reported to the convention nineteen resolutions founded on those proposed by Randolph.

RESOLUTIONS OF THE COMMITTEE OF THE WHOLE

1. Resolved, That it is the opinion of this committee that a national government ought to be established, consisting of a supreme legislative, judiciary, and executive.

2. Resolved, That the national legislature ought to consist of two branches.

3. Resolved, That the members of the first branch of the national legislature ought to be elected by the people of the several States for the term of three years, to receive fixed stipends, by which they may be compensated for the devotion of their time to public service to be paid out of the national treasury; to be ineligible to any office established by a particular State, or under the authority of the United States (except those peculiarly belonging to the functions of the first branch) during the term of service, and under the national government, for the space of one year after its expiration.

4. Resolved, That the members of the second branch of the national legislature ought to be chosen by the individual legislatures; to be of the age of thirty years at least; to hold their offices for a term sufficient to insure their independencynamely, seven years; to receive fixed stipends, by which they may be compensated for the devotion of their time to public service, to be paid out of the national treasury; to be ineligible to any office established by a particular State, or under the authority of the United States (except those peculiarly belonging to the functions of the second branch) during the term of service, and under the national government, for the space of one year after its expiration.

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

6. Resolved, That the national legislature ought to be empowered to enjoy the legislative rights vested in Congress by the Confederation; and, moreover, to legislate in all cases to which the separate States are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation; to negative all laws passed by the several States contravening, in the opinion of the national legislature, the Articles of Union, or any treaties subsisting under the authority of the Union.

7. Resolved, That the right of suffrage in the first branch

of the national legislature ought not to be according to the rule established in the Articles of Confederation, but according to some equitable ratio of representation, namely, in proportion to the whole number of white and other free citizens, and inhabitants of every age, sex, and condition, including those bound to servitude for a term of years, and three-fifths of all other persons not comprehended in the foregoing description, except Indians not paying taxes, in each State.

8. Resolved, That the rights of suffrage in the second branch of the national legislature ought to be according to the rule established for the first.

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

10. 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.

11. Resolved, That a national judiciary be established, to consist of one supreme tribunal; the judges of which to be appointed by the second branch of the national legislature; to hold their offices during good behavior; 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.

12. Resolved, That the national legislature be empowered to appoint inferior tribunals.

13. Resolved, That the jurisdiction of the national judiciary shall extend to cases which respect the collection of the national revenue, impeachment of any national officers, and questions which involve the national peace and harmony.

14. Resolved, That provision ought to be made for the admission of 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.

15. Resolved, That provision ought to be made for the

continuance of Congress and their authorities until a given day after the reform of the Articles of Union shall be adopted, and for the completion of all their engagements.

16. Resolved, That a republican constitution, and its existing laws, ought to be guaranteed to each State by the United States.

17. Resolved, That provision ought to be made for the amendment of the Articles of Union whensoever it shall seem necessary.

18. Resolved, That the legislative, executive, and judiciary powers within the several States ought to be bound by oath to support the Articles of Union.

19. Resolved, That the amendments which shall be offered to the Confederation by the convention ought, at a proper time or times after the approbation of Congress, to be submitted to an assembly, or assemblies of representatives, recommended by the several legislatures to be expressly chosen by the people to consider and decide thereon.

On the 15th of June William Paterson of New Jersey presented a plan of the Constitution.

PATERSON'S PLAN

This plan was a revision of the Articles of Confederation, giving Congress power to impose customs duties, stamps on paper, and postage for Federal revenue; to regulate foreign and interstate commerce, fines, etc., to be adjudicated by the judiciaries of the State where offences were committed, with appeal to the Federal judiciary, and to make requisitions of funds upon the States in proportion to the number of free citizens in each when a fixed proportion of States should authorize the requisitions.

A Federal executive of a fixed number of persons was to be appointed by Congress to serve for a fixed term; to be paid a fixed sum out of the Federal treasury with no change in the same during service; to be ineligible to hold other offices during service, and for a fixed time thereafter, and to be impeachable by a majority of State executives-which Federal executive was empowered to execute Federal acts, appoint Federal officers not otherwise chosen, and direct military operations, though not in person.

A Federal judiciary was to be appointed by Congress to hold office during good behavior; to be paid under the conditions of the executive salaries; to adjudicate impeachments of

Federal officers, and finally decide on all cases concerned with foreign affairs and Federal revenue.

State legislatures, executives, and judiciaries were to swear to support the Articles of Union.

Federal acts, above authorized, to be supreme over State acts on the subjects, and the Federal Government to be empowered to call on as many as necessary of the State governments to enforce them.

Provisions to be made for admission of new States and for adjudicating territorial disputes between the States.

Uniform rules of naturalization to be adopted by the States. A citizen of one State committing an offence in another to be punished according to the law of his own State.

CHAPTER XI

PEOPLE OR STATES?

[DEBATE IN THE CONSTITUTIONAL CONVENTION ON THE BASIS OF REPRESENTATION]

Debate on the "Jersey Plan" of Equal Representation of States in Congress: in favor, John Lansing, Jr. [N. Y.], William Paterson [N. J.], Judge Oliver Ellsworth [Ct.]; opposed, James Wilson [Pa.], Gen. Charles Cotesworth Pinckney [S. C.], Gov. Edmund Randolph [Va.], Alexander Hamilton [N. Y.], James Madison [Va.]; the Plan Is Rejected.

TH

HE great issue of the Convention was now fairly before it. The Virginia plan, presented by the committee of the whole, was not a mere revision of the Articles of the Confederation, but an entirely new national system, a government in which the people of the entire Union were proportionately represented, and which possessed supremacy in national affairs over the governments of the several States. The Jersey plan (as it was afterward called), presented by Mr. Paterson, was little more than a revision of the Articles of Confederation, enlarging the powers of Congress, it is true, but keeping it still in subordination to the State governments as far as was possible with this enlargement, and continuing the feature of equal representation of the States. Representatives of the more populous States were naturally in favor of the Virginia plan, and those from the less populous States of the Jersey plan.

Alexander Hamilton was not in accord with either plan, and suggested that both be committed to the committee of the whole, in order that a comparative estimate might be had of the two. Thereupon it was agreed that the convention resolve itself into a committee of