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5. Resolved, 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 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. 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, 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 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. Resolved, That a National Executive be instituted; to be chosen by the national legislature, for the term of

; 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. Resolved, 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 législature, before it shall operate, and erery act of a particular legislature, before a negative thereon shall be final; and that the dissent of said council shall amount to a rejection, unless the act of the national legislature be again passed, or of a particular legislature be again negatired by

of the members of each branch. 9. Resolved, That a national judiciary be established; to consist of one or more supreme tribunals, and of inferior tribunals, to be chosen by the national legislature; to hold their offices during good behavior, 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 and determine in the first instance, and of the supreme tribunal to hear and determine in the dernier resort, all piracies and 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. Resolved, 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 and territory or otherwise, with the consent of a number of votes of the national legislature less than the whole.

11. Resolved, That a republican government, and the territory of each State, except in the instance of a voluntary junction of government and territory, ought to be guaranteed by the United States to each State.

12. Resolved, 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. Resolved, That provision ought to be made for the amendment of the articles of Union whensoever it shall be necessary, and that the assent of the national legislature ought not to be required thereto.

14. Resolved. That the legislative, executive, and judiciary powers, within the several States, ought to be bound by oath to support the articles of Union.

15. Resolved, 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 and decide thereon.

MR. PATTERSON'S PLAN,

FOR AMENDING THE ARTICLES OF CONFEDERATION; OFFERED

AS A SUBSTITUTE FOR MR. RANDOLPH'S RESOLUTIONS.

1. Resolved, That the Articles of Confederation ought to be so revised, corrected, and enlarged, as to render the Federal Constitution adequate to the exigencies of government and the preservation of the Union.

2. Resolved, 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 or merchandises of foreign growth or manufacture, imported into any port of the United States ; by stamps on paper, vellum, or parchment; and by a postage on all letters or packages passing through the general post-office; 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 acts, rules, and regulations, shall be adjudged by the common law judiciaries of the State in which any offence, contrary to the true intent and meaning of such acts, rules, and regulations, shall have been committed and perpetrated, with liberty of commencing in the first instance all suits and prosecutions for that purpose in the superior common law judiciary in such State ; subject, nevertheless, for the correction of all errors, both in law and fact, in rendering judgment, to an appeal to the judiciary of the United States.

3. Resolved, That whenever requisitions shall be necessary, instead of the rules for making requisitions mentioned in the Articles of Confederation, the United States, in Congress, be authorized to make such requisitions, in proportion to the whole number of white and other free inhabitants, of every age, sex, and condition, including those bound to service 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 requisitions be not complied with, in the time specified therein, to direct the collectionthereof 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 shall hereafter be increased or diminished.

4. Resolved, That the United States in Congress be authorized to elect a federal executive, to consist of

persons, to continue in office for the term of

years; 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 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 a second time, and removable by Congress, on application by a majority of the executives of the several States; that the executive, besides their general authority to execute the federal acts, ought to appoint all federal officers, not otherwise provided for, and to direct all military operations, provided that none of the persons composing the federal executive shall, on any occasion, take command of any troops, so as personally to conduct any military enterprise, as general or in any other capacity.

5. Resolved, That a Federal Judiciary be established, to consist of a supreine 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 diminu

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