at the same time of such increase or diminution. That the jurisdiction of the inferior tribunals shall be to hear and determine, in the first instance, and of the supreme tribunal to hear and determine, in the dernier ressort, all piracies and felonies on the high seas; captures from an enemy; cases in which foreigners, or citizens of other States, applying to such jurisdictions, may be interested; or which respect the collection of the national revenue; impeachments of any national officers, and questions which may involve the national peace and harmony.

10. "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.

11. "Resolved, that a republican government, and the territory of each State, except in the instance of a voluntary junction of government and territory, ought to be guaranteed by the United States to each State.

12. "Resolved, that provision ought to be made for the continuance of Congress and their authorities and privileges, until a given day after the reform of the Articles of Union shall be adopted, and for the completion of all their engagements.

13. "Resolved, that provision ought to be made for the amendment of the Articles of Union, whensoever it shall seem necessary; and that the assent of the National Legislature ought not to be required thereto.

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

15. "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.1

1 Journal, 61, 64.

Appendix No. 5.

PLAN OF A CONSTITUTION.

By Charles Pinckney.

ARTICLE I.

"The style of this government shall be, The United States of America, and the government shall consist of supreme legislative, executive and judicial powers.

ARTICLE II.

"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 in every year.

day of

ARTICLE III.

"The members of the House of Delegates shall be chosen every year by the people of the several States; and 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 Uni

ted States for -years; and 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 hereinafter 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 Pennsylvania, ; for Delaware,

-; for Maryland, ; for Virginia, ; for North Carolina, ; for South Carolina, ; for Georgia, ; and the Legislature shall hereinafter regulate the number of Delegates by the number of inhabitants, according to the provisions hereinafter 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.

ARTICLE IV.

"The Senate shall be elected and chosen by the House of Delegates; which House, immediately after their meeting, shall choose by ballot Senators from among the citizens and residents of New Hampshire; from among

those of Massachusetts; from among those of Rhode Is- from among those of Connecticut;

land;

from

from among those of New of Pennsylvania; from from among those of Maryfrom among

among those of New York; Jersey; from among those among those of Delaware; land; from among those of Virginia; those of North Carolina; from among those of South Carolina; and 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, Pennsylvania, and Delaware, one class; and those from Maryland, Virginia, North Carolina, South Carolina, and 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; and the third for

years; the second for years. As their times

of service expire, the House of Delegates shall fill them up by elections for years; and 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 least; and shall have been a citizen of the United States for four years before his election; and shall be a resident of the State he is chosen from. The Senate shall choose its own officers.

ARTICLE V.

"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 on Congress, and in going to and returning from it. 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; 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 President's objections, agree to pass it, shall send it to the other House, with the President's objections; where if 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.

ARTICLE VI.

"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, and regulate the value of all coins, and fix the standard of weights and measures;

To provide such dockyards 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 posts and 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, and repel invasions;

And 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.