larger States, so that the executive and legislative powers would have been wholly under their control, and the smaller States would have been powerless in every case where the interests of the larger were alike.

On the same day, Mr. Charles Pinckney submitted a “draft of a federal government, to be agreed upon between the free and independent States of America," which was subsequently made the basis of the Constitution. It was a masterly and statesmanlike document, such as could only have emanated from a man equally jealous of the independence of his State and earnestly desirous of the perpetuity, efficiency, and glory of the Union. It clearly distinguished and limited the powers of the legislative, executive, and judicial branches of the government, and provided for a limited presidential term, but agreed with Mr. Randolph's resolutions in proposing that the senate should be elected by the house.

On the 15th of June, what are known as the New Jersey resolutions were offered by Mr. Patterson of that State. They proposed a restriction of the action of the convention to the purposes contemplated by the Congress in calling for it, and suggested an increase in the powers of Congress, the creation of a federal executixe, to consist of persons, and the establishment of a supreme federal judiciary, to try certain specified causes. This plan was warmly supported by the smaller States.

On the 18th of June, Colonel Hamilton presented a paper containing his ideas of a suitable plan of government for the United States." This was the great effort of the favorers of a complete consolidation of the States. In the construction of the federal legislature, it ignored the States, making the members of the senate, as well as those of the house, to be elected by the people in proportion to the population, without regard to States. The senators were to be elected for life. The president was to hold his office during good behavior, and was to be elected by electors chosen in the same way as the senators, according to population. The States were regarded as mere territorial provinces of the Union; and, the better to keep them in subjection, the governor of every State was to be appointed by the president, and to have an absolute veto on all acts of the State legislature, over which he

might preside. As if this were not sufficient, it was further proposed that "no State should have any forces, land or naval; and that the militia of all the States should be under the sole and exclusive direction of the United States; the officers of which (i. e., the State militias) should be appointed by them."

Colonel Hamilton's "ideas of a suitable plan of government found no favor with the convention, and were summarily dismissed. The New Jersey resolutions also were respectfully considered, but in the end rejected, the convention feeling that a more radical change in the constitution of the government was necessary than could be honestly made to appear in the form of amendments to the act of confederation. The debates, therefore, continued on the various articles of the first two plans by Mr. Randolph and Mr. Pinckney, until the 26th of July, when the following resolutions, as they had, from time to time, been adopted, were, together with the propositions of these two gentlemen, referred to a select committee, with instructions to report a constitution.

RESOLUTIONS OF THE CONVENTION,

Referred on the Twenty-third and Twenty-sixth of July, 1787, to a committee of detail (Messrs. RUTLEDGE, RANDOLPH, GORHAM, ELLSWORTH, and WILSON), for the purpose of reporting a Constitution.

JUNE

I. Resolved, That the Government of the United States 1 ought to consist of a supreme legislative, judiciary, and executive.

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"II. Resolved, That the legislature consist of two branches.

"III. Resolved, That the members of the first branch of the legislature ought to be elected by the people of the sev22 eral States, for the term of two years; to be paid out of the 23 public treasury; to receive an adequate compensation for

their services; to be of the age of twenty-five years at least; to be ineligible to, and incapable of holding any office under the authority of the United States (except those peculiarly belonging to the functions of the first branch), during the term of service of the first branch.

JUNE "IV. Resolved, That the members of the second branch 25 of the legislature of the United States ought to be chosen by the individual legislatures; to be of the age of thirty years. at least; to hold their offices for six years, one third to go out biennially; to receive a compensation for the devotion of their time to the public service; to be ineligible to, and incapable of holding any office under the authority of the United States (except those peculiarly belonging to the functions of the second branch) during the term for which they are elected, and for one year thereafter.

"V. Resolved, That each branch ought to possess the right of originating acts.

Postponed, 27. "VI. Resolved, That the national legislature JULY ought to possess the legislative rights vested in Congress by

16 the confederation; and, moreover, to legislate, in all cases, 17 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.

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“VII. Resolved, That the legislative acts of the United States, made by virtue and in pursuance of the articles of union, 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 inhabitants; and that the judiciaries of the several States shall be bound thereby in their decisions, anything in the respective laws of the individual States to the contrary notwithstanding.

“VIII. Resolved, 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

JULY 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 authority to regulate the number of representatives, in any of the foregoing cases, upon the principle of the number of their inhabitants, according to the provisions hereafter mentioned, namely: Provided always, that representatives ought to be proportioned according to direct taxation. And in order to ascertain the alteration in the direct taxation which may be required, from time to time, by the changes in the relative circumstances of the States—

"IX. Resolved, 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 resolutions of April 18, 1783; and that the legislature of the United States shall proportion the direct taxation accordingly.

"X. Resolved, That all bills for raising or apportioning money, and for fixing the salaries of the officers of the Government of the United States, shall originate in the first 16 branch of the Legislature of the United States, and shall not

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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.

"XI. Resolved, That, in the second branch of the legislature of the United States, each State shall have an equal

vote.

"XII. Resolved, That a national executive be instituted, to consist of a single person, to be chosen by the national legislature for the term of seven years; to be ineligible a

JULY second time; with power to carry into execution the national laws; to appoint to offices in cases not otherwise provided for; to be removable on impeachment and conviction of malpractice or neglect of duty; to receive a fixed compensation for the devotion of his time to public service, to be paid out of the public treasury.

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"XIII. Resolved, That the national executive shall have a right to negative any legislative act, which shall not be afterwards passed, unless by two third parts of each branch of the national legislature.

“XIV. Resolved, That a national judiciary be established, 21 to consist of one supreme tribunal, the judges of which shall be appointed by the second branch of the national legisla18 ture; to hold their öffices during good behavior; to receive punctually, at stated times, a fixed compensation for their services, in which no diminution shall be made, so as to affect the persons actually in office at the time of such diminution. "XV. Resolved, That the national legislature be empowered to appoint inferior tribunals.

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"XVI. Resolved, 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.

"XVII. Resolved, That provision ought to be made for the admission of new 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 voices in the national legislature less than the whole.

"XVIII. Resolved, That a republican form of govern ment shall be guaranteed to each State; and that each State shall be protected against foreign and domestic violence.

“XIX. Resolved, That provision ought to be made for the amendment of the articles of union, whensoever it shall seem necessary.

"XX. Resolved, That the legislative, executive, and judiciary powers, within the several States, and of the national