Details
APPENDIX D: THE PINCKNEY PLAN
Farrand writes:
On May 29, after Randolph had presented the Virginia Plan to the Convention, “Mr. Charles Pinckney . . . laid before the House for their consideration, the draught of a fœderal government to be agreed upon between the free and independent States of America.” This plan was referred to the Committee of the Whole House, which was to take the Virginia Plan into consideration. Nothing more is recorded of it, except that on July 24 the Committee of the Whole was formally discharged from further consideration of it and it was referred to the Committee of Detail which was appointed to draft a constitution upon the basis of the proceedings of the Convention at that date.
When John Quincy Adams was preparing the Journal for publication, the Pinckney Plan was not to be found among the secretary’s papers, and Pinckney himself was appealed to for a copy of the missing document. In response Pinckney stated:
“I have already informed you I have several rough draughts of the Constitution I proposed & that they are all substantially the same differing only in words & the arrangement of the Articles — at the distance of nearly thirty two Years it is impossible for me now to say which of the 4 or 5 draughts I have was the one but enclosed I send you the one I believe was it — I repeat however that they are substantially the same differing only in form & unessentials — — ”.
Adams accepted this statement and printed the following document...
Only a few of the members of the Convention were still living when the Journal was published in 1819, but two of those, King and Madison, expressed privately their conviction that the document printed in the Journal was not the same as that originally presented by Pinckney in 1787. Madison also prepared a somewhat elaborate criticism to be appended to the document, which he evidently intended to include in his Debates.
It does not seem necessary in this connection to do anything more than point out the lines of evidence followed in disproving the document in question. In the first place, the writing, the ink, and the paper of the document are the same as the letter accompanying it — the paper bearing the watermark of 1797 — so that it cannot be the original, but was probably copied or prepared in 1818. In the second place, its provisions, in several important particulars, are directly at variance with Pinckney’s opinions as expressed in the Convention. In the next place, the document embodies several provisions that were only reached after weeks of bitter disputes — compromises and details, that it was impossible for any human being to have forecast accurately. And finally, shortly after the Convention was over, Pinckney printed for private circulation a pamphlet entitled “Observations on the Plan of Government submitted to the Federal Convention, by Mr. Charles Pinckney”, etc., which seems to have been a speech prepared in advance to be delivered in presenting his plan to the Convention, but which never was delivered, owing probably to lack of time. This speech outlines the principal features of the plan which differ radically from the provisions of the document sent to John Quincy Adams.
Content
We the People of the States of New Hampshire Massachusetts Rhode Island & Providence Plantations —Connecticut New York New Jersey Pennyslvania Delaware Maryland Virginia North Caroline South Carolina & Georgia do ordain, declare & establish the following Constitution for the Government of Ourselves & Posterity.
Article 1:
The Stile of This Government shall be The United States of America & The Government shall consist of supreme legislative Executive and 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 ____ in every Year
3
The members of the House of Delegates shall be chosen every Year by the people of the several States & the qualifications 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 —shall be of ____ Yea of age & a resident of the State he is chosen for—until a census of the people shall be taken in the manner herein aftermentioned the House of Delegates shall consist of ____ to be chosen from the different states in the following proportions —
____ for New Hampshire. ____ for Massachusetts ____ for New York
____ for Rhode Island —____ for Connecticut. ____ for Delaware
____ for New Jersey. ____ for Pennsylvania. ____ for North Caroline
____ for Maryld: ____ for Virginie. ____ for Georgia
____ for South Carolina—
& 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 Pennsylvanie ____ from among those of Delaware — ____ from among those of Maryland. ____ from among those of Virginia ____ from among those of North Caroline ____ from among those of South Caroline & ____ 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 Pennsylvanie & Delaware one class — & those from Maryland Virginia North Caroline South Caroline & 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 leest — 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 it’s 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 busiiness — 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
t 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 State’s 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 Presidents objections agree to pass it, shall send it to the other house with the Presidents 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
6
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 ballott
To constitute Tribunals inferior to the Supreme Court
To establish Post & military Roads
To establish and 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 } counterfieting 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 & 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 proportions 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 ____ Years 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 stile & his title shall be His Excellency — — He shall be elected for ____ Years & shall be reeligible
He shall from 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 & 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 recieve 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 to faithfully 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 s shall do so — —
9
The Legislature of the United States shall have the Power & it shall be their duty to establish such Courts of Law Equity & Admiralty as shall be necessary — the Judges of these Courts shall hold their Offices during good behaviour & recieve 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 impeachments of Officers of the United States — To all cases of Admiralty & maritime jurisdiction — In cases of impeachment affecting Ambassadors & other public Ministers the Jurisdiction shall be original & in all the other cases appellate —
All Criminal offenses, (except in cases of impeachment) shall be tried in the State where they shall be committed — the trial shall be open & public & be by Jury —
10
Immediately after the first census of the people of 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 such state shall have in the house of Delegates — Each State however 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 is 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 the 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 Offense —
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 insurrections
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 Ratifications of the Conventions of States shall be sufficient for organizing this Constitution — —