national treasury ; to be ineligible to any
office established by a particular State, or under the authority of
the United States, (except those peculiarly belonging to the
functions of the first branch), during the term of service, and,
under the national government, for the space of one year after its
expiration.
4. That the members of the second branch of the national legis-
lature ought to be chosen by the individual legislatures ; to be of
the age of thirty years at least ; to hold their offices for a term
sufficient to insure their independence, namely, seven years ; to
receive fixed stipends by which they may be compensated for the
devotion of their time to the public service, to be paid out of the
national treasury; to be ineligible, etc., (as in j).
5. Same as first clause of 6 Virginia.
6. Same as 6 Virginia, omitting first clause, and last clause :
"and to call forth, etc."
7. That the right of suffrage in the first branch of the national
legislature ought not to be according to the rule established in the
Articles of Confederation, but according to some equitable ratio of
representation ; namely, in proportion to the whole number of
white and other free citizens and inhabitants, of every age, sex,
and condition, including those bound to servitude for a term of
years, and three-fifths of all other persons, not comprehended in
the foregoing description, except Indians not paying taxes, in each
State.
8. That the right of suffrage in the second branch of the national
legislature ought to be according to the rule established for the
first.
4, June 13— E. 233-248.
(Je 25) to be chosen by State legislatures, agreed to,
E. 240 ; B. 54-56.
Term : Six or five years, disagreed to, E. 241 ; nine
years, disagreed to, E. 245 ; B. 56 ; six years, agreed to,
E. 245 ; B. 57.
Age : thirty years, agreed to, E. 241.
Compensation : to strike out, disagreed to, E. 246.
To be paid by the States, disagreed to, E. 246-247.
To be paid from national treasury, disagreed to, E.
247.
Ineligibility : to State offices, disagreed to, E. 248.
To Federal offices, agreed to, E. 247.
(Jy 26) to require qualification of property and citizen-
ship, agreed to, E. 370-372.
Resolution becomes 4, July 26.
5, June 13 — (Je 27) agreed to, (5, July 26), E. 248.
6, June 13 — (Je 27) defining powers of legislation, postponed,
E. 248.
(Jy 16-17) power of negativing State laws, disagreed
to, and resolution adopted as in 6, July 26, E. 316-320,
321-322; B. 90.
7, June 13 — (Je 27-29) to give equal suffrage in first branch,
disagreed to, E. 248-259.
7 and 8, June 13 — (Je 29 to Jy 16) E. 260-316.
(Je 29) to give each State equal suffrage in first branch,
disagreed to, E. 259; B. 57-61.
(Je 29 to Jy 2) to give equal suffrage in second
branch, disagreed to, E. 261-269 '•> B. 62-66.
(Jy 2) to refer question of suffrage in both branches to
Committee, agreed to, E. 270-273 ; B. 67.
(Jy 5) Report of Committee, E. 274 ; report discussed,
E. 264-279 ; B. 68-70 ; Elliot, i. 479, 358.
(Jy 6) representation of one for every forty thousand,
referred to Committee of Five, E. 280-281 ; B. 70.
Provision as to money bills, agreed to, E. 282-285.
(Jy 7) equal suffrage in second branch, agreed to, E.
285-287 ; B. 71.
(Jy 9) Report of Committee of Five, E. 288 ; B. 71.
Second paragraph, agreed to, E. 288. First paragraph,
referred to Committee of Eleven, E. 288-290.
(Jy 10) Report of Committee of Eleven, changing
number of representatives from fifty-six to sixty-five,
agreed to, E. 290-293 ; B. 72-74.
(Jy 10-11) Census and representation of free inhabitants
taken every fifteen years, agreed to, E. 293-300.
To include three-fifths of the negroes, disagreed to, E.
295-301 ; B. 74ff. Whole clause rejected, E. 302.
(Jy 12) representation and direct taxation to be in
same proportion, agreed to, E. 302 ; B. 83.
Census: within six years and every ten 3^ears, and
according to whole number of inhabitants, rating negroes
at three-fifths, agreed to, E. 303-306 ; B. 8off.
(Jy r3) until first census, proportion of representa-
tives and moneys raised from a State to be same, agreed
to, E. 306-307.
Amendment heretofore made regulating future repre-
. sentation on principle of wealth, stricken out, E. 307-309.
(Jy 14) representatives from new States never to exceed
those of present States, disagreed to, E. 310 ; B. 79-81.
Second branch to consist of thirty-six members, dis-
agreed to, E. 310-316.
(Jy 23) two S2nators from each State to vote per
capita, agreed to, E. 311, 356-367 ; B. 86-88.
Seventh and eighth resolutions, as amended, agreed to,
(8, 9, 10, n, 22, July 26), E. 316.
June 13— (Jy 17) Executive, E. 322-327, 334~344, 357.
358-370.
Mode of election : (Jy 17) by the people, disagreed to, E.
322-324.
By electors appointed by the State legislatures, dis-
agreed to, E. 324. (Jy 19) agreed to, E. 338.
(Jy 20) number of electors to be regulated by number
of representatives, agreed to, 339-340.
Electors not to be national officers nor' eligible for
executive, agreed to, E. 343.
Qy 21) electors to be paid out of the national treasury,
agreed to, E. 344.
(Jy 17 and 24) By national legislature, agreed to, E.
324, 357> 358-359-
By electors taken by lot from the national legislature,
postponed, E. 362.
(Jy 25) By electors appointed by State legislatures
where actual executive is ineligible, otherwise by national
legislature, E. 363-365-
By State governors and thsir councils, not passed.
Term : during good behavior, disagreed to, E. 325-327.
To strike out seven years, agreed to, E. 327.
(Jy J9) Six years, agreed to, E. 338-339.
(Jy 26) Seven years and not reeligible, agreed to, E.
368-369.
Reeligibility: (Jy 17) to strike out "ineligible," agreed
to, E. 325.
(Jy Z9) That he be ineligible, disagreed to, E. 334-338.
(Jy 25) That no person be eligible to more than six
years in twelve, disagreed to, E. 365-368.
(Jy 26) term of seven years and not reeligible, agreed
to, E. 368-369-
Impeachment : (Jy 20) to strike out provision, disagreed
to, E. 340-343-
Compensation : fixed and from national treasury, agreed
to, E. 343.
Resolution becomes 9, July 26.
io, June 13— (Jy 18), agreed to, 13, July 26, E. 328.
(Jy 21), amendment, that national judiciary be associated
with executive in veto power, disagreed to, E. 344-349.
n, June 13 — (Jy 18) Supreme judges to be appointed by execu-
tive, disagreed to, E. 328-330.
(Jy r 8 and 21) nominated and appointed by executive
with consent of two-thirds of the second branch, disagreed
to, E. 330, 349-351 ; B. 92.
(Jy 1 8) amendment, compensation not to be diminished
while in office, agreed to, E. 330-331.
Other clauses, agreed to, nem. con.
Resolution becomes 14, July 26.
12, June 13— (Jy 18) agreed to, 15, July 26, E. 331 ; B. 92.
13, June 13 — (Jy 18) amendment, to strikeout power of impeach-
ment of national officers, agreed to, E. 332 ; B. 93.
Amendment, that their power extend, etc., as in 1 6, July
26, agreed to, E. 332 ; B. 93.
14, June 13— (Jy 18) agreed to, 17, July 26, E. 332.
15, June 13— (Jy 18) disagreed to, E. 332.
16, June 13 — (Jy 18) amended and adopted, as in 18, July 26, E.
332-333-
17, June 13— (Jy 23) agreed to, 19, July 26, E. 351.
18, June 13— (Jy 23) agreed to, 20, July 26, E, 351, 352.
19, June 13 — (Jy 23) amendment, to refer Constitution to State
legislatures, disagreed to, E. 352-356 ; B. 93.
To refer it to a second Federal Convention, disagreed to,
E. 356.
Resolution, agreed to, 21, July 26, E. 356 ; B. 93-95.
9. That a national executive ought to be instituted, to consist of
a single person ; to be chosen by the national legislature, for the
term of seven years; with power to carry into execution the
national laws, to appoint to offices in cases not otherwise provided
for, to be ineligible a second time, and to be removable on impeach-
ment and conviction of malpractices or neglect of duty; to receive
a fixed stipend by which he may be compensated for the devotion
of his time to the public service, to be paid out of the national
treasury.
10. That the national executive shall have a right to negative
any legislative act which shall not be afterwards passed by two-
thirds of each branch of the national legislature.
11. That a national judiciary be established, to consist of one
supreme tribunal, the judges of which shall be appointed by the
second branch of the national legislature, to hold their offices
during good behavior, and to receive punctually, at stated times,
a fixed compensation for their services in which no increase or
diminution shall be made so as to affect the persons actually in
office at the time of such increase or diminution.
12. That the national legislature be empowered to appoint
inferior tribunals.
13. That the jurisdiction of the national judiciary shall extend
to all cases which respect the collection of the national revenue,
impeachments of any national officer, and questions which involve
the national peace and harmony.
14. Same as 10 Virginia.
15. Same as 12 Virginia.
1 6. That a republican constitution, and its existing laws, ought
to be guaranteed to each State by the United States.
17. That provision ought to be made for the amendment of the
Articles of Union, whensoever it shall seem necessary.
1 8. Same as 14 Virginia.
19. Same as 15 Virginia.
JERSEY PLAN.
"This plan had been concerted among the deputations, or
members thereof, from Connecticut, New York, New Jersey,
Delaware, and perhaps Mr. Martin, from Maryland, who made with
them a common cause, though on different principles. Connecti-
cut and New York were against a departure from the principle
of the Confederation, wishing rather to add a few new powers to
Congress than to substitute a national government. The States of
New Jersey and Delaware were opposed to a national govern-
ment, because its patrons considered a proportional representation
of the States as the basis of it. The eagerness displayed by the
members opposed to a national government, from these different
motives, now began to produce serious anxiety for the result
of the Convention." Note by Madison, Elliot, v. 191.
Bancroft says that New York and Connecticut are wrongly
classed together here. ' ' In conduct and intention the delegates
of Connecticut were very unlike Yates and L,ansing. ' ' Bancroft,
ii. 38, note.
Bancroft, ii. 38-43, 46 ;
Elliot, v. 193-199, 206-211 (Madison's analysis) ;
Curtis, ii. 92-93, 106-109;
Lalor, i. 639, 547.
JERSEY PLAN, OFFERED JUNE 15.
1. That the Articles of Confederation ought to be revised, cor-
rected, and enlarged, so as to render the Federal Constitution
adequate to the exigencies of the Union.
2. That, in addition to the powers vested in the United States
in Congress, by the present existing Articles of Confederation,
they be authorized to pass acts for raising a revenue, by levying a
duty or duties on all goods and merchandise of foreign growth or
manufacture, imported into any part of the United States ; by
stamps on paper, vellum, or parchment ; and by a postage on all
letters and packages passing through the general postoffice, —
to be applied to such federal purposes as they shall deem proper
and expedient ; to make rules and regulations for the collection
thereof ; and the same, from time to time, to alter and amend, in
such manner as they shall think proper. To pass acts for the
regulation of trade and commerce, as well with foreign nations as
with each other ; provided, that all punishments, fines, forfeitures,
and penalties, to be incurred for contravening such rules and regu-
lations, shall be adjudged by the common-law judiciary of the
States in which any offence contrary to the true intent and meaning
of such rules and regulations shall be committed or perpetrated ;
with liberty of commencing, in the first instance, all suits or prose-
cutions for that purpose in the superior common-law judiciary of
such State ; subject, nevertheless, to an appeal for the correction
of all errors both in law and fact, in rendering judgment, to the
judiciary of the United States.
3. That, whenever requisitions shall be necessary, instead of the
present rules, the United States in Congress be authorized to make
such requisitions in proportion to the whole number of white and
other free citizens and inhabitants, of every age, sex, and condition,
including those bound to servitude for a term of years, and three-
fifths of all other persons not comprehended in the foregoing
description, except Indians not paying taxes ; that, if such requi-
sitions be not complied with in the time to be specified therein,
to direct the collection thereof in the non-complying States ; and
for that purpose to devise and pass acts directing and authorizing
the same ; provided, that none of the powers hereby vested in the
United States in Congress shall be exercised without the consent of
at least States; and in that proportion, if the number of
confederated States should be hereafter increased or diminished.
A
4. That the United States in Congress be authorized to elect a
federal executive to consist of. persons^ to continue in office
for a term of years; to receive punctually, at stated times,
a fixed compensation for the services by them rendered, in which
no increase or diminution shall be made, so as to affect the persons
composing the executive at the time of such increase or diminution ;
to be paid out of the federal treasury ; to be incapable of holding
any other office or appointment during their time of service, and
for years thereafter ; to be ineligible g=gegonrl time, and
removable on conviction for malpractices or neglect of duty, by
Congress, on application by a majority of the executives of the
several States. That the executive, besides a general authority
to execute the federal acts, ought to appoint all federal officers not
otherwise provided for, and to direct all military operations ; pro-
vided, that none of the persons composing the federal executive
shall, on any occasion, take command of any troops, so as per-
sonally to conduct any military enterprise as general, or in any
other capacity.
5. That a federal judiciary be established, to consist of a supreme
tribunal, the judges of which to be appointed by the executive,
and to hold their offices during good behavior; to receive punctually,
at stated times, a fixed compensation for their services, in which no
increase or diminution shall be made, so as to affect the persons
actually in office at the time of such increase or diminution. That
the judiciary, so established, shall have authority to hear and
determine, in the first instance, on all impeachments of federal
officers ; and by way of appeal, in the dernier ressort, in all cases
touching the rights and privileges of ambassadors ; in all cases of
captures from an enemy ; in all cases of piracies and felonies on
the high seas ; in all cases in which foreigners may be interested,
in the construction of any treaty or treaties, or which may arise
on any act or ordinance of Congress for the regulation of trade,
or the collection of the federal revenue. That none of the judiciary
officers shall, during the term they remain in office, be capable of
receiving or holding any other office or appointment during their
term ot service, or for thereafter.
6. That the legislative, executive, and judiciary powers, within
the several States, ought to be bound, by oath, to support the
Articles of Union.
7. That all acts of the United States in Congress assembled,
made by virtue and in pursuance of the powers hereby vested in
them and by the Articles of Confederation, and all treaties made
and ratified under the authority of the United States, shall be the
supreme law of the respective States, as far as those acts or
treaties shall relate to the said States, or their citizens ; and that
the judiciaries of the several States shall be bound therebj'' in
their decisions, anything in the respective laws of the individual
States to the contrary notwithstanding.
And if any State, or any body of men in any State, shall op-
pose or prevent the carrying into execution such acts and treaties,
the federal executive shall be authorized to call forth the powers
of the Confederated States, or so much thereof as may be neces-
sary, to enforce and compel obedience to such acts, or an observ-
ance of such treaties.
8. That provision ought to be made for the admission of new
States into the Union.
9. That provision ought to be made for hearing and deciding
upon all disputes arising between the United States and an in-
dividual State, respecting territory.
10. That the rule for naturalization ought to be the same in
every State.
n. That a citizen of one State, committing an offence in an-
other State, shall be deemed guilty of the same offence as if it had
been committed by a citizen of the State in which the offence
was committed.
HAMILTON'S PLAN.
On June 18 Hamilton made an elaborate speech before the
Convention, commenting on the Virginia and Jersey Plans, and
discussing the principles of government. In the course of his
speech he presented this sketch of a Plan as embodying his
views. He did not expect it to find acceptance on the part of
the Convention.
He also later prepared a much more elaborate form of a Consti-
tution, a copy of which he gave to Madison.
The sketch Plan is found in Elliot, i. 179, v. 205 ; in Lodge's
edition of Hamilton's Works, i. 331.
The form of a Constitution is found in Elliot, v. 584-590 ; in
Hamilton's Works, i. 334-352.
Lodge has a note on the Plans, in Works, i. 351-353 ; and the
whole subject, including a collection of all minutes of Hamilton's
speeches and remarks in the Convention, is treated in Works, i.
331-400.
Madison gives six pages to an abstract of Hamilton's speech of
June 1 8, Elliot, v. 199-204.
Bancroft, ii. 42-46;
Curtis, 94-106, 110-115.
HAMILTON'S PLAN.
1. The supreme legislative power of the United States of
America to be vested in two distinct bodies of men, the one to be
called the Assembly, the other the Senate, who, together, shall
form the legislature of the United States, with power to pass all
laws whatsoever, subject to the negative hereafter mentioned.
2. The Assembly to consist of persons elected by the people,
to serve for three years.
3. The Senate to consist of persons elected to serve during
good behavior ; their election to be made by electors chosen for
that purpose by the people. In order to do this, the States to be
divided into election districts. On the death, removal, or resigna-
tion of any senator, his place to be filled out of the district from
which he came.
4. The supreme executive authority of the United States to be
vested in a governor, to be elected to serve during good behavior.
His election to be made by electors, chosen by electors, chosen
by the people in the election districts aforesaid. His authorities
and functions to be as follows : —
To have a negative upon all laws about to be passed, and the
execution of all laws passed ; to have the entire direction of war,
when authorized or begun ; to have, with the advice and ap-
probation of the Senate, the power of making all treaties ; to have
the sole appointment of the heads or chief officers of the depart-
ments of finance, war, and foreign affairs ; to have the nomina-
tion of all other officers (ambassadors of foreign nations included),
subject to the approbation or rejection of the Senate ; to have the
power of pardoning all offences except treason, which he shall
not pardon without the approbation of the Senate.
5. On the death, resignation, or removal of the governor, his
authorities to be exercised by the president of the Senate, until a
successor be appointed.
6. The Senate to have the sole power of declaring war ; the
power of advising and approving all treaties ; the power of
approving or rejecting all appointments of officers, except the
heads or chiefs of the departments of finance, war, and foreign
affairs.
7. The supreme judicial authority of the United States to be
vested in ... judges, to hold their offices during good
behavior, with adequate and permanent salaries. This court to
have original jurisdiction in all cases of captures, and an appellate
17
SHERMAN'S PROPOSITIONS.
"It appears that Mr. Sherman discovered, at an early date,
many radical defects in the old Confederation, although he was a
member of the committee by which it had been framed. A manu-
script left among his papers, and containing a series of propo-
sitions prepared by him for the amendment of the old Articles of
Confederation, the greater part of which are incorporated, in
substance, in the new Constitution, displays the important part
which he acted in the general Convention of 1787." Sanderson's
Lives of the Signers, iii. 270.
" The project which in importance stands next to that of
Virginia is the series of propositions of Connecticut. ... It was
framed . . . before 19 June, and probably soon after the
arrival of Sherman in Philadelphia .... It may be that
Sherman drew the paper ; but one of the articles corresponds with
the sixth recommendation of a committee on which Ellsworth
served with Randolph in 1781 ; and is very similar to a proposi-
tion made 1786 by a sub-committee of which Johnson was a mem-
ber ; and another, the sixth, does no more than adopt the report
of a committee of which Ellsworth was a member with Hamilton
and Madison in 1783. As to the introduction of the Connecticut
articles into the Constitution, it is hard to say whether Sherman or
Ellsworth was the greatest hater of paper money." Bancroft, ii.
36-37-
On the Connecticut delegates, see: Bancroft, ii. 48-51.
On the Connecticut Compromise, see:
Bancroft, ii. 47-67 ;
Curtis, ii. 145-168 ;
Lalor, i. 547-548 ;
Johnston's Connecticut, chap. xvii.
jurisidiction in all cases in which the revenues of the general
government, or the citizens of foreign nations, are concerned.
8. The legislature of the United States to have power to insti-
tute courts in each State, for the determination of all matters of
general concern.
9. The governors, senators, and all officers of the United
States to be liable to impeachment for mal and corrupt conduct ;
and, upon conviction, to be removed from office, and disqualified
for holding any place of trust or profit. All impeachments to be
tried by a court, to consist of the chief, or senior judge of the
superior court of law, in each State ; provided, that such judge
shall hold his place during good behavior, and have a permanent
salary.
10. All laws of the particular States, contrary to the laws or
constitution of the United States, to be utterly void. And the
better to prevent such laws being passed, the governor or presi-
dent of each State shall be appointed by the general government,
and shall have a negative upon the laws about to be passed in
any State of which he is governor or president.
1 1 . No State to have any forces, land or naval ; and the militia
of all the States to be under the sole and exclusive direction of
the United States ; the officers of which to be appointed and
commissioned by them.
SHERMAN'S PROPOSITIONS.
That, in addition to the legislative powers vested in Congress
by the Articles of Confederation, the" legislature of the United
States be authorized to make laws to regulate the commerce of the
United States with foreign nations, and among the several States
in the Union ; to impose duties on foreign goods and commodities
imported into the United States, and on papers passing through
the postoffice, for raising a revenue, and to regulate the collection
thereof, and apply the same to the payment of the debts due from
the United States, and for supporting the government, and other
necessary charges of the Union.
To make laws binding on the people of the United States, and
on the courts of law, and other magistrates and officers, civil and
military, within the several States, in all cases which concern the
common interests of the United States ; but not to interfere with
the government of the individual States, in matters of internal
police which respect the government of such States only, and
wherein the general welfare of the United States is not affected.
That the laws of the United States ought, as far as may be con-
sistent with the common interests of the Union, to be carried into
execution by the judiciary and executive officers of the respective
States, wherein the execution thereof is required.
That the legislature of the United States be authorized to insti-
tute one supreme tribunal, and such other tribunals as they may
judge necessary for the purpose aforesaid, and ascertain their
respective powers and jurisdiction.
That the legislatures of the individual States ought not to
possess a right to emit bills of credit for a currency, or to make
any tender laws for the payment or discharge of debts or contracts,
in any manner different from the agreement of the parties, unless
for payment of the value of the thing contracted for, in current
money agreeable to the standard that shall be allowed by the
legislature of the United States, or in any manner to obstruct or
impede the recovery of debts, whereby the interests of foreigners,
or the citizens of any other State, may be affected.
That the eighth Article of the Confederation ought to be
amended, agreeably to the recommendation of Congress of the
(i8th) day of (April, 1783).
That, if any State shall neglect or refuse to furnish its quota of
supplies, upon requisition made by the legislature of the • United
States, agreeably to the Articles of the Union, that the said legis-
lature be authorized to order the same to be levied and collected
of the inhabitants of such State, and to make such rules and
orders as may be necessary for that purpose.
That the legislature of the United States have power to make
laws for calling forth such aid from the people, from time to time,
as may be necessary to assist the civil officers in the execution of
the laws of the United States ; and annex suitable penalties in
case of disobedience.
That no person shall be liable to be tried for any penal offence,
committed within any of the United States, in any other State
than that wherein the offence shall be committed, nor be deprived
of the privilege of trial by a jury, by virtue of any law of the
United States.
SANDERSON'S LIVES OF THE SIGNERS, iii. 270-273.
REPORT OF SPECIAL COMMITTEE OF ELEVEN,
JULY 5.
The committee to whom was referred the eighth resolution of
the report from the Committee of the Whole House, and so much
of the seventh as had not been decided on, submit the following
report : —
That the subsequent propositions be recommended to the Con-
vention on condition that both shall be generally adopted :
1. That, in the first branch of the legislature, each of the
States now in the Union shall be allowed one member for every
forty thousand inhabitants, of the description reported in the
seventh resolution of the Committee of the Whole House ; that
each State not containing that number shall be allowed one mem-
ber ; that all bills for raising or appropriating money, and for
fixing the salaries of the officers of the government of the United
States, shall originate in the first branch of the legislature, and
shall not be altered or amended by the second branch ; and that
no money shall be drawn from the public treasury but in pursu-
ance of appropriations to be originated in the first branch.
2. That, in the second branch, each State shall have an equal
vote.
REPORT OF SPECIAL COMMITTEE OF FIVE,
JULY 9.
The committee to whom was referred the first clause of the
first proposition reported from the grand committee, beg leave to
report :
That, in the first meeting of the legislature, the first branch
thereof consist of fifty-six members, of which number N. H. shall
have 2, Mass. 7, R. I. i, Ct. 4, N. Y. 5, N. J. 3, Pa. 8, Del. i,
Md. 4, Va. 9, N. C. 5, S. C. 5, Ga. 2.
But, as the present situation of the States may probably alter,
as well in point of wealth as in the number of their inhabitants,
that the legislature be authorized from time to time to augment
the number of representatives. And in case any of the States
shall hereafter be divided, or any two or more States united, or
any new States created within the limits of the United States,
the legislature shall possess authority to regulate the number of
representatives, in any of the foregoing cases, upon the principles
of their wealth and number of inhabitants.
RESOLUTIONS OF THE CONVENTION,
REFERRED TO A COMMITTEE OF DETAIL, JULY 26.
1 . That the government of the United States ought to consist
of a supreme legislative, executive, and judiciary.
2. That the legislature consist of two branches.
3. Same as 3, June 13, substantially ; "two" substituted for
"three," ineligibility to State offices omitted, and age put at
"twenty-five years."
4. Same as 4, June 13, substantially ; "six" substituted for
"seven" as term ; and ineligibility to State offices and "paid out
of the public treasury" omitted.
5. Same as 5, June 13.
6. That the national legislature ought to possess the legislative
rights vested in Congress by the Confederation ; and, moreover,
to legislate in all cases for the general interests of the Union, and
also in those to which the States are separately incompetent, or
in which the harmony of the United States may be interrupted
by the exercise of individual legislation.
7. Same as 6, Jersey, omitting last clause : "and that if any
State," etc.
8. That, in the original formation of the legislature of the
United States, the first branch thereof shall consist of sixty -five
members, of which number N. H. shall send 3 ; Mass., 8 ; R. I.,
i ; Ct., 5 ; N, Y., 6 ; N. J., 4 ; Pa., 8 ; Del., i ; Md., 6 ; Va.,
10 ; N. C., 5; S. C., 5; Ga., 3.
But, as the present situation of the States may probably alter
in the number of their inhabitants, the legislature of the United
States shall be authorized, from time to time, to apportion the
number of representatives ; and in case any of the States shall
hereafter be divided, or enlarged by addition of territory, or any
two or more States united, or any new States created within the
limits of the United States, the legislature of the United States
shall possess the authority to regulate the number of representa-
tives, in any of the foregoing cases, upon the principle of their
number of inhabitants, according to the provisions hereinafter
mentioned, namely : Provided, always, that representation
ought to be proportioned to direct taxation. And, in order to
ascertain the alteration in the direct taxation which may be re-
quired from time to time, by the changes in the relative circum-
stances of the States, —
9- That a census be taken within six years from the first
meeting of the legislature of the United States, and once within
the term of every ten years afterwards, of all the inhabitants of
the United States, in the manner and according to the ratio
recommended by Congress in their resolution of the i8th of April,
1783 ; and that the legislature of the United States shall propor-
tion the direct taxation accordingly.
10. That all bills for raising or appropriating money, and for
fixing the salaries of the officers of the government of the United
States, shall originate in the first branch of the legislature of the
United States, and shall not be altered or amended by the second
branch ; and that no money shall be drawn from the public
treasury, but in pursuance of appropriations to be originated by
the first branch.
1 1 . That, in the second branch of the legislature of the United
States, each State shall have an equal vote.
12. Same as 9, June 13, substantially.
13. Same as 10, June 13.
14. Same as n, June 13, omitting, "or increase."
15. Same as 12, June 13.
16. That the jurisdiction of the national judiciary shall extend
to cases arising under laws passed by the general legislature, and
to such other questions as involve the national peace and
harmony.
17. Same as 14, June 13.
1 8. That a republican form of government shall be guaranteed to
each State ; and that each State shall be protected against foreign
and domestic viclence.
19. Same as 17, June 13.
20. Same as 18, June 13.
21. Same as 19, June 13.
22. That the representation in the second branch of the legis-
lature of the United States shall consist of two members from each
State, who shall vote per capita.
23. That it be an instruction to the committee to whom were
referred the proceedings of the Convention for the establishment
of a national government, to receive a clause, or clauses, requir-
ing certain qualifications of property and citizenship in the United
States, for the executive, the judiciary, and the members of both
branches of the legislature of the United States.
THE DRAFT OF AUGUST 6 AND THE CONSTITUTION.
The Draft of August 6 was discussed in the Convention from
August 7 to September 8. It was then referred to a Committee
on Style, who, on September 13, reported the Constitution in a
finished form. The Convention adjourned September 17.
The debates on the Draft and the alterations made in it are
treated by Bancroft in the following chapters : ' ' The Powers of
Congress, " " The President, ' ' ' 'The Federal Judiciary, " " The
Last Days of the Convention."
Bancroft, ii. 119-222;
Curtis, ii. 193-487 ;
Lalor, i. 639-640, 548-549 ;
Rives, ii. 425-475 ;
Elliot, v. 382-565.
DRAFT OF A CONSTITUTION,
REPORTED BY COMMITTEE OF DETAIL, AUGUST 6.
We, the people of the States of New Hampshire, Massachusetts,
Rhode Island and Providence Plantations, Connecticut, New
York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia,
North Carolina, South Carolina, and Georgia, do ordain, declare,
and establish the following Constitution for the government of
ourselves and our posterity : —
Article I. — The style of the government shall be "The United
States of America. ' '
Art. II. — The government shall consist of supreme legislative,
executive, and judicial powers.
Art. III. — The legislative power shall be vested in a Congress,
to consist of two separate and distinct bodies of men, a House of
Representatives and a Senate ; each of which shall in all cases
have a negative on the other. The legislature shall meet on the
first Monday in December in every year.
Art. IV. — Sec. i. The members of the House of Representa-
tives shall be chosen, every second year, by the people of the
several States comprehended within this Union. The qualifica-
tions of the electors shall be the same, from time to time, as those
of the electors, in the several States, of the most numerous branch
of their own legislatures.
Sec. 2. Every member of the House of Representatives shall be
of the age of twenty-five years at least ; shall have been a citizen
in the United States for at least three years before his election ;
and shall be, at the time of his election, a resident of the State in
which he shall be chosen.
Sec. 3. The House of Representatives shall, at its first forma-
tion, and until the number of citizens and inhabitants shall be
taken in the manner hereinafter described, consist of sixty-five
members, of whom 3 shall be chosen in N. H., 8 in Mass., i in R.
I., 5 in Ct., 6 in N. Y., 4 in N. J., 8 in Pa., i in Del., 6 in Md.,
10 in Va., 5 in N. C., 5 in S. C., and 3 in Ga.
Sec. 4. As the proportions of numbers in different States will
alter from time to time ; as some of the States may hereafter be
divided ; as others may be enlarged by addition of territory ; as
two or more States may be united ; as new States will be erected
within the limits of the United States, — the legislature shall, in
each of these cases, regulate the number of representatives by the
number of inhabitants, according to the provisions hereinafter
made, at the rate of one for every forty thousand.
Sec. 5. All bills for raising or appropriating money, and for
fixing the salaries of the officers of government, shall originate in
the House of Representatives, and shall not be altered or amend-
ed by the Senate. No money shall be drawn from the public
treasury but in pursuance of appropriations that shall originate in
the House of Representatives.
Sec. 6. The House of Representatives shall have the sole
power of impeachment. It shall choose its speaker and other
officers.
Sec. 7. Vacancies in the House of Representatives shall be
supplied by writs of election from the executive authority
of the State in the representation from which they shall happen.
Art. V.— Sec. i. The Senate of the United States shall be
chosen by the legislatures of the several States. Each legislature
shall choose two members. Vacancies may be supplied by the
executive until the next meeting of the legislature. Each mem-
ber shall have one vote.
Sec. 2. The Senators shall be chosen for six years, but immedi-
ately after the firsi election they shall be divided, by lot, into
three clases, as nearly as may be, numbered one, two, and three.
The seats of the members of the first class shall be vacated at the
expiration of the second year ; of the second class at the expira-
tion of the fourth year ; of the third class at the expiration of the
sixth year ; so that a third part of the members may be chosen
every second year.
Sec. 3. Every member of the Senate shall be of the age of thirty
years at least ; shall have been a citizen in the United States for at
least four years before his election ; and shall be, at the time of his
election, a resident of the State for which he shall have been
chosen.
Sec. 4. The Senate shall choose its own president and other
officers.
Art. VI. — Sec. i. The times, places, and manner of holding
the elections of the members of each house, shall be prescribed
by the legislature of each State ; but their provisions concerning
them may, at any time, be altered by the legislature of the
United States.
24
Sec. 2. The legislature of the United States shall have authority
to establish such uniform qualifications of the members of each
house, with regard to property, as to the said legislature shall
seem expedient.
Sec. 3. In each house a majority of the members shall consti-
tute a quorum to do business ; but a smaller number may adjourn
from day to day.
Sec. 4. Each house shall be the judge of the elections, returns,
and qualifications of its own members.
Sec. 5. Freedom of speech and debate in the legislature shall
not be impeached or questioned in any court or place out of the
legislature ; and the members of each house shall, in all cases,
except treason, felony, and breach of the peace, be privileged from
arrest during their attendance at Congress, and in going to and
returning from it.
Sec. 6. Each house may determine the rules of its proceedings;
may punish its members for disorderly behavior ; and may expel
a member.
Sec. 7. The House of Representatives, and the Senate, when it
shall be acting in a legislative capacity, shall keep a journal of
their proceedings ; and shall from time to time publish them ; and
the yeas and nays of the members of each house, on any question,
shall, at the desire of one-fifth part of the members present, be
entered on the journal.
Sec. 8. Neither house, without the consent of the other, shall
adjourn for more than three days, nor to any other place than that
at which the two houses are sitting. But this regulation shall
not extend to the Senate when it shall exercise the power men-
tioned in the Article.
Sec. 9. The members of each house shall be ineligible to, and
incapable of holding, any office under the authority of the United
States, during the terms during which they shall respectively
be elected ; and the members of the Senate shall be ineligible
to, and incapable of holding, any.such office for one year after-
wards.
Sec. 10. The members of each house shall receive a compensa-
tion for their services, to be ascertained and paid by the State in
which they shall be chosen.
Sec. n. The enacting style of the laws of the United States
25
shall be, " Be it enacted, and it is hereby enacted, by the House
of Representatives and by the Senate of the United States, in Con-
gress assembled."
Sec. 12. Each house shall possess the right of originating
bills, except in the cases before mentioned.
Sec. 13. Every bill which shall have passed the House of
Representatives and the Senate shall, etc., to the same effect as
Art. r, Sec. 7, Par. 2, of the Constitution.
Art. VII. — Sec. i. The legislature of the United States shall
have the power to lay and collect taxes, duties, imposts, and
excises ;
To regulate commerce with foreign nations, and among the
several States ;
To establish an uniform rule of naturalization throughout the
United States ;
To coin money ;
To regulate the value of foreign coin ;
To fix the standard of weights and measures ;
To establish post-offices ;
To borrow money, and emit bills, on the credit of the United
States ;
To appoint a treasurer by ballot ;
To constitute tribunals inferior to the supreme court ;
To make rules concerning captures on land and water ;
To declare the law and punishment of piracies and felonies
committed on the high seas, and the punishment of counterfeiting
the coin of the United States, and of offences against the law of
nations ;
To subdue a rebellion in any State, on the application of its
legislature ;
To make war ;
To raise armies ;
To build and equip fleets ;
To call forth the aid of the militia, in order to execute the
laws of the Union, enforce treaties, suppress insurrections, and
repel invasions ;
And to make all laws that shall be necessary and proper for
carrying into execution the foregoing powers, and all other
powers vested by this Constitution in the government of the
United States, or in any department or office thereof.
*
Sec. 2. Treason against the United States shall consist only in
levying war against the United States, or any of them ; and in
adhering to the enemies of the United States, or any of them.
The legislature of the United States shall have power to declare
the punishment of treason. No person shall be convicted of
treason unless on the testimony of two witnesses. No attainder
of treason shall work corruption of blood, nor forfeiture, except
during the life of the person attainted.
Sec. 3. The proportions of direct taxation shall be regulated by
the whole number of white and other free citizens and inhabitants
of every age, sex, and condition, including those bound to servi-
tude for a term of years, and three-fifths of all other persons not
comprehended in the foregoing description, (except Indians not
paying taxes;) which number shall, within six years after the
first meeting of the legislature, and within the term of every ten
years aftenvards, be taken in such manner as the said legislature
shall direct.
Sec. 4. No tax or duty shall be laid by the legislature on
articles exported from any State ; nor on the migration or im-
portation of such persons as the several States shall think
proper to admit ; nor shall such migration or importation be
prohibited.
Sec. 5. No capitation tax shall be laid, unless in proportion to
the census hereinafter directed to be taken.
Sec. 6. No navigation act shall be passed without the assent of
two-thirds of the members present in each house.
Sec. 7. The United States shall not grant any title of
nobility.
Art. VIII. — The acts of the legislature of the United States
made in pursuance of this Constitution, and all treaties made
under authority of the United States, shall be the supreme law of
the several States, and of their citizens and inhabitants ; and the
judges in the several States shall be bound thereby in their decis-
ions, anything in the constitutions or laws of the several States
to the contrary notwithstanding.
Art. IX.— Sec. i. The Senate of the United States shall have
power to make treaties, and to appoint ambassadors, and judges
of the supreme court.
Sec. 2. (Provides for the settlement of disputes between two or
more States concerning jurisdiction or territory, in a manner
similar to the provision in Art. IX, Sec. 2, of the Articles of Con-
federation, except that the powers there conferred upon "The
United States in Congress assembled ' ' are here conferred upon
the Senate.)
Sec. 3. (Similar to Art. IX, Sec. 3, of the Articles of Con-
federation.)
Art. X. — Sec. i. The executive power of the United States
shall be vested in a single person. His style shall be, "The
President of the United States of America," and his title shall
be, "His Excellency." He shall be elected by ballot by the
legislature. He shall hold his office during the term of seven
years ; but shall not be elected a second time.
Sec. 2. He shall, from time to time, give information to the
legislature of the state of the Union. He may recommend to their
consideration such measures as he shall judge necessary and
expedient. He may convene them on extraordinary occasions.
In case of disagreement between the two houses, with regard to
the time of adjournment, he may adjourn them to such time as he
thinks proper. He shall take care that the laws of the United
States shall be duly and faithfully executed. He shall commis-
sion all the officers of the United States ; and shall appoint
officers in all cases not otherwise provided for by this Constitution.
He shall receive ambassadors, and may correspond with the
supreme executives of the several States. He shall have power
to grant reprieves and pardons, but his pardon shall not be plead-
able in bar of an impeachment. He shall be commander-in-chief
of the army and navy of the United States, and of the militia of
the several States. He shall, at certain times, receive for his
services a compensation, which shall neither be increased nor
diminished during his continuance in office. Before he shall
enter on the duties of his department, he shall take the following
oath or affirmation, "I, , solemnly swear (or affirm)
that I will faithfully execute the office of President of the United
States of America. ' ' He shall be removed from his office on im-
peachment by the House of Representatives, and conviction, in
the supreme court, of treason, brib?ry, or corruption. In case of
his removal, as aforesaid, death, resignation, or disability to dis-
charge the powers and duties of his office, the President of the
Senate shall exercise those powers and duties until another Presi-
dent of the United States be chosen, or until the disability of the
President be removed.
Art. XI. — Sec. i. The judicial power of the United States
shall be vested in one supreme court, and in such inferior courts
as shall, when necessary, from time to time, be constituted by the
legislature of the United States.
Sec. 2. The judges of the supreme court, and of the inferior
courts, shall hold their offices during good behavior. They shall,
at stated times, receive for their services a compensation,
which shall not be diminished during their continuance in
office.
Sec. 3. The jurisdiction of the supreme court shall extend to
all cases arising under the laws passed by the legislature of the
United States ; to all cases affecting ambassadors, other public
ministers and consuls ; to the trial of impeachments of officers of
the United States ; to all cases of admiralty and maritime juris-
diction ; to controversies between two or more States, (except as
shall regard territory or jurisdiction); between a State and a citi-
zen of another State ; between citizens of different States ; and
between a State, or the citizens thereof, and foreign States,
citizens, or subjects. In cases of impeachment, cases affecting
ambassadors, other public ministers and consuls, and those in
which a State shall be a party, this jurisdiction shall be original.
In all other cases before mentioned, it shall be appellate, with
such exceptions, and under such regulations as the legislature
shall make. The legislature may assign any part of the jurisdic-
tion above mentioned, (except the trial of the President of the
United States), in the manner and under the limitations which it
shall think proper, to such inferior courts as it shall constitute
from time to time.
Sec. 4. The trial of all criminal offences (except in cases of im-
peachment) shall be in the State where they shall be committed,
and shall be by jury.
Sec. 5. Judgment, in cases of impeachment, shall not extend
further than to removal from office, and disqualification to hold
and enjoy any office of honor, trust, or profit, under the United
States. But the party convicted shall nevertheless be liable and
subject to indictment, trial, judgment, and punishment, accord-
ing to law.
Art. XII — No State shall coin money ; nor grant letters of
rnarque and reprisal ; nor enter into any treaty, alliance, or con-
federation ; nor grant any title of nobility.
-••
Art. XIII. — No State, without the consent of the legislature of
the United States, shall emit bills of credit, or make anything
but specie a tender in payment of debts ; nor lay imposts or duties
on imports ; nor keep troops or ships of war in time of peace ;
nor enter into any agreement or compact with another State, or
with any foreign power ; nor engage in any war, unless it shall
be actual!}' invaded by enemies, or the danger of invasion be so
imminent as not to admit of a delay until the legislature of the
United States can be consulted.
Art. XIV. — The citizens of each State shall be entitled
to all the privileges and immunities of citizens in the several
States.
Art. XV. — Any person charged with treason, felony, or high
misdemeanor in any State, who shall flee from justice, and shall
be found in any other State, shall, on demand of the executive
power of the S':ate from which he fled, be delivered up and
removed to the State having jurisdiction of the offence.
Art. XVI. — Full faith .shall be given in each State to the acts
of the legislature, and to the records and judicial proceedings of
the cour'cs and magistrates of every other State.
Art. XVII. — New States lawfully constituted or established
within the limits of the United States may be admitted, by the
legislature, into this government ; but to such admission the
consent of two-thirds of the members present in each house shall
be necessary. If a new State shall arise within the limits of any
of the present States, the consent of the legislatures of such States
shall be also necessary to its admission. If the admission be con-
sented to, the new State shall be admitted on the same terms
with the original States. But the legislature may make condi-
tions with the new States concerning the public debt which shall
then be subsisting.
Art. XVIII. — The United States shall guarantee to each State
a republican form of government ; and shall protect each State
against foreign invasions, and, on application of its legislature,
against domestic violence.
Art. XIX. — On the application of the legislatures of two-thirds
of the States in the Union, for an amendment of this Constitu-
tion, the legislature of the United States shall call a convention
for that purpose.
Art. XX. — The members of the legislatures and the executive
and judicial officers of the United States, and of the several States,
shall be bound by oath to support this Constitution.
Art. XXI. — The ratification of the conventions of States
shall be sufficient for organizing this Constitution.
Art. XXII. — This Constitution shall be laid before the United
States in Congress assembled, for their approbation ; and it is the
opinion of this Convention, that it should be afterwards submitted
to a convention chosen in each State, under the recommendation
of its legislature, in order to receive the ratification of such
convention.
Art. XXIII. — To introduce this government, it is the opinion
of this Convention, that each assenting convention should notify
its assent and ratification to the United States in Congress
assembled ; that Congress, after receiving the assent and ratifica-
tion of the conventions of States, should appoint and
publish a day, as early as may be, and appoint a place, for com-
mencing proceedings under this Constitution ; that, after such
publication, the legislatures of the several States should elect
members of the Senate, and direct the election of members of the
House of Representatives ; and that the members of the legis-
lature should meet at the time and place assigned by Congress,
and should, as soon as may be after their meeting, choose the
President of the United States, and proceed to execute this
Constitution.
DRAFT <>:••
AUGUST 6.
CONSTITUTION-.
Preamble ) ^ ^
and I... }Freamble ........ E. 382, Aug. 7.
E. 382, Aug. 7.
Ill ............ I. i., iv. 2 ........ E. 382-385, Aug. 7.
IV. i ........ I. ii. i ............. E. 385-389- Aug. 7, 8.
IV. 2 ....... 1. ii. 2 ............ E. 389-391, Aug. 8 ; 411-414, Aug. 13;
555-556, Sept. 17.
IV. 3 ..... IT :: , f E. 39', Aug. 8.
IV. 4 ..... j1 "IE. 391-394, Aug. 8.
IV. 5 ........ 1. vii. i ; ix. 7...E. 394-395, Aug. 8 ; 410-411, Aug. ii;
414-420, Aug. 13.
IV. 6... ..... I. ii. 5 ............ E. 395, Aug. 9.
IV. 7 ........ 1. ii. 4 ............ E. 395. Aug. 9.
V. i ......... I. iii. i and 2...E. 395-397, Aug. 9.
V. 2 ......... 1. iii. i and 2...E. 397-398, Aug. 9; 414, Aug. 13.
V. 3 ......... 1. iii. 3 ............ E. 398-401, Aug. 9.
V. 4 ......... 1. iii. 4 and 5 ____ E. 401, Aug. 9.
VI. i ........ I. iv. i ............ E. 401-402, Aug. 9.
VI. 2 ........ — — E. 402-405, Aug. 10.
VI. 3 ....... 1. v. i ............ E. 405-406, Aug. 10.
y*-4 ........ l'v: l ......... {E. 406, Aug. 10.
VI. 5 ........ 1. vi. i ......... (
VI. 6 ........ 1. v. 2 ............. E. 407, Aug. 10.
VI. 7 ........ 1. v. 3 ............ E. 407-409, Aug ii.
VI. 8 ........ 1. v. 4 ............ E. 408-410, Aug. ii.
VI. 9 ........ 1. vi. 2 ............ E. 420-425, Aug. 14; 503, Sep. i;
505-506, Sep. 3.
VI. 10 ...... 1. vi. i ............ E. 425-427, Aug. 14.
VI. ii ...... — — E. 427, Aug. 15.
VI. 12 ...... — -E. 427-428, Aug. 15; 452-453, Aug.
21 ; 510, Sept. 5 ; 529, Sep. 8.
VI. 13 ...... 1. vii. 2 and 3..E. 428-431, Aug 15 ; 536-538, Sep. 12.
-I. vii. 3 ........... E. 43!-432, Aug. 16.
VII. i ...... I. viii ............. E. 432-447, Aug. 16-20; 451, Aug.
21 ; 462, Aug. 22 ; 463-467, Aug.
22-23; 467-469, 475-477- Aug.
25 ; 503, Sep. i ; 504, Sep. 3 ;
506-507, Sep. 4; 510-512, Sep. 5.
VII. 2 ...... III. iii. i and 2.E. 447-451, Aug. 20; 462-463, Aug.
22.
VII. 3 1- »• 3 E. 452-453. Aug. 21.
VII. 4 1. ix. i and 5... E. 454-461, Aug. 21-22; 471, Aug.
24 ; 477-478> 479. Aug. 25 ; 483-
488, Aug. 28 ; 502-503, Aug. 31 ;
538-539, Sep. 12; 540, Sep. 13.
VII. 5 1. ix. 4 E. 461, Aug. 22 ; 471, Aug. 24 ; 478,
Aug. 25.
VII. 6 — — E. 461, Aug 22 ; 471, Aug. 24 ; 478,
Aug. 25 ; 489-492, Aug. 29.
VII. 7 1. ix. 8 E. 467, Aug. 23.
VIII VI. 2 E. 467, Aug. 23; 478-479, Aug. 25.
IX. i II. ii. 2 E. 467, 469-470, Aug. 23; 507,
Sep. 4.
IX. 2 — — E. 471, Aug. 24.
IX. 3 — — E. 471, Aug. 24.
f II. i. i, 2, 3, ^ E. 462, Aug. 22 ; 471-474, Aug. 24 ;
X.i 4 4; Amend.,- 507, 508-510, Sep. 4 ; 512-529,
( XII ) Sep. 5-8.
("II. i. 6, 7, 8;"J E. 462, Aug. 22 ; 474-475, Aug. 24 ;
X. 2 -; ii. i; iii. ; - 479-481, Aug. 25-27 ; 507, Sep. 4 ;
I iv 3 530, Sep. 8.
XI. i III. i E. 481, Aug. 27.
XI. 2 III. i E. 462, Aug. 22; 481-482, Aug. 27.
,.T f III. ii. i and ) E. 462, Aug. 22 ; 482-483, Aug. 27 ;
" ( 2; I. iii. 6.... { 484, Aug. 28.
XI. 4 III. ii. 3 E. 484, Aug. 28.
XI. 5 1. iii. 7 E. 484, Aug. 28.
XII I. x. i E. 484-486, Aug. 28.
XIII I. x. 2 and 3 E. 486-487, Aug. 28.
XIV IV. ii. i E. 487, Aug. 28.
XV IV. ii. 2 E- 487, Aug. 28 ; 492, Aug. 28.
XVI IV. i E. 487-488, Aug. 29 ; 504, Sep. 3.
XVII IV. iii. i E. 492-497, Aug. 29-30.
XVIII IV. iv E. 497-498, Aug. 30.
XIX V E. 498, Aug. 30:530-532, Sep. 10.
XX VI. 3 E. 498, Aug. 30.
XXI VII E. 498-501, Aug. 30-31; 532-535.
Sep. 10 ; 541, Sep. 13.
XXII — — E. 5OI-502, Aug. 31; 532-535, Sep.
10 ; 541, Sep. 13.
XXIIL E. 502, Aug. 31 ; 541, Sep. 13.
THIS BOOK IS DUE ON THE LAST DATE
STAMPED BELOW
AN INITIAL FINE OF 25 CENTS
WILL BE ASSESSED FOR FAILURE TO RETURN
THIS BOOK ON THE DATE DUE. THE PENALTY
WILL INCREASE TO 5O CENTS ON THE FOURTH
DAY AND TO $1.OO ON THE SEVENTH DAY
OVERDUE.
SEP 22 1932
ftEC'D CD -
RECD LD
NOV 24 1959
JUL 3
EC'D LD
ODT 71960
X
13Jan'6lEMr
LD 21A-50m-3,'62
I476B
General Library
University of California
Berkeley
.
YE. 00629
284712
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