In the draught of a fundamental constitution, two things deserve attention:

1. To insert essential principles only, lest the operations of government should be clogged by rendering those provisions permanent and unalterable, which ought to be accomodated to times and events. And

2. To use simple and precise language, and general propositions, according to the example of the constitutions of the several states. For the construction of a constitution of necessarrily differs from that of law

1. A preamble seems proper not for the purpose of designating the ends of government and human polities — This display of theory, howsoever proper in the first formation of state governments, is unfit here; since we are not working on the natural rights of men not yet gathered into society, but upon those rights, modified by society, and interwoven with what we call the rights of states — Nor yet is it proper for the purpose of mutually pledging the faith of the parties for the observance of the articles — This may be done more solemnly at the close of the draught, as in the confederation — But the object of our preamble ought to be briefly to declare, that the present foederal government is insufficient to the general happiness, that the conviction of this fact gave birth to this convention; and that the only effectual means which they could devise, for curing this insufficiency, is the establishment of a supreme legislative executive and judiciary — Let it be next declared, that the following are the constitution and fundamentals of government for the United States — After this introduction, let us proceed to the

2. First resolution — This resolution involves three particulars

1. the style of the United States, which may continue as it now is.

2. a declaration that an supreme legislative executive and judiciary shall be established; and

3. a declaration, that these departments shall be distinct, and independent of each other, except in specified cases.

In the next place, treat of the legislative, judiciary and executive in their order, and afterwards, of the miscellaneous subjects, as they occur, bringing together all the resolutions, belonging to the same point, howsoever they may be scattared about and leaving to the last the steps necessary to introduce the government — The following plan is therefore submitted

I. The Legislative

1. shall consist of two branches: viz:

a) a house of delegates; and

b) a senate;

2. which together shall be called “the legislature of the United States of America”.

3. a) The house of delegates

1. shall never be greater in number than ____

To effect this, pursue a rule, similar to that prescribed in the 16th. article of the New-York constitution.

2. Each state shall send delegates, according to the ratio, recommended by congress

3. to ascertain this point, let a census be taken in due time as the national legislature shall direct; within six years from the first meeting of the legislature; and once in every term of ten years thereafter

4. the census being taken and returned, the legislature shall apportion the representation:

5. The qualifications of delegates shall be the age of twenty five years at least. and citizenship: and any person possessing these qualifications may be elected except ____

6. Their duration in office shall be for two years.

7. The elections shall be biennially held on the same day through the same state: except in case of accidents, and where an adjournment to the succeeding day may be necessary.

8. The place shall be fixed by the national legislature from time to time,

9. So shall the presiding officer

10. Votes shall be given by ballot, unless ⅔ of the national legislature shall choose to vary the mode.

11. The qualification of electors shall be the same throughout the states; viz.

citizenship:

manhood

sanity of mind

previous residence for one year, or possession of real property within the state for the whole of one year, or inrolment in the militia for the whole of a years.

〈These qualifications are not justified by the resolutions.〉

12. A majority shall be a quorum for business; but a smaller number may be authorized by the house to call for and punish nonattending members, and to adjourn for any time not exceeding one week

13. quaere. how far the right of expulsion may be proper. The house of delegates shall have power over its own members.

14. The delegates shall be privileged from arrest personal restraint during their attendance,

for so long a time before

and after,

as may be necessary, for travelling to and from the legislature

and they shall have no other privilege whatsoever.

15. Their wages shall be ____

16. They shall be ineligible to and incapable of holding offices under the authority of the united states, during the term of service of the house of delegates.

17. Vacancies shall be supplied by a writ from the speaker or any other person, appointed by the house.

18. The house shall have power to make rules for its own government.

19. The house shall not adjourn without the concurrence of the senate for more than one week, nor without such concurrence to any other place, than the one at which they are sitting.

4. b) The Senate —

1. shall consist of ____ members; each possessing a vote

2. the legislature of Each state shall appoint two senators using their discretion as to the time and manner of choosing them.

3. the qualification of senators shall be

the age of 25 years at least:

citizenship in the united states:

and property to the amount of ____

4. They shall be elected for six years and immediately after the first election they shall be divided by lot as near as may be into three classes, and numbered 1, 2, 3: and the seats of the members of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth and of the third class at the end of the sixth year, and so on continually, that a third part of the senate may be biennially chosen.

5. A majority shall be a quorum for business. but a smaller number may be authorized to call for and punish non attending members and to adjourn for any time not exceeding one week.

6. Each senator shall have one vote

7. The senate shall have power over its own members.

8. The senators shall be privileged from arrest personal restraint during their attendance,

and for so long a time before

and so long after,

as may be necessary for travelling to and from the legislature

and they shall have no other privileges whatsoever.

9. The senators shall be ineligible to and incapable of holding any office under the authority of the united states,

during the term for which they are elected,

and for one year thereafter,

except in the instance of those offices, which may be instituted for the better conducting of the business of the senate, while in session

10. The wages of the senators shall be paid out of the treasury of the united states.:

those wages for the first six years shall be ____ dollars per diem —

at the beginning of every sixth year after the first, the supreme judiciary shall cause a special jury of the most respectable merchants and farmers to be summoned to declare what shall have been the averaged value of wheat during the last six years, in the state, where the legislature may be sitting: And for the six subsequent years, the senators shall receive per diem the averaged value of ____ bushels of wheat.

11. The Senate shall have power to make rules for its own government

12. The Senate shall not adjourn without the concurrence of the house of delegates for more than one week, nor without such concurrence to any place other than that at which they are sitting.

The following are

1. the legislative powers;

2. with certain exceptions and

3. under certain restrictions

1. To raise money by taxation, unlimited as to sum, and to establish rules for collection

Exception

No Taxes on exports. — Restrictions 1. direct taxation proportioned to representation

2. To regulate commerce

Exceptions

1. no Duty on exports.

2. no prohibition on such Importations of inhabitants

3. no duties by way of such prohibition.

Restrictions

1. A navigation act shall not be passed, but with the consent of eleven states in the senate and 10 in the house of representatives.

2. Nor shall any other regulation — and this rule shall prevail, whensoever the subject shall occur in any act.

3. The lawful territory To make treaties of commerce

qu: as to senate Under the foregoing restrictions

4. To make treaties of peace or alliance

qu: as to senate under the foregoing restrictions, and

without the surrender of territory for an equivalent,

and in no case, unless a superior title.

5. To make war and raise armies.

6. To provide tribunals and punishment for mere offences against the law of nations.

7. To declare the law of piracy, felonies and captures on the high seas, and captures on land.

8. To appoint tribunals, inferior to the supreme judiciary.

9. To adjust upon the plan heretofore used all disputes between the States

10. To regulate coining. Paper prohibit

11. To regulate naturalization

12. To draw forth the militia, or any part, or to authorize the Executive to embody them

13. To establish post-offices

14. To subdue a rebellion in any particular state, on the application of the legislature thereof.

15. To enact articles of war.

16. To regulate the force permitted to be kept in each state.

17. To send embassadors

18. To declare it to be treason to levy war against or adhere to the enemies of the U. S.

19. To organize the government in those things, which ____

All laws of a particular state, repugnant hereto, shall be void, and in the decision thereon, which shall be vested in the supreme judiciary, all incidents without which the general principles cannot be satisfied shall be considered, as involved in the general principle.

2. The powers belonging peculiarly to the representatives are those concerning money-bills

3. The powers destined for the senate peculiarly, are

1. To make treaties of commerce

2. to make peace

3. to appoint the judiciary

4. The executive

1. shall consist of a single person.

2. who shall be elected by the Legislature

3. and shall hold his office for the term of six years

4. and shall be ineligible thereafter.

5. His powers shall be

1. to carry into execution the national laws.

2. to command and superintend the militia,

3. to direct their discipline

4. to direct the executives of the states to call them or any part for the support of the national government

5. to appoint to offices not otherwise provided for.

6. to be removeable on impeachment,

made by the house of representatives and conviction

of malpractice

or neglect of duty;

before the supreme judiciary

7. to receive a fixed compensation for

the devotion of his time to public service

the quantum of which shall be settled

by the national legislature

to be paid out of the national treasury

8. to have a qualified negative on legislative acts so as to require repassing by ⅔

9. and shall swear fidelity to the union, as the legislature shall direct.

5. The Judiciary

1. shall consist of one supreme tribunal

2. the judges whereof shall be appointed by the senate

3. and of such inferior tribunals, as the legislature may appoint

4. the judges of which shall be also appointed by the senate —

5 all the judges shall hold their offices during good behaviour;

6. and shall receive punctually,

at stated times

a fixed compensation for their services, to be settled by the legislature

in which no diminution shall be made, so as to affect the persons actually in office at the time of such diminution.

7. The jurisdiction of the supreme tribunal shall extend

1 to all cases, arising under laws passed by the general ____

2. to impeachments of officers, and

3. to such other cases, as the national legislature may assign, as involving the national peace and harmony,

in the collection of the revenue

in disputes between citizens of different states

in disputes between different states; and

in disputes, in which subjects or citizens of other countries are concerned

But this supreme jurisdiction shall be appellate only, except in those instances, in which the legislature shall make it original. and the legislature shall organize it

8. The whole or a part of the jurisdiction aforesaid according to the discretion of the legislature may be assigned to the inferior tribunals, as original tribunals.

Miscellaneous provisions

1. New states soliciting admission into the Union

1. must be within the present limits of the united states

2. must lawfully arise, that is

a) in the territory of the united states, with the assent of the legislature

b) within the limits of a particular state, by the consent of a major part of the people of that state.

3. shall be admitted only on the suffrage of ____ in the house of representatives and Senate

4. & shall be admitted on the same terms with the original states but the number of states or votes required on particular measures shall be readjusted —

5. provided always, that the legislature may use their discretion in admitting or rejecting, and may make any condition concerning the old debt of the union

6. provided also, that the western states are intitled to admission on the terms specified in the act of congress of ____

2. The guarantee is

1. to prevent the establishment of any government, not republican

2. to protect each state against internal commotion: and

3. against external invasion.

4. But this guarantee shall not operate without an application from the legislature of a state.

5. ____

3. The legislative executive and judiciaries of the states shall swear fidelity to the union, as the national legislature shall direct.

4. The ratification of the reform is — after the approbation of congress — to be made

by a special convention

recommended by the assembly

to be chosen for the express purpose

of considering and approving and rejecting it in toto:

and this recommendation may be used from time to time

5. An alteration may be effected in the articles of union, on the application of two thirds of the state legislatures

6. The plighting of faith ought to be in solemn terms

Addenda

1. The assent of the major part of the people of ____ states shall give operation to this constitution

2. Each assenting state shall notify its assent to congress: who shall publish a day for its commencement, not exceeding the failure thereof, after the expiration of ____ days

1. each legislature shall direct the choice of representatives, and provide for their support:

2. each legislature shall also choose senators; and provide for their support

3. they shall meet at ____ on the day assigned by congress, or as the major part of the assenting states shall agree, on any other day.

4. They shall as soon as may be after meeting elect the executive: and proceed to execute this constitution.

The object of an address is to satisfy the people of the propriety of the proposed reform.

To this end the following plan seems worthy of adoption

1. To state the general objects of a confederation.

2. To shew by general, but pointed observations, in what respects, our confederation has fallen short of those objects.

3. The powers, necessary to be given, will then follow as a consequence of the defects

4. A question next arises, whether these powers can with propriety be vested in congress. The answer is, that they cannot

5. But As some states may possibly meditate partial confederations, it would be fit now to refute this opinion briefly.

6. It follows then, that a government of the whole on national principles, with respect to taxation &c is most eligible.

7. This would lead to a short exposition of the leading particulars in the constitution.

8. This done, conclude in a suitable manner.

This is the shortest scheme, which can be adopted. For it would be strange to ask new powers, without assigning some reason — it matters not how general soever — which may apply to all of them Besides we ought to furnish the advocates of the plan in the country with some general topics. Now I conceive, that these heads do not more, than comprehend the necessary points.

• Document IV: Randolph's Constitutional Framework (introduced on 1787-07-25 11:00:00 - CREATE - e675660) [This document]

• Document IV: Randolph's Constitutional Framework (introduced on 1787-07-25 11:00:00 - CREATE - e675660) [This document] [view current proposal at this moment]
  • Document IV: Randolph's Initial Amendments (introduced on 1787-07-29 11:00:00 - PROPOSE_DOCUMENT_AMENDMENT - e675673) [view current proposal at this moment]
    • None (introduced on 1787-07-29 11:00:00 - ADOPT_PROPOSAL - e675674) [This moment shown] [view current proposal at this moment]
    • Randolph's Substantive Amendments (introduced on 1787-07-29 11:00:00 - PROPOSE_DOCUMENT_AMENDMENT - e675675) [view current proposal at this moment]
      • None (introduced on 1787-07-29 11:00:00 - ADOPT_PROPOSAL - e675676) [view current proposal at this moment]
  • Further Amendments (introduced on 1787-07-29 11:00:00 - PROPOSE_DOCUMENT_AMENDMENT - e675677) [view current proposal at this moment]
    • None (introduced on 1787-07-29 11:00:00 - ADOPT_PROPOSAL - e675678) [view current proposal at this moment]
  • Rutledge's Amendments (introduced on 1787-07-29 11:00:00 - PROPOSE_DOCUMENT_AMENDMENT - e675679) [view current proposal at this moment]
    • None (introduced on 1787-07-29 11:00:00 - ADOPT_PROPOSAL - e675680) [view current proposal at this moment]
    • Rutledge's Final Amendments (introduced on 1787-07-29 11:00:00 - PROPOSE_DOCUMENT_AMENDMENT - e675681) [view current proposal at this moment]
      • None (introduced on 1787-07-29 11:00:00 - ADOPT_PROPOSAL - e675682) [view current proposal at this moment]