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Margie Burns’s article ‘The Mystery of Charles Pinckney's Draft of the U.S. Constitution Revisited’, The South Carolina Historical Magazine, Vol. 117, No. 3 (2016), argues that the long searched for original of Pinckney’s Plan was published at the end of the 19th century. She suggests that it can be found in certain first edition copies of Volume 1 of the Documentary History the United States of America, 1787-1870 (1894). The editors take no view on this, but reproduce the document in question for comparison with other versions of the plan.

Description

Margie Burns’s article ‘The Mystery of Charles Pinckney's Draft of the U.S. Constitution Revisited’, The South Carolina Historical Magazine, Vol. 117, No. 3 (2016), argues that the long searched for original of Pinckney’s Plan was published at the end of the 19th century. She suggests that it can be found in certain first edition copies of Volume 1 of the Documentary History the United States of America, 1787-1870 (1894). The editors take no view on this, but reproduce the document in question for comparison with other versions of the plan.

Content

We the people of the ["United" stricken out] States of New Hampshire, Massachusetts, Rhode Island & Providence Plantations, Connecticut, New York, New Jersey, Pensylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, do ordain, declare, and establish the following constitution for the Government of ourselves and
posterity.

Article I.
The Stile of this Government shall be the United States of America, and 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 ; and 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; and the qualification 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 ____ years of age, and a resident in the State he is chosen for until a Census of the people shall be taken in the manner herein after mentioned. The House of Delegates shall consist of to be chosen from the different States in the following proportions : For New Hampshire, ____ for Massachusetts, ____ for Rhode Island, ____ for Connecticut, ____ for New York, ____ for New Jersey, ____ for Pensylvania, ____ for Delaware, ____ for Maryland, ____ for Virginia, ____ for North Carolina, ____ for South Carolina, ____ for Georgia, ____ and the Legislature shall hereafter regulate the number of Delegates by the number of inhabitants, acording 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, and shall not be altered by the Senate. The House
of Delegates shall exclusively possess the power of impeachment, and shall choose its own officers ; and 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 and chosen by the House of Delegates ; which House, immediately after their meeting, shall choose by ballot ____ Senators

from amag the Citizens and residents of New Hampshire, ____ from among those ["Citizens" stricken out] 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 Pensylvania, ____ among those of Delaware, ____ from among those of Maryland, ____ from among those of Virginia, ____ from among those of North Carolina, ____ from among those of South Carolina, & ____ from among those of Georgia — The Senators chosen from New Hampshire, Massachusetts, Rhode Island, and Connecticut, shall form one class; those from New York, New Jersey, Pensylvania, and Delaware, one Class ;—and those from Maryland, Virginia, North Carolina, South Carolina, & Georgia, one class. The House of Delegates shall number these classes one, two, and three ; and fix the times of their service by Lot. The first class shall serve for ____ years; the second for ____ years; & the thirds for ____ years. As their times of service expire, the House of Delegates shall fill them up by Elections for ____; and they shall hall 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 least; shall hall have been a Citizen of the United States 4 years before his election ; and shall be a resident of the State he is chosen from. The Senate shall choose its own Officers

5
Each State shall prescribe the time and manner of holding elections by the people for the House of Delegates ; and the House of Delegates shall be the judges of the Elections, returns, and qualifications of their Members.

In each House a Majority shall constitute a quorum to do business. Freedom of Speech and Debate in the Legislature shall not be impeached, or questioned, in any place out of it; and 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 of Congress, and in going to and returning from Both Houses shall keep Journals of their proceedings, and publish them, except on Secret Occasions and the yeas and 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

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. States which they represent. Every Bill, which shall have passed the Legislature, shall be presented to the President of the United States for his revision he approves he shall sign it; but he does not approve he shall return with his objections, to the House originated in; which House, if two thirds of the members present, notwithstanding the President’s objections, agree to pass it, shall send to the other House, with the Presidents objections; where, two thirds of the Members present also agree to pass it, the same shall become a law; and all bills sent to the President, and 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 and collect taxes, duties, imposts and excises;
To regulate Commerce with all nations and among the Several States :—
To borrow Money and emit bills of credit ;
To establish post offices ;
To raise Armies ;
To build and equip Fleets ;
To pass laws for Arming, organizing, and 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, and fix the standard of weights and measures ;
To provide such Dock yards and arsenals, and erect such Fortifications as may be necessary for the United States, and to exercise exclusive jurisdiction therein ;
To appoint a Treasurer, by ballot ;
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 and punishment of piracies and felonies at Sea, and of counterfeiting Coin, and 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 ____
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 proportion 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, and within the term of every ____ year 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 Habeus 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, and all Treaties made under the authority of the United States, shall be the Supreme Law of the Land ; and all Judges shall be bound to consider them as such in their decisions.

7
The Senate shall have the sole and exclusive power to declare War ; and to make Treaties ; and to appoint Ambassadors and other Ministers, to Foreign Nations ; and Judges of the Supreme Court.

They shall have the exclusive power to regulate the Manner of deciding all disputes and 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 ; and his tide shall be His Excellency. He shall be elected for ____ years ; and shall be reeligible.

He shall from time to time give information, to the Legislature, of the State of the Union, and 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 ; and, except as to Ambassadors, other Ministers, and Judges of the Supreme Court, he shall nominate, and, with the consent of the Senate, appoint, all other officers of the United States. He shall receive publick Ministers from Foreign Nations ; and may correspond with the Executives of the different States. He shall have power to grant pardons and reprieves, except in impeachments. He shall be commander in chief of the Army and Navy of the United States, and of the Militia of the several States ; and shall receive 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 faithfully to execute the duties of a President of the United States. He shall be removed from his office on impeachment by the House of Delegates, and 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 ["l" stricken out] another President be chosen, and in case of the Death of the President of the Senate, the Speaker of the House of Delegates shall do so.

9
The Legislature of the United States shall have the power, and it shall be their duty, to establish such Courts of Law, Equity, & admiralty, as shall be necessary. —The Judges of the Courts shall hold their offices during good behavior ; and receive 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 Abassadors, other publick Ministers and Consuls ; to the trial of impeachment of Officers of the United States; to all cases of Admiralty & Maritime jurisdiction. In cases of impeachment affecting Ambassadors, and other publick Ministers, this jurisdiction shall be original ; and in all the other cases appellate.

All Criminal offences (except in cases of impeachment) shall be tried in the State where they shall be committed. The trials shall be open & publick, and be by Jury. —

10
Immediately after the first Census of the people of the 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 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 And 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 suppased to infringe the powers exclusively delegated by this Constitution to Congress, and to negative and annul such as do.

12
The Citizens of each State shall be entitled to all privileges and 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, and removed to the State having jurisdiction of the offence.

13
Full faith shall be given, in each State, to the acts of the Legislature and to the records and judicial proceedings of the Courts and 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 domestick insurrection

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 Ratification of the ____ Conventions of ____ States shall be sufficient for organizing this Constitution. ———

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Documentary History the United States of America, 1787-1870, Vol. 1 (1894)