University of Virginia Library

Tuesday May 29.

John Dickenson and Elbridge Gerry, the former
from Delaware, the latter from Massts. took their
seats. The following rules were added, on the report
of Mr. Wythe from the Committee—

That no member be absent from the House, so as
to interrupt the representation of the State, without
leave.

That Committees do not sit whilst the House shall
be or ought to be, sitting.

That no copy be taken of any entry on the journal
during the sitting of the House without leave of the
House.

That members only be permitted 10 inspect the
journal.

That nothing spoken in the House be printed, or
otherwise published or communicated without leave.

That a motion to reconsider a matter which has
been determined by a majority, may be made, with
leave unanimously given, on the same day on which
the vote passed; but otherwise not without one
day's previous notice: in which last case, if the
House agree to the reconsideration, some future day
shall be assigned for that purpose.

Mr. C. Pinkney[21] moved that a Committee be appointed
to superintend the Minutes.

Mr. Govr. Morris objected to it. The entry of the
proceedings of the Convention belonged to the
Secretary as their impartial officer. A committee
might have an interest & bias in moulding the entry
according to their opinions and wishes.

The motion was negatived, 5 noes, 4 ays.

Mr. Randolph[22] then opened the main business.[23]

He expressed his regret, that it should fall to him,
rather than those, who were of longer standing in
life and political experience, to open the great subject
of their mission. But, as the convention had
originated from Virginia, and his colleagues supposed
that some proposition was expected from
them, they had imposed this task on him.

He then commented on the difficulty of the crisis,
and the necessity of preventing the fulfilment of the
prophecies of the American downfal.

He observed that in revising the fœderal system
we ought to inquire 1. into the properties, which
such a government ought to possess, 2. the defects
of the confederation, 3. the danger of our situation
& 4. the remedy.

1.

• The Character of such a government ought
  to secure 1. against foreign invasion: 2. against
  dissensions between members of the Union, or seditions
  in particular States: 3. to procure to the
  several States various blessings, of which an isolated
  situation was incapable: 4. to be able to defend
  

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  itself against encroachment: & 5. to be paramount
  to the state constitutions.

2.

• In speaking of the defects of the confederation
  he professed a high respect for its authors, and considered
  them as having done all that patriots could
  do, in the then infancy of the science, of constitutions,
  & of confederacies,—when the inefficiency of
  requisitions was unknown—no commercial discord
  had arisen among any States—no rebellion had appeared
  as in Massts—foreign debts had not become
  urgent—the havoc of paper money had not been
  foreseen—treaties had not been violated—and perhaps
  nothing better could be obtained from the
  jealousy of the states with regard to their sovereignty.

  He then proceeded to enumerate the defects, I.
  that the confederation produced no security against
  foreign invasion; congress not being permitted to
  prevent a war nor to support it by their own authority
  —Of this he cited many examples; most of
  which tended to shew, that they could not cause
  infractions of treaties or of the law of nations to be
  punished: that particular states might by their conduct
  provoke war without controul; and that
  neither militia nor draughts being fit for defence on
  such occasions, enlistments only could be successful,
  and these could not be executed without money.

  2, that the fœderal govemment could not check
  the quarrels between states, nor a rebellion in any,
  not having constitutional power nor means to interpose
  accordingly to the exigency.

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  17

  
  
  

  3, that there were many advantages, which the
  U. S. might acquire, which were not attainable under
  the confederation—such as a productive impost—— —
  counteraction of the commercial regulations of other
  nations—pushing of commerce ad libitum,—&c &c.

  4, that the foederal government could not defend
  itself against encroachments from the states.

  5, that it was not even paramount to the state
  constitutions, ratified as it was in many of the states.

3.

• He next reviewed the danger of our situation,
  appealed to the sense of the best friends of the U. S.
  the prospect of anarchy from the laxity of government
  every where; and to other considerations.

4.

• He then proceeded to the remedy; the basis of
  which he said must be the republican principle.

He proposed as conformable to his ideas the following
resolutions, which he explained one by one.

1.

• Resolved that the articles of Confederation
  ought to be so corrected & enlarged as to accomplish
  the objects proposed by their institution; namely,
  "common defence, security of liberty, and general
  welfare."

2.

• Resd. therefore that the rights of suffrage in the
  National Legislature ought to be proportioned to the
  Quotas of contribution, or to the number of free
  inhabitants, as the one or the other rule may seem
  best in different cases.

3.

• Resd. that the National Legislature ought to
  consist of two branches.

4.

• Resd. that the members of the first branch of
  the National Legislature ought to be elected by the
  

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  18

  
  
  
  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 particular State, or under the authority
  of the United States, except those peculiarly belong
  to the functions of the first branch, during the term
  of service, and for the space of——— after its
  expiration; to be incapable of re-election for the
  space of —— after the expiration of their term of
  service, and to be subject to recall.

5.

• Resold. that the members of the second branch
  of the National Legislature 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 ensure 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.

• Resolved that each branch 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
  & moreover to legislate in all cases to
  

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  19

  
  
  
  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 all laws passed by the several States
  contravening in the opinion of the National Legislature
  the articles of Union; and to call forth the
  force of the Union agst. any member of the Union
  failing to fulfil its duty under the articles thereof.

7.

• Resd. that a National Executive 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
  increase or diminution, and 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.

• Resd. that the Executive and a convenient
  number of the National Judiciary, ought to compose
  a Council of revision with authority to examine
  every act of the National Legislature before it shall
  operate, & 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 Legislature be
  again passed, or that of a particular Legislature be
  again negatived by——— of the members of each
  branch.

9.

• Resd. that a National Judiciary be established
  to consist of one or more supreme tribunals, and of
  

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  inferior tribunals to be chosen by the National Legislature,
  to hold their offices during good behaviour;
  and to receive punctually at stated times 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 & determine in the first instance,
  and of the supreme tribunal to hear and determine
  in the dernier resort, all Piracies & felonies on the
  high seas, captures from an enemy: cases in which
  foreigners or Citizens of other States applying to
  such jurisdictions may be interested, or which respect
  the collection of the National revenue; impeachments
  of any national officers, and questions
  which may involve the national peace and harmony.

10.

• Resolvd. that provision ought to be made for
  the admission of States lawfully arising within the
  limits of the United States, whether from a voluntary
  junction of Government & Territory or otherwise,
  with the consent of a number of voices in the
  National Legislature less than the whole.

11.

• Resd. that a Republican Government & the
  territory of each State, except in the instance of a
  voluntary junction of Government & territory, ought
  to be guarantied by the United States to each State.

12.

• Resd. 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.

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21





13.

• Resd. 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.

• Resd. that the Legislative Executive & Judiciary
  powers within the several States ought to be
  bound by oath to support the articles of "Union.

15.

• Resd. that the amendments which shall be
  offered to the Confederation, 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 Legislatures to be expressly chosen by the
  people to consider & decide thereon.

He concluded with an exhortation, not to suffer
the present opportunity of establishing general
peace, harmony, happiness and liberty in the U. S.
to pass away unimproved.[24]

It was then Resolved—That the House will tomorrow
resolve itself into a Committee of the Whole
House to consider of the state of the American
Union—and that the propositions moved by Mr.
Randolph be referred to the said Committee.

Mr. Charles Pinkney laid before the House the
draft of a federal Government which he had prepared,
to be agreed upon between the free and

independent States of America.[25] —Mr. P. plan ordered
that the same be referred to the Committee
of the Whole appointed to consider the state of the
American Union.[26]

CHARLES PINCKNEY'S LETTER.
(Reduced.)

We the People of the States of New Hampshire
Massachusetts Rhode Island & Providence Plantations

Connecticut New York New Jersey Pennsylvania
Delaware Maryland Virginia North Carolina
South Carolina & Georgia do ordain, declare &

THE PINCKNEY DRAFT.
(Reduced.)

establish the following Constitution for the government
of ourselves & Posterity.

Article I:

The Style of this Government shall be The United
States of America & the Government shall consist of
supreme legislative Executive & judicial Powers.

2

The Legislative Power shall be vested in a Congress
to consist of two separate Houses—one to be
called the House of Delegates & the other the
Senate who shall meet on the———— — — Day
of——— every year.

3

The members of the House of Delegates shall be
chosen every——— year by the people of the
several States & the qualification of the electors
shall be the same as those of the electors in the
several States for their legislatures—each member
shall have been a citizen of the United States for
———years; and shall be of— — — years
of age & a resident in the State he is chosen for———
Until a census of the people shall be taken in the
manner herein after mentioned the House of Delegates
shall consist of———— — — to
be chosen from the different States in the following
proportions: for New Hampshire,———; for
Massachusetts——— for Rhode Island,— — —
for Connecticut,——— for New York— — —
for New Jersey,——— for Pennsylvania,— — —
for Delaware,——— for Mary1d.,— — —
for Virginia,——— for North Carolina,— — —

for South Carolina,——— for Georgia,— — —
& the Legislature shall hereafter regulate the number
of delegates by the number of inhabitants according
to the Provisions herein after made, at the rate
of one for every——— thousand.— All money bills
of every kind shall originate in the house of Delegates
& shall not be altered by the Senate. The House
of Delegates shall exclusively possess the power of
impeachment & shall choose it's own officers &
vacancies therein shall be supplied by the executive
authority of the State in the representation from
which they shall happen.

4

The Senate shall be elected & chosen by the House
of Delegates which House immediately after their
meeting shall choose by ballot——— Senators
from among the Citizens & residents of New Hampshire
———from among those of Massachusetts
—from among those of Rhode Island———
from among those of Connecticut——— from
among those of New York——— from among
those of New Jersey—from among those of
Pennsylvania——— from among those of Delaware
———from among those of Maryland— — —
from among those of Virginia——— from among
those of North Carolina——— from among those
of South Carolina &——— from among those of
Georgia———

The Senators chosen from New Hampshire Massachusetts
Rhode Island & Connecticut shall form one

class—those from New York New Jersey Pennsylvania
& Delaware one class—& those from Maryland
Virginia North Carolina South Carolina &
Georgia one class.

The House of Delegates shall number these Classes
one two & three & fix the times of their service by
Lot—the first class shall serve for—— — years — the
second for—years & the third for—— —
years—as their times of service expire the House
of Delegates shall fill them up by elections for
———years & they shall fill all vacancies that
arise from death or resignation for the time of service
remaining of the members so dying or resigning.

Each Senator shall be——— years of age at least
—shall have been a Citizen of the United States 4
years before his election & shall be a resident of the
State he is chosen from. The Senate shall choose
its own Officers.

5

Each State shall prescribe the time & manner of
holding elections by the People for the house of
Delegates & the House of Delegates shall be the
judges of the elections returns & Qualifications of
their members.

In each house a Majority shall constitute a
Quorum to do business—Freedom of Speech &
Debate in the legislature shall not be impeached or
Questioned in any place out of it & the Members of
both Houses shall in all cases except for Treason
Felony or Breach of the Peace be free from arrest

during their attendance at Congress & in going to
& returning from it—Both Houses shall keep journals
of their Proceedings & publish them except on secret
occasions & the yeas & nays may be entered thereon
at the desire of one——of the members present.
Neither house without the consent of the other
shall adjourn for more than——— days nor to
any Place but where they are sitting.

The members of each house shall not be eligible
to or capable of holding any office under the Union
during the time for which they have been respectively
elected nor the members of the Senate for one
year after.

The members of each house shall be paid for their
services by the States which they represent.

Every bill which shall have passed the Legislature
shall be presented to the President of the United
States for his revision—if he approves it he shall
sign it—but if he does not approve it he shall return
it with his objections to the house it originated in,
which house if two thirds of the members present,
notwithstanding the President's objections agree to
pass it, shall send it to the other house with the
President's objections, where if two thirds of the
members present also agree to pass it, the same shall
become a law—& all bills sent to the President &
not returned by him within——— days shall be
laws unless the Legislature by their adjournment
prevent their return in which case they shall not be
laws.

6th

The Legislature of the United States shall have
the power to lay & collect Taxes Duties Imposts &
excises

To regulate Commerce with all nations & among
the several States.

To borrow money & emit bills of Credit

To establish Post offices.

To raise armies

To build & equip Fleets

To pass laws for arming organizing & disciplining
the Militia of the United States

To subdue a rebellion in any State on application
of its legislature

To coin money & regulate the Value of all coins
& fix the Standard of Weights & measures

To provide such Dock Yards & arsenals & erect
such fortifications as may be necessary for the
United States & to exercise exclusive Jurisdiction
therein

To appoint a Treasurer by ballot

To constitute Tribunals inferior to the Supreme
Court

To establish Post & military Roads

To establish & provide for a national University
at the Seat of the Government of the United States

To establish uniform rules of Naturalization

To provide for the establishment of a Seat of Government
for the United States not exceeding———
miles square in which they shall have exclusive
jurisdiction

To make rules concerning Captures from an Enemy

To declare the law & Punishment of piracies &
felonies at sea & of counterfeiting Coin & of all
offences against the Laws of Nations

To call forth the aid of the Militia to execute the
laws of the Union enforce treaties suppress insurrections
and repel invasions

And to make all laws for carrying the foregoing
powers into execution.

The Legislature of the United States shall have
the Power to declare the Punishment of Treason
which shall consist only in levying War against the
United States or any of them or in adhering to their
Enemies. No person shall be convicted of Treason
but by the testimony of two witnesses.

The proportion of direct taxation shall be regulated
by the whole number of inhabitants of every
description which number shall within——— years
after the first meeting of the Legislature & within
the term of every——— year after be taken in the
manner to be prescribed by the legislature

No Tax shall be laid on articles exported from
the States—nor capitation tax but in proportion to
the Census before directed

All Laws regulating Commerce shall require the
assent of two thirds of the members present in each
house—The United States shall not grant any title
of Nobility—The Legislature of the United States
shall pass no Law on the subject of Religion, nor
touching or abridging the Liberty of the Press nor

shall the privilege of the writ of Habeas Corpus ever
be suspended except in case of Rebellion or Invasion.

All acts made by the Legislature of the United
States pursuant to this Constitution & all Treaties
made under the authority of the United States shall
be the supreme Law of the land & all Judges shall
be bound to consider them as such in their decisions.

7

The Senate shall have the sole & exclusive power
to declare War & to make treaties & to appoint Ambassadors
& other Ministers to foreign nations &
Judges of the Supreme Court.

They shall have the exclusive power to regulate
the manner of deciding all disputes & controversies
now subsisting or which may arise between the States
respecting Jurisdiction or Territory.

8

The Executive Power of the United States shall
be vested in a President of the United States of
America which shall be his style & his title shall
be His Excellency. He shall be elected for———
years & shall be reeligible.

He shall from time to time give information to
the Legislature of the state of the Union & recommend
to their consideration the measures he may
think necessary—he shall take care that the laws of
the United States be duly executed: he shall commission
all the officers of the United States & except
as to Ambassadors other ministers and Judges of

the Supreme Court he shall nominate & with the
consent of the Senate appoint all other officers of the
United States. He shall receive public Ministers
from foreign nations & may correspond with the
Executives of the different States. He shall have
power to grant pardons & reprieves except in impeachments
—He shall be Commander in chief of
the army & navy of the United States & of the
Militia of the several States & shall receive a compensation
which shall not be increased or diminished
during his continuance in office. At entering on the
Duties of his office he shall take an oath faithfully
to execute the duties of a President of the United
States.—He shall be removed from his office on impeachment
by the house of Delegates & Conviction
in the Supreme Court of Treason bribery or Corruption
—In case of his removal death resignation or
disability the President of the Senate shall exercise
the duties of his office until another President be
chosen—& in case of the death of the President of the
Senate the Speaker of the House of Delegates shall
do so.

9

The Legislature of the United States shall have
the Power and it shall be their duty to establish
such Courts of Law Equity & Admiralty as shall
be necessary—The Judges of the Courts shall hold
their offices during good behaviour & receive a compensation,
which shall not be increased or diminished
during their continuance in office—One of these

Courts shall be termed the Supreme Court whose
jurisdiction shall extend to all cases arising under the
laws of the United States or affecting ambassadors
other public Ministers & Consuls—to the trial of impeachment
of officers of the United States—to all
cases of Admiralty & maritime jurisdiction—In cases
of impeachment affecting ambassadors and other
public Ministers this Jurisdiction shall be original &
in all other cases appellate———

All criminal offences (except in cases of impeachment)
shall be tried in the State where they shall be
committed—the trials shall be open & public &
shall be by Jury.

10

Immediately after the first census of the people
of the United States the House of Delegates shall
apportion the Senate by electing for each State out
of the citizens resident therein one Senator for every
———members each State shall have in the House
of Delegates—Each State shall be entitled to have
at least one member in the Senate.

11

No State shall grant letters of marque & reprisal
or enter into treaty or alliance or confederation nor
grant any title of nobility nor without the Consent
of the Legislature of the United States lay any
impost on imports—nor keep troops or Ships of War
in time of peace—nor enter into compacts with other
States or foreign powers or emit bills of Credit or

make any thing but Gold Silver or Copper a tender
in payment of debts nor engage in War except for
self defence when actually invaded or the danger
of invasion be so great as not to admit of a delay until
the Government of the United States can be informed
thereof—& to render these prohibitions effectual
the Legislature of the United States shall have
the power to revise the laws of the several States
that may be supposed to infringe the Powers exclusively
delegated by this Constitution to Congress
& to negative & annul such as do.

12

The Citizens of each State shall be entitled to all
privileges & immunities of Citizens in the several
States—Any person charged with Crimes in any
State fleeing from justice to another shall on demand
of the Executive of the State from which he fled be
delivered up & removed to the State having jurisdiction
of the offence.

13

Full faith shall be given in each State to the acts
of the Legislature & to the records & judicial Proceedings
of the Courts & magistrates of every State.

14

The Legislature shall have power to admit new
States into the Union on the same terms with the
original States provided two thirds of the members
present in both Houses agree.

15

On the application of the legislature of a State
the United States shall protect it against domestic
insurrection.

16

If two thirds of the Legislatures of the States
apply for the same the Legislature of the United
States shall call a Convention for the purpose of
amending the Constitution—or should Congress,
with the Consent of two thirds of each house, propose
to the States amendments to the same—the
agreement of two thirds of the Legislatures of the
States shall be sufficient to make the said amendments
parts of the Constitution.

The Ratification of the conventions of———
States shall be sufficient for organizing this Constitution.[27]

Adjourned.