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Plans Presented to the U.S. Consitutional Convention
New Jersey Plan
Friday, 15 June 1787
APPENDIX E: THE NEW JERSEY PLAN OR PATERSON RESOLUTIONS
Farrand writes:
"When the Convention, in Committee of the Whole was evidently coming to a favorable conclusion in its consideration of the Virginia Plan, various representatives of the opposition — mainly from the smaller states — met together and drafted a series of resolutions, which was presented to the Convention on June 15. Paterson of New Jersey had apparently taken the lead in this movement and he was chosen to present the resolutions to the Convention. These resolutions have accordingly been known as the New Jersey Plan, or the Paterson Resolutions.
Several copies of the New Jersey Plan are in existence, containing the usual minor differences in wording, spelling, and punctuation. But they also differ in more important particulars: — The Madison and Washington copies are practically identical, but the other copies contain two additional resolutions: a sixth, “that the legislative, executive, and judiciary powers within the several States ought to be bound by oath to support the Articles of Union;” and a ninth, “that provision ought to be made for hearing and deciding upon all disputes arising between the United States and an individual State respecting territory.” Also in the fourth resolution, the Madison and Washington copies read, that the Executive shall be “removable by Congress on application by a majority of the executives of the several States,” while the Brearley and Paterson copies read “removable on impeachment and conviction for malpractice or neglect of duty by Congress on application by a majority of the executives of the several States.”"
Plans Presented to the U.S. Consitutional Convention
(To go a specific resource item, please click on its link.)
- Hamilton Plan (Draft)
- Hamilton Plan (Madison's Version)
- Hamilton Plan (Redraft)
- New Jersey Plan
- New Jersey Plan (Draft)
- Pinckney Plan (Documentary History Version)
- Pinckney Plan (Recreated Original)
- Pinckney Plan (Redraft)
- Randolph’s Suggestion for Conciliating the Small States
- Sherman's Proposals
- Virginia Plan (Madison's Version)
Description
APPENDIX E: THE NEW JERSEY PLAN OR PATERSON RESOLUTIONS
Farrand writes:
"When the Convention, in Committee of the Whole was evidently coming to a favorable conclusion in its consideration of the Virginia Plan, various representatives of the opposition — mainly from the smaller states — met together and drafted a series of resolutions, which was presented to the Convention on June 15. Paterson of New Jersey had apparently taken the lead in this movement and he was chosen to present the resolutions to the Convention. These resolutions have accordingly been known as the New Jersey Plan, or the Paterson Resolutions.
Several copies of the New Jersey Plan are in existence, containing the usual minor differences in wording, spelling, and punctuation. But they also differ in more important particulars: — The Madison and Washington copies are practically identical, but the other copies contain two additional resolutions: a sixth, “that the legislative, executive, and judiciary powers within the several States ought to be bound by oath to support the Articles of Union;” and a ninth, “that provision ought to be made for hearing and deciding upon all disputes arising between the United States and an individual State respecting territory.” Also in the fourth resolution, the Madison and Washington copies read, that the Executive shall be “removable by Congress on application by a majority of the executives of the several States,” while the Brearley and Paterson copies read “removable on impeachment and conviction for malpractice or neglect of duty by Congress on application by a majority of the executives of the several States.”"
Content
1. Resd. that the articles of Confederation ought to be so revised, corrected & enlarged, as to render the federal Constitution adequate to the exigences of Government, & the preservation of the Union.
2. Resd. that in addition to the powers vested in the U. 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 merchandizes of foreign growth or manufacture, imported into any part of the U. 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 & expedient; to make rules & regulations for the collection thereof; and the same from time to time, to alter & amend in such manner as they shall think proper: to pass Acts for the regulation of trade & commerce as well with foreign nations as with each other: provided that all punishments, fines, forfeitures & penalties to be incurred for contravening such acts rules and regulations shall be adjudged by the Common law Judiciarys of the State in which any offence contrary to the true intent & meaning of such Acts rules & regulations shall have been committed or perpetrated, with liberty of commencing in the first instance all suits & prosecutions for that purpose in the superior Common law Judiciary in such State, subject nevertheless, for the correction of all errors, both in law & fact in rendering judgment, to an appeal to the Judiciary of the U. States.
3. Resd. that whenever requisitions shall be necessary, instead of the rule for making requisitions mentioned in the articles of Confederation, the United States in Congs. be authorized to make such requisitions in proportion to the whole number of white & other free citizens & inhabitants of every age sex and condition including those bound to servitude for a term of years & 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 collection thereof in the non complying States & for that purpose to devise and pass acts directing & authorizing the same; provided that none of the powers hereby vested in the U. States in Congs. shall be exercised without the consent of at least States, and in that proportion if the number of Confederated States should hereafter be increased or diminished.
4. Resd. that the U. States in Congs. be authorized to elect a federal Executive to consist ofpersons, to continue in office for the term ofyears, 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 foryears thereafter; to be ineligible a second time, & removeable by Congs. on application by a majority of the Executives of the several States; that the Executives besides their general authority to execute the federal acts ought to appoint all federal officers not otherwise provided for, & 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 enterprise as General, or in other capacity.
5. Resd. that a federal Judiciary be established to consist of a supreme Tribunal the Judges of which to be appointed by the Executive, & to hold their offices during good behaviour, 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 diminution; that the Judiciary so established shall have authority to hear & determine in the first instance on all impeachments of federal officers, & by way of appeal in the dernier resort in all cases touching the rights of Ambassadors, in all cases of captures from an enemy, in all cases of piracies & felonies on the high seas, in all cases in which foreigners may be interested, in the construction of any treaty or treaties, or which may arise on any of the Acts for regulation of trade, or the collection of the federal Revenue: that none of the Judiciary shall during the time they remain in Office be capable of receiving or holding any other office or appointment during their time of service, or forthereafter.
6. Resd. that all Acts of the U. States in Congs. made by virtue & in pursuance of the powers hereby & by the articles of confederation vested in them, and all Treaties made & ratified under the authority of the U. States shall be the supreme law of the respective States so far forth as those Acts or Treaties shall relate to the said States or their Citizens, and that the Judiciary of the several States shall be bound thereby in their decisions, any thing in the respective laws of the Individual States to the contrary notwithstanding; and that if any State, or any body of men in any State shall oppose or prevent ye. carrying into execution such acts or treaties, the federal Executive shall be authorized to call forth ye power of the Confederated States, or so much thereof as may be necessary to enforce and compel an obedience to such Acts, or an Observance of such Treaties.
7. Resd. that provision be made for the admission of new States into the Union.
8. Resd. the rule for naturalization ought to be the same in every State
9. Resd. that a Citizen of one State committing an offence in another State of the Union, shall be deemed guilty of the same offence as if it had been committed by a Citizen of the State in which the Offence was committed.
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Appendix E (Max Farrand, 1911)