July

23.

"XVII. Resolved, That provision ought to be made for the admission of new 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.

"XVIII. Resolved, That a republican form of government shall be guarantied to each state; and that each state shall be protected against foreign and domestic violence.

"XIX. Resolved, That provision ought to be made for the amendment of the articles of union whensoever it shall seem necessary.

"XX. Resolved, That the legislative, executive, and judiciary powers, within the several states, and of the national government, ought to be bound, by oath, to support the articles of union.

"XXI. 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.

"XXII. Resolved, That the representation in the second branch of the legislature of the United States consist of two members from each state, who shall vote per capita.

26.

"XXIII. Resolved, That it be an instruction to the committee, to whom were referred the proceedings of the Convention for the establishment of a national government, to receive a clause or clauses, requiring certain qualifications of property and citizenship, in the United States, for the executive, the judiciary, and the members of both branches of the legislature of the United States."

The propositions offered to the Convention, on the 29th of May, by Mr. C. Pinckney, and on the 15th of June, by Mr. Patterson, were referred to the committee, with the above resolutions.

MONDAY, August 6, 1787.

The house met agreeably to adjournment. The Hon. John Francis Mercer, Esq., one of the deputies from the state of Maryland, attended, and took his seat.

The Hon. Mr. Rutledge, from the committee to whom were referred the proceedings of the Convention for the purpose of reporting a constitution for the establishment of a national government, conformable to the proceedings, informed the house that the committee were prepared to report.

The report was then delivered in at the secretary's table; and, being read once throughout, and copies thereof given to the members, it was moved and seconded to adjourn till Wednesday morning; which passed in the negative.

Yeas: Pennsylvania, Maryland, Virginia, 3. Nays: New Hampshire, Massachusetts, Connecticut, North Carolina, South Carolina, 5.

The house then adjourned till to-morrow morning, at 11

o'clock

DRAFT OF A CONSTITUTION,

REPORTED BY THE COMMITTEE OF FIVE, AUGUST 6, 1787.

[One copy of this printed draft is among the papers deposited by President Washington in the Department of State; another copy is among the papers of Mr. Brearly, furnished by General Bloomfield.]

"WE, the people of the states of New Hampshire, Massachusetts, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, do ordain, declare, and establish, the following Constitution for the government of ourselves and our posterity:

"ART. I. The style of this government shall be, "The United States of America.'

"ART. II. The government shall consist of supreme legislative, executive, and judicial powers.

"ART. III. The legislative power shall be vested in a Congress, to consist of two separate and distinct bodies of men, a House of Representatives and a Senate, each of which shall, in all cases, have a negative on the other. The legislature shall meet on the first Monday in December every year.

"ART. IV. SECT. 1. The members of the House of Representatives shall be chosen every second year, by the people of the several states comprehended within the Union. The qualifications of the electors shall be the same, from time to time, as those of the electors in the several states, of the most numerous branch of their own legislatures.

"SECT. 2. Every member of the House of Representatives shall be of the age of twenty-five years at least; shall have been a citizen in the United States for at least three years before his election; and shall be, at the time of his election, a resident of the state in which he shall be chosen.

"SECT. 3. The House of Representatives shall, at its first formation, and until the number of citizens and inhabitants shall be taken in the manner hereinafter described, consist of sixty-five members, of whom three shall be chosen in New Hampshire, eight in Massachusetts, one in Rhode Island and Providence Plantations, five in Connecticut, six in New York, four in New Jersey, eight in Pennsylvania, one in Delaware, six in Maryland, ten in Virginia, five in North Carolina, five in South Carolina, and three in Georgia.

"SECT. 4. As the proportions of numbers in the different states will alter from time to time; as some of the states may hereafter be divided; as others may be enlarged by addition of territory; as two or more states may be united; as new states will be erected within the limits of the United States, - the legislature shall, in each of these cases, regulate the number of representatives by the number of inhabitants, according to the provisions hereinafter made, at the rate of one for every forty thousand.

"SECT. 5. All bills for raising or appropriating money, and for fixing the salaries of the officers of government, shall originate in the House of Representatives, and shall not be altered or amended by the Senate. No money shall be drawn from the public treasury but in pursuance of appropriations that shall originate in the House of Representatives.

"SECT. 6. The House of Representatives shall have the sole power of impeachment. It shall choose its speaker and other officers.

"SECT. 7. Vacancies in the House of Representatives shall be supplied by writs of election from the executive authority of the states in the representation from which they shall happen.

"ART. V. SECT. 1. The Senate of the United States shall be chosen by the legislatures of the several states. Each legislature shall choose two members. Vacancies may be supplied by the executive, until the next meeting of the legislature. Each member shall have one vote.

"SECT. 2. The senators shall be chosen for six years; but immediately after the first election, they shall be divided, by lot, into three classes, as nearly as may be, numbered one, two, and three. 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 year; of the third class at the expiration of the sixth year; - so that a third part of the members may be chosen every second year.

"SECT. 3. Every member of the Senate shall be of the age of thirty years at least; shall have been a citizen of the United States for at least four years before his election; and shall be, at the time of his election, a resident of the state for which he shall be chosen.

"SECT. 4. The Senate shall choose its own president and other offi

cers.

"ART. VI. SECT. 1. The times and places, and the manner, of holding the elections of the members of each house, shall be prescribed by the legislature of each state; but their provisions concerning them may, at any time, be altered by the legislature of the United States.

"SECT. 2. The legislature of the United States shall have authority to establish such uniform qualifications of the members of each house, with regard to property, as to the said legislature shall seem expedient.

"SECT. 3. In each house a majority of the members shall constitute a quorum to do business; but a smaller number may adjourn from day to day. "SECT. 4. Each house shall be the judge of the elections, returns, and

qualifications, of its own members.

"SECT. 5. Freedom of speech and debate in the legislature shall not be impeached or questioned in any court or place out of the legislature; and the members of each house shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at Congress, and in going to and returning from it.

"SECT. 6. Each house may determine the rules of its proceedings; may punish its members for disorderly behavior; and may expel a member. "SECT. 7. The House of Representatives, and the Senate when it shall be acting in a legislative capacity, shall keep a journal of their proceedings, and shall, from time to time, publish them; and the yeas and nays of the members of each house, on any question, shall, at the desire of one fifth part of the members present, be entered on the journal.

"SECT. 8. Neither house, without the consent of the other, shall adjourn for more than three days, nor to any other place than that at which the two houses are sitting. But this regulation shall not extend to the Senate when it shall exercise the powers mentioned in the article.

"SECT. 9. The members of each house shall be ineligible to, and incapable of holding, any office under the authority of the United States, during the time for which they shall respectively be elected; and the members of the Senate shall be ineligible to, and incapable of holding, any such office for one year afterwards.

"SECT. 10. The members of each house shall receive a compensation

for their services, to be ascertained and paid by the state in which they shall be chosen.

"SECT. 11. The enacting style of the laws of the United States shall be, 'Be it enacted, and it is hereby enacted, by the House of Representatives, and by the Senate, of the United States, in Congress assembled.'

"SECT. 12. Each house shall possess the right of originating bills, except in the cases before mentioned.

"SECT. 13. Every bill, which shall have passed the House of Representatives, and the Senate, shall, before it become a law, be presented to the President of the United States, for his revision. If, upon such revision, he approve of it, he shall signify his approbation by signing it; but if, upon such revision, it shall appear to him improper for being passed into a law, he shall return it, together with his objections against it, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider the bill; but if, after such reconsideration, two thirds of that house shall, notwithstanding the objections of the President, agree to pass it, it shall, together with his objections, be sent to the other house, by which it shall likewise be reconsidered; and if approved by two thirds of the other house also, it shall become a law. But, in all such cases, the votes of both houses shall be determined by yeas and nays; and the names of the persons voting for or against the bill shall be entered in the journal of each house respectively. If any bill shall not be returned by the President within seven days after it shall have been presented to him, it shall be a law, unless the legislature, by their adjournment, prevent its return; in which case, it shall not be a law.

"ART. VII. SECT. 1. The legislature of the United States shall have the power to lay and collect taxes, duties, imposts, and excises;

"To regulate commerce with foreign nations, and among the several

states;

"To establish a uniform rule of naturalization throughout the United States;

"To coin money;

"To regulate the value of foreign coin;

"To fix the standard of weights and measures;

"To establish post-offices;

"To borrow money and emit bills on the credit of the United States,

"To appoint a treasurer by ballot;

"To constitute tribunals inferior to the Supreme Court;

"To make rules concerning captures on land and water:

"To declare the law and punishment of piracies and felonies committed on the high seas, and the punishment of counterfeiting the coin of the United States, and of offences against the law of nations;

"To subdue a rebellion in any state, on the application of its legislature; "To make war;

"To raise armies;

"To build and equip fleets;

"To call forth the aid of the militia, in order to execute the laws of the Union, enforce treaties, suppress insurrections, and repel invasions; and, "To make all laws that shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested, by this Constitution, in the government of the United States, or in any department or officer thereof.

"SECT. 2. Treason against the United States shall consist only in levying war against the United States, or any of them, and in adhering to the enemies of the United States, or any of them. The legislature of the United States shall have power to declare the punishment of treason. No person shall be convicted of treason, unless on the testimony of two witnesses. No attainder of treason shall work corruption of blood, nor forfeiture, except during the life of the person attainted.

"SECT. 3. The proportions of direct taxation shall be regulated by the whole number of white and other free citizens and inhabitants, of every 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;) which number shall, within six years after the first meeting of the legislature, and within the term of every ten years afterwards, be taken in such manner as the said legislature shall direct.

"SECT. 4. No tax or duty shall be laid by the legislature on articles exported from any state; nor on the migration or importation of such persons as the several states shall think proper to admit; nor shall such migration or importation be prohibited.

"SECT. 5. No capitation tax shall be laid, unless in proportion to the census hereinbefore directed to be taken.

"SECT. 6. No navigation act shall be passed without the assent of two thirds of the members present in each house.

"SECT. 7. The United States shall not grant any title of nobility. "ART. VIII. The acts of the legislature of the United States made in pursuance of this Constitution, and all treaties made under the authority of the United States, shall be the supreme law of the several states, and of their citizens and inhabitants; and the judges in the several states shall be bound thereby in their decisions; any thing in the constitutions or laws of the several states to the contrary notwithstanding.

"ART. IX. SECT. 1. The Senate of the United States shall have power to make treaties, and appoint ambassadors, and judges of the Supreme Court. "SECT. 2. In all disputes and controversies now subsisting, or that may hereafter subsist, between two or more states, respecting jurisdiction or territory, the Senate shall possess the following powers: Whenever the legislature, or the executive authority, or the lawful agent of any state in controversy with another, shall, by memorial to the Senate, state the matter in question, and apply for a hearing, notice of such memorial and application shall be given, by order of the Senate, to the legislature, or the executive authority of the other state in controversy. The Senate shall assign a day for the appearance of the parties, by their agents, before that house. The agents shall be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question.

"But if the agents cannot agree, the Senate shall name three persons out of each of the several states; and from the list of such persons each party shall, alternately, strike out one, until the number shall be reduced to thirteen; and from that number not less than seven, nor more than nine names, as the Senate shall direct, shall in their presence be drawn out by lot; and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges to hear and finally determine the controversy; provided a majority of the judges, who shall hear the cause, agree in the determination. If either party shall neglect to attend at the day assigned without showing sufficient reasons for not attending; or, being present