In the draught of a fundamental constitution, two things deserve attention:

1. To insert essential principles only, lest the operations of government should be clogged by rendering those provisions permanent and unalterable, which ought to be accomodated to times and events. And

2. To use simple and precise language, and general propositions, according to the example of the several [-e675673]constitutions of the several states. For the construction of a constitution of necessarrily differs from tha[-e675677]t of law

1. A preamble seems proper not for the purpose of designating the ends of government and human polities — This business, if not fitter for the schools, is at least sufficiently executed [-e675673]display of theory, howsoever proper in the first formation of state governments, i[+e675673]seem[-e675673]s unfit here; since we are not working on the natural rights of men [+e675673]not yet gathered into society, but upon those rights, modified by society, and interwoven with[+e675673]supporting[-e675673] what we call the [+e675673]states [[-e675673]rights of states[+e675673]][-e675673] — Nor yet is it proper for the purpose of mutually pledging the faith of the parties for the observance of the articles — This may be done more solemnly at the close of the draught, as in the confederation — But the object of our preamble ought to be brieflod[+e675679]y to[-e675679] decla[+e675673]rep[-e675673]rese[-e675673]an[+e675679]nt, [-e675679]that the present foederal government is insufficient to the general happiness, that the conviction of this fact gave birth to this convention; and that the only effectual means which they could devise, for curing this insufficiency, is the establishment of a supreme legislative executive and judiciary — Let it be next declared, that the following are the constitution and fundamentals of government for the United States — After this introduction, let[-e675679] us proceed to the

2. First resolution — This resolution involves three particulars

1. the style of the United States, which may continue as it now is.

2. a declaration that an supreme legislative executive and judiciary shall be established; and

3. a declaration, that these departments shall be distinct, and independent of each other, except in specified cases.

In the next place, treat of the legislative, judiciary and executive in their order, and afterwards, of the miscellaneous subjects, as[-e675679] they occur, bringing together all the resolutions, belonging to the same point, howsoever they may be scattared about and leaving to the last the steps necessary to introduce the government [+e675673]— The following plan is therefore submitted

I. The Legislative

1. shall consist of two branches: viz:

a) a house of delegates; and

b) a senate;

2. which together shall be called “the legislature of the United States of America”. [-e675677]

3. a) The house of delegates [-e675677]

1. shall never be greater in number than ____ [-e675677]

[-e675677] To effect this, pursue a rule, similar to that prescribed in the 16th. article of the New-York constitution.

2. Each state shall send delegates, according to the ratio, recommended by congress

3. to ascertain this point, let a census be taken in due time [+e675673]as the national legislature shall direct; within six years from the first meeting of the legislature; and once in every term of ten years thereafter

4. the census being taken and returned, the legislature shall apportion the representation: [-e675677]

5. The qualifications of a delegate[-e675677]s[+e675673 -e675677] shall be the age of twe[-e675677]nty five years at least. and citizenship: and any person possessing these qualifications may be elected except ____

qu: if a certain term of residence and a certain quantity of landed property ought not to be made by the convention further qualifications. [-e675673]

6. Their duration in office shall be f[-e675675]or two years[+e675675]s.

7. Th or on their default by the national legislature.[+e675675]e elections shall be biennially [+e675673]held on the same day through the [-e675677]same [+e675673 -e675677]state: except in case of accidents, and where an adjournment to the succeeding day [-e675677]may be necessary.

8. The place shall be fixed by the nationawi[+e675675]l legislat[-e675675]ure fro[-e675675]m in the particular states unless the legislature shall hereafte[+e675675]time to time, [-e675675]

9. So shall the presiding officer [-e675675]

10. Votes shall be given by ballot, unless ⅔ of the national legislature shall choose to vary the mode. [-e675675]

11. The qualification of electors shall be th[-e675675]e d[+e675675]sa[-e675675]mect s[+e675675]e [-e675675]th uniform[+e675675]roughout the [-e675675]states; viz. [-e675677]

citizenship: [-e675677]

[-e675677] t[+e675675 -e675677]o prevail through[+e675675] manho[-e675675]od

state[+e675675] [-e675675] [-e675675] sanity of mind

previous residence for one year, or possession of real property within the state for the whole of one year, or inrolment in the militia for the whole of a years.

〈These qualifications are not justified by the resolutions.〉 [+e675673]

12. A majority shall be a quorum for business; but a smaller number may be authorized by the house[-e675677] to call for and punish nonattending members, and to adjourn for any time not exceeding one week

13. quaere. how far the right of [+e675673]expulsion may be proper. The house of delegates shall have power over its own members.

14. The delegates shall be privileged from arrest personal[+e675673]or[-e675673] restraint during their attendance,

for so long a time before

and after,

as may be necessary, for travelling to and from the legislature

and they shall have no other prby death disability or resignation [+e675675]ivilege whatsoever.

15. Thgovernor of the[+e675675] state, where[+e675675 -e675677]eir wages shall be ____ [-e675677]

[-e675677] [+e675675 -e675677]1[-e675677]h[+e675675 -e675677]6. The[-e675677]shall happe[+e675675 -e675677]n[+e675675]y shall b[-e675675]e ineligible to and incapable of holding [+e675673]offices under the authority of the united states, during the term of service of the house of delegates.

17. Vacancies shall be supplied by a writ from the speaker or any other person, appointed by the house. [-e675673]

18[-e675679].om[+e675679] d[+e675679]Th[-e675679]e ho day[+e675679]ouse shall have power to m[-e675679]ake rules for its own government.

19. The house shall not adjourn without the concurrence of the senate for more than one week, nor without such concurrence to any other place, than the one at which they are sitting.

4. b) The Senate —

1. shall consist of ____ members; each possessing a vote

2. the legislature of[+e675673] Each state shall appoint[+e675673]send[-e675673] two senato[+e675673]membe[-e675673]rs using their discretion as to the time and manner of choosing them.

3. the qualification of a [-e675673]senators[+e675673] shall be

the age of 25 years at least:

citizenship in the united states:

and property to the amount of ____

4. They shall be elected for six years and immediately after the first election they shall be divided by lot as nea[+e675673]3 days[+e675679]into fou[-e675679]r cl[-e675673]as may be into three[+e675673]ses, six in each[-e675673] classes[+e675673], and numbered 1, 2, 3: and the seats of the members of the first class shall be vacated at the expiration of the second[+e675673]first[-e675673] year, of the second class at the expiration of the fourth and of the third class at the end of the si[-e675677]&[+e675679]xt[-e675679]h year, and so on continually, that a third[-e675677] part of the senate may be biennially chosen.

5. A majority shall be a quorum for business. but a smaller number may be authorized to call for and punish non attending members and to adjourn for any time not exceeding one week. [-e675677]

6.[-e675677] Each senator shall have one vote [+e675673 -e675677]

7.[+e675673 -e675677] The senate shall have power over its o[-e675677] both foreign & domestic & no State to lay a duty on imports —[+e675679]wn members. [-e675677]

[-e675677]8[+e675673 -e675677]7. The senators shall be privileged from arrest [-e675677]personal restraint [+e675673 -e675677]during their [-e675677]the[+e675679]atte[-e675679]ndance, [-e675677]

[-e675677]such [+e675679] and [-e675677] or People as the several States think proper to admit[+e675679]for so long a time before [-e675677]

and so long after, [-e675677]

as may be necessary for travelling to and[-e675677]present [+e675681] from the legislature [-e675677]

[-e675677]⅔d. of the Members of[+e675679] and they s[-e675679]hall have no oth[-e675677]the like No. of[+e675679]er pr[-e675679]ivileges whatsoever. [-e675677]

[-e675677]9[+e675673 -e675677]8. The senators s[-e675677]:[+e675679]hall[-e675679] be ineligible[-e675677] & equip Fleets.[+e675679] to and incapable of holding any office under the authority of the united states, [-e675677]

[-e675677]Indian Affairs [+e675679]

during the term for which they are elected, [-e675677]

and for one year thereafter, [-e675677]

[-e675677]to regulate Weights & Measures [+e675679]

except in the instance of those offices, which may be instituted for the [-e675677]better conducting of the business of the senate, while in sess [+e675679]ion

The exclusive [+e675679] ight of coining money [+e675679]

no State to be permitted in future to emit Paper Bills of Credit w[+e675679]Thing but Speci[+e675681]ithout[+e675679 -e675681] the Approval of the National L[+e675679] 1islature [+e675679]

nor to make any Article a Tender in payment of debts [+e675679]

of declaring the Crime & Punishment of Counterfeiting[+e675679] it [+e675679 -e675681]

[+e675679 -e675681] Power to borrow Money — [+e675679]

To appoint a Treasurer by jo[+e675679]call[+e675681]int [+e675679 -e675681]ballot.[+e675679]0. The wages of the senators [-e675679]shall be paid out of the nat [-e675673]treasury of the united[+e675673]make Laws for raising[+e675679] sta[+e675673 -e675679]tes.:[+e675673]

Aid of the [+e675679] [+e675679]

[+e675679] those wages f[-e675679]or texecute the Laws of the Union [+e675679]

to inforce Trea[+e675679]he first six years [-e675679]sha[-e675679]ls [+e675679]

[+e675679]l berepel Invasion and [+e675679]

suppress internal Commotions[+e675679] ____ dolla[-e675679]rs per diem —

at the beginning of the [-e675673]every sixth year after the first[+e675673], the supreme judiciary shall cause a special jury of the most respectable merchants and farmers to be summoned to declare what shall have been the averaged value of wheat during the last si[-e675679]x years, in the state, where the legislature may be sitting: And for the six subsequent years, the senato [+e675679]

[+e675679]

Ins[+e675679]rs shall receive pe[-e675679]r diem[-e675679] the [-e675679]aver[-e675679]ag11[+e675679]ed Article[+e675679] value of ____ b[-e675679]usheTrials for Criminal Offences[+e675679]ls of wheat. [-e675679]

11. The [-e675679]Senat[+e675673 -e675679]house shall have p[-e675679]ower[-e675675] to make r[-e675679]ules foState w[+e675679]r its [-e675679];[+e675675 -e675679]own[-e675679] gov[-e675675] the Offence was committed — by Jury — and a right to mak[+e675679]ernment [-e675679]

12. The Senate shall not adjourn without the concurrence of the[-e675679] h[-e675677]ouse [-e675679]of[-e675677]l Laws necessary to carry the foregoing Powers into Execution —[+e675679] delega[-e675679] for the past or future debts and necessities of the union[+e675675 -e675679]tes for more than one wee[-e675679]k, nor without such concurr[-e675681]ence to any place other than that at which they are sitting.

The following are

1. the legislative powers;

2. No capitation-tax which does not apply to all inhabitants under the abo[+e675675]Treaties of [+e675679]ve li[+e675675] & Alliance[+e675679]mitation & to be levied uniform 3. no in[+e675675][+e675679]

4. to send Embassadors [+e675679]direct tax which is[+e675675] Governor of the united People & States of America.[+e675679] not common to all 4. Delinquencies shall be by distress and sale, and officers of [+e675675]state bound to confor[+e675675 -e675677] by joint Ballot, each House have a Negative on the other[+e675679]m [+e675675 -e675677]

[+e675675 -e675677] 2. with certain exceptions and [-e675677]

3. under certain restrictions [-e675677]

[-e675677]

1. To raise money by taxation, unlimited as to sum, and to establish rules for collection [-e675677]

[-e675677]

Exceptions [-e675677]

No[-e675677]to be C[+e675679] [-e675679]Taxes [-e675677]on expor[-e675679]ts[-e675677] [+e675679]. [-e675677] Chief of[+e675679]— Restrictions 1. direct taxation proportioned[-e675679] to [-e675677] Land & Naval Forc[+e675679]representation [-e675679]

2. To regulate commerce [-e675679]

[-e675679] Exc[-e675677]Union &[+e675679]eptions [-e675679]

[-e675679] [-e675677] 1. no Du[-e675679]t[-e675677]y [-e675679]on ex[-e675677]Militia[+e675679]ports. [-e675679][-e675677]

[-e675677]several states[+e675679] 2. no prohi[-e675679]bition on such Importations of inhabitants [-e675677]

3. no duties by way of s[-e675677]uch prohibition.

Restrictions

1. A navigation act shall not be passed, but with the consent of eleven states in the senate anbefore the supreme judiciary[+e675679]d 10 in the house of representatives. [-e675679]

2. Nor shall any [-e675679]other regulation — and this of Treason Bribery or Corruption.[+e675679]rule shall prevail, whensoev[-e675679]er the subject shall occur in any acVacancy[+e675681]t. [-e675681]

[-e675681] 3. The lawful territory To make treaties of commerce

qu: as to senate Under the fore[-e675681]gos pardon[+e675681]in[-e675681]g restrictions

4. To make treaties of peace or alliance

qu: as to senate under the foregoing restrictions, and

no Increase or decrease during the Term of Service of the Executive [+e675679]

[-e675677] without the surrender of territory for an equivalent,

and in no case, uby taking an oath of office[+e675679]nless a superior title. [-e675679]

5.[-e675679] To make war and raise armies.

6. To provide tribunals and punishment for mere offences against the law of nations.

7. The President of the Senate to succeed to the Executive in Case of death untill the Meeting of the Legislature [+e675679]

The power of pardoning vested in the Executive which shall not however, be pleadable to an Impeachment. [+e675679]

To declare the law of piracy, felonies and captures on the high seas, and captures on land.

[+e675675] 8. To appoint tribunals, inferior to the supreme judiciary.

9. To adjust upon the plan heretofore used all disputes between the States [-e675679]

10. To regul[-e675679]attablish[+e675679]e coining. Paper prohibit [-e675679]

11. To regulate n[-e675679]aturalization

12. To draw forth the militia, or any part, or to authorize the Executive to embody them

13. To establish post-offices

14. To subdue a rebellion in any particular state, on the application of the legislature thereof.

15. To enact articles of war.

16. To regulate the force permitted to be kept in each state.

17. To send embassadors

18. To declare it to be treason to levy war against [+e675673]or adhere to the enemies of the U. S.[-e675681]

19. To organize the government in those things, which ____

All laws of a particular state, repugnaLegislature[+e675679]nt h[-e675679]ereto, shall be void, and in the decision thereon, which shall be vested in the supreme judiciary, all incidents without which the general principles cannot be satisfied shall be considered, as involved in the general principle. [-e675673]

2. The powers belonging peculiarly to the representatives are those in disputes between a State & a Citizen or Citizens of another State [+e675679]

concerning money-bills

3. The powers destined for teven[+e675675]he[-e675675] senate peculiarly, are

1. To make treaties of commerce

2. to make peace & in Cases of Admiralty Jurisdiction[+e675679]

3. to appoint the judiciary

4. The executive

1. shall consist of a in Cases of Impeachment & in those instances,[+e675679] single person.

2. who shall be elected by the Legislature

3. and shall [+e675673]hold his office for the term of six years

4. and shall be ineligible thereafter.

5. His powers shall be

1. to carry into execution the national laws.

2. to command and superintend the militia,

3. to direct their discipline [-e675679]

4. to direct the e[-e675679]xecutives of the states to call them or any part for the [+e675673]sS[+e675679]upport of the national government [-e675679]

[-e675679] lawfully arising & if[+e675679] 5. to appoint to offices not otherwise provided[-e675679] for.

L[+e675679] [-e675679] 6ny of the[+e675679].[-e675677] resent S[+e675679]to be remov[-e675679]eabls[+e675679]e[-e675679] on C[+e675679]impea[-e675679]chment,

[-e675679] mLegislatur[+e675679]ade b[-e675679]y the hose S[+e675679]ouse[-e675679] of s[+e675679]representatives and on [-e675673]conviction

⅔ds[+e675679] o[-e675679]f ma [+e675677]lpractice

the like No in the [+e675679] or neglect of duty;

before the On applic[+e675681]supreme [-e675681]judici[-e675679]of ⅔ds of[+e675681]ary [-e675681]

[-e675681] 7. t[-e675679]State Legislatures to the National Legislature[+e675681]o receive a fixed com[-e675681]pens[-e675679]y call a Conven[+e675681]ation fo[-e675681]r [-e675679]

[-e675679]to revise or alter the Articles of Un[+e675681] the devotion of his time t[-e675681]o public service

the quantum of which shall be 10. receiving embassadors [+e675675]

11. commiss[+e675675]ioni[+e675675 -e675679]ng officers. [+e675675]

[+e675675] 12. convene[+e675675 -e675679] [+e675675]legislat[+e675675 -e675679]ure [+e675675][+e675675 -e675679]

settled [-e675679]

[-e675679] Time.[+e675679] by the national legislature [-e675679]

to be paid out of[-e675679] the national treasury

8. and[-e675673] to have a qualified negative on legislative acts so as to require rep3[+e675679]a[-e675679]ssing by ⅔

9. and shall swear fidelity to the union2[+e675679],[-e675679] as the legislature shall direct.

[+e675673]

5. The Judiciary

in the last Case [+e675679] 1. shall consist of one supreme tribunal

2. the judges whereof shall be appointed by the senate

3.[-e675675] and of such inferior tribunals, as the legislature may appoint

4. the judges of which shall be also appointed by the senate —

5 all the judges shall hold their offices during goo in each State[+e675679]d be and shall swear fidelity to the union. [+e675675]

haviour;

6. and shall receive punctually,

at stated times

a fixed compensation for their services, to be settled by the legislature

in which no diminution shall be made, so as to affect th⅔d[+e675679]e pe[-e675679]rsons actually in office a by a Convention[+e675679]t the time of such diminution. [-e675679]

7. The jurisdictio[-e675679]n of the supreme tribunal shall extend

Conventions[+e675679] 1 to all c[-e675679]ases, arising under laws passed by the general ____

2. to impeachments of officers, and

3. to such [+e675673]other cases, as the national legislature may assign, as involving the national peace and harmony,

in the collection of the revenue

in disputes between citizens of different states

in disputes between different states; and

in disputes, in which subjects or citizens of other countries are concerned

But this supreme jurisdiction shall be appellate only, except in those instances, in which the Place &[+e675679]the [-e675679]legislature shall make it original. and the legislature shall organize it [-e675679]

8. The whole or a part o[-e675679]f the jurisdiction aforesaid according to the discretion of the legislature may be assigned to the inferior tribunals, as original tribunals.

Miscellaneous provisions

1. New states soliciting admission into the Union

1. must be within the present limits of the united states

2. must lawfully arise, that is

a) in the territory of the united states, with the assent of the legislature

b) within the limits of a particular state, by the consent of a major part of the people of that state.

3. shall be admitted only on the suffrage of ____ in the house of representatives and Senate

4. & shall be admitted on the same terms with the or[-e675677]iginal states but the number of states or votes required on particular measures shall be readjusted —

5. provided always, that the legislature may use their discretion in admitt[+e675673]refus[-e675673]ing or rejecting, and may make any condition concerning the old debt of the union

6. provided also, that the western states are intitled to admission on the terms specified in the act of congress of ____

2. The guarantee is

1. to prevent the establishment of any government, not republican

2. to protect each state against internal commotion: and

3. against external invasion.

4. But this guarantee shall not operate without an application from the legislature of a state.

5. ____

3. The legislative executive and judiciaries of the states shall swear fidelity to the union, as the national legislature shall direct.

4. The ratification of the reform is — after the approbation of congress — to be made

by a special conventnine[+e675675]ion [-e675675]

[-e675675] recommended by the assembly

to be chosen for the express purpose

of considering and approving and rejecting it in toto[+e675673]:

and this recommendation may be used from time to time

5. An alteration may be effected in the articles of union, on the application of two thirds of theAfter such publication, or with th[+e675675] state leg[-e675675]isassent of [+e675675]lat major part [+e675675]ur[-e675675]es the assenting states[+e675675]

6. The plighting of faith ou from the giving of the assent of the ninth state.[+e675675]ght to be in solemn terms

Addenda

1. The assent of the major par according to the seventh article[+e675675]t of the people of ____ states shall give operation[+e675673]birth[-e675673] to this constitution

2. Each assenting state shall notify its assent to congress: who shall publish a day for its commencement, not exceeding the failure thereof, after the expiration of ____ days

1. each legislature shall direct the choice of representatives, and provide for their support:

2. each legislature shall also choose senators; and provide for their support

3. they shall meet at ____ on the day assigned by congress, or as the major part of the assenting states shall agree, on any other day.

4. They shall as soon as may be after meeting elect the executive: and proceed to execute this constitution.

The object of an address is to satisfy the people of the propriety of the proposed reform.

To this end the following plan seems worthy of adoption

1. To state the general objects of a confederation.

2. To shew by general, but pointed observations, in what respect[+e675673]particular[-e675673]s, our confederation has fallen short of those objects.

3. The powers, necessary to be given, will then follow as a consequence of the defects

4. A question next arises, whether these powers can with propriety [+e675673]be vested in congress. The answer is, that they cannot

5. But[+e675673] As some states may possibly meditate partial confederations, it would be fit now to refute this opinion briefly.

6. It follows then, that a government of the whole on national principles, with respect to taxation &c is most eligible.

7. This would lead to a short exposition of the leading particulars in the constitution.

8. This done, conclude in a suitable manner.

This is the shortest scheme, which can be adopted. For it would be strange to ask for [-e675673]new powers, without assigning some reason — it matters not how general soever — which may apply to all of them Besides we ought to furnish the advocates of the plan [+e675673]in the country with some general topics. Now I conceive, that these heads do not more, than comprehend the necessary points.

• Document IV: Randolph's Constitutional Framework (introduced on 1787-07-25 11:00:00 - CREATE - e675660) [This document]

• Document IV: Randolph's Constitutional Framework (introduced on 1787-07-25 11:00:00 - CREATE - e675660) [This document] [view current proposal at this moment]
  • Document IV: Randolph's Initial Amendments (introduced on 1787-07-29 11:00:00 - PROPOSE_DOCUMENT_AMENDMENT - e675673) [view current proposal at this moment]
    • None (introduced on 1787-07-29 11:00:00 - ADOPT_PROPOSAL - e675674) [view current proposal at this moment]
    • Randolph's Substantive Amendments (introduced on 1787-07-29 11:00:00 - PROPOSE_DOCUMENT_AMENDMENT - e675675) [view current proposal at this moment]
      • None (introduced on 1787-07-29 11:00:00 - ADOPT_PROPOSAL - e675676) [view current proposal at this moment]
  • Further Amendments (introduced on 1787-07-29 11:00:00 - PROPOSE_DOCUMENT_AMENDMENT - e675677) [view current proposal at this moment]
    • None (introduced on 1787-07-29 11:00:00 - ADOPT_PROPOSAL - e675678) [view current proposal at this moment]
  • Rutledge's Amendments (introduced on 1787-07-29 11:00:00 - PROPOSE_DOCUMENT_AMENDMENT - e675679) [view current proposal at this moment]
    • None (introduced on 1787-07-29 11:00:00 - ADOPT_PROPOSAL - e675680) [view current proposal at this moment]
    • Rutledge's Final Amendments (introduced on 1787-07-29 11:00:00 - PROPOSE_DOCUMENT_AMENDMENT - e675681) [view current proposal at this moment]
      • None (introduced on 1787-07-29 11:00:00 - ADOPT_PROPOSAL - e675682) [view current proposal at this moment]