The Great Debate That Made the U.S. Constitution. Madison James

Legislatures, to be of the age of 30 years at least, to hold their offices for a term sufficient to ensure their independency, namely, 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 U. 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 U. S. 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 rights of suffrage in the 1st 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 & other free citizens & inhabitants, of every age sex and condition, including those bound to servitude for a term of years, & three fifths of all other persons, not comprehended in the foregoing description, except Indians not paying taxes in each State.

      8. Resolved that the right of suffrage in the 2d 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, & to be removeable on impeachment and conviction of malpractices 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 thirds 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 2d branch of the National Legislature, to hold their offices during good behaviour, & 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 all cases which respect the collection of the National revenue, impeachments of any National Officers, and questions which involve the national peace & harmony.

      14. Resolved that provision ought to be made for the admission of States lawfully arising within the limits of the U. States, whether from a voluntary junction of Government & 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 and privileges untill 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 & its existing laws ought to be guaranteed to each State by the U. 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 & 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 recommended by the several Legislatures to be expressly chosen by the people to consider and decide thereon.

1

      Edward Carrington wrote to Madison from New York, June 13, 1787:

      "The public mind is now on the point of a favourable turn to the objects of your meeting, and, being fairly met with the result, will, I am persuaded, eventually embrace it — being calculated for the permanent fitness, and not the momentary habits of the country, it may at first be viewed with hesitation, but derived and patronized as it will be, its influence must extend into an adoption as the present fabric gives way — the work once well done will be done forever, but patched up in accommodation to the whim of the day, it will soon require the hand of the cobbler again, and in every unfortunate experiment the materials are rendered the less fit for that monument of civil liberty which we wish to erect. — Constitute a federal Government, invigorate & check it well — give it then independent powers over the Trade the Revenues, and force of the Union, and all things that involve any relationship to foreign powers — give it also the revisal of all State acts — unless it possesses a compleat controul over the State Governments, the constant effort will be to resume the delegated powers, — nor do I see what inducement the federal sovereignty can have to negative an innocent act of a State — Constitute it in such shape that, its first principles being preserved, it will be a good republic — I wish to see that system have a fair experiment — but let the liability to encroachment be rather from the federal, than the State, governments — in the first case we shall insensibly glide into a monarchy: in the latter nothing but anarchy can be the consequence.

      "Some Gentlemen think of a total surrender of the State Sovereignty — I see not the necessity of that measure for giving us national stability in consequence — the negative of the federal sovereignty will effectually prevent the existence of any licentious or inconsiderate act — and I believe that even under a new monarchy it would be found necessary thus to continue the local administration — general Laws would operate many particular [undecipherable] and a general legislature would be found incompetent to the formation of local ones — the interest of the United States may be well combined for the common good — but the affairs of so extensive a country are not to be thrown into one mass — an attempt to confederate upon terms materially opposed to the particular Interests would in all probability occasion a dismemberment, and in that event, within a long time yet to come, the prospects of commerce will be at an end as to any degree of national importance, let her fate be what it may as to freedom or vassalage." — Mad. MSS.

2 According to the Journal (121) Pennsylvania was among the noes.

      Thursday June 14. In Convention

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      Mr. Patterson, observed to the Convention that it was the wish of several deputations, particularly that of N. Jersey, that further time might be allowed them to contemplate the plan reported from the Committee of the Whole, and to digest one purely federal, and contradistinguished from the reported plan. He said they hoped to have such an one ready by tomorrow to be laid before the Convention: And the Convention adjourned that leisure might be given for the purpose.

      Friday June 15th 1787

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Mr. Patterson, laid before the Convention the plan which he said several of the deputations wished to be substituted in place of that proposed