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

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. That the jurisdiction of the inferior tribunals shall be to hear & determine in the first instance, and of the supreme tribunal to hear and determine in the dernier resort, all Piracies & 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 revenues; 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 & 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 & the territory of each State, except in the instance of a voluntary junction of Government & territory, ought to be guarantied 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 & 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 & decide thereon.

He concluded with an exhortation, not to suffer the present opportunity of establishing general peace, harmony, happiness and liberty in the U. S. to pass away unimproved.4

      It was then Resolved — That the House will tomorrow resolve itself into a Committee of the Whole House to consider of the state of the American Union — and that the propositions moved by Mr. Randolph be referred to the said Committee.

Mr. Charles Pinkney laid before the House the draft of a federal Government which he had prepared, to be agreed upon between the free and independent States of America.5 — Mr. P. plan ordered that the same be referred to the Committee of the Whole appointed to consider the state of the American Union.6

      We the People of the States of New Hampshire Massachusetts Rhode Island & Providence Plantations Connecticut New York New Jersey Pennsylvania Delaware Maryland Virginia North Carolina South Carolina & Georgia do ordain, declare & establish the following Constitution for the government of ourselves & Posterity.

       ARTICLE 1:

      The Style of this Government shall be The United States of America & the Government shall consist of supreme legislative Executive & judicial

       Powers.

       2

      The Legislative Power shall be vested in a Congress to consist of two separate Houses — one to be called the House of Delegates & the other the Senate who shall meet on the — — — — Day of — — in every year.

       3

      The members of the House of Delegates shall be chosen every — — year by the people of the several States & the qualification 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 United States for — — years; and shall be of — — years of age & a resident in the State he is chosen for. — — Until a census of the people shall be taken in the manner herein after 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, — — & the Legislature shall hereafter regulate the number of delegates by the number of inhabitants according to the Provisions herein after made, at the rate of one for every — — thousand. — All money bills of every kind shall originate in the house of Delegates & shall not be altered by the Senate. The House of Delegates shall exclusively possess the power of impeachment & shall choose it's own officers & vacancies therein shall be supplied by the executive authority of the State in the representation from which they shall happen.

       4

      The Senate shall be elected & chosen by the House of Delegates which House immediately after their meeting shall choose by ballot — — Senators from among the Citizens & residents of New Hampshire — — from among those of Massachusetts — — from among those of Rhode Island — — from among those of Connecticut — — from among those of New York — — from among those of New Jersey — — from among those of Pennsylvania — — from among those of Delaware — — from among those of Maryland — — from among those of Virginia — — from among those of North Carolina — — from among those of South Carolina & — — from among those of Georgia — —

      The Senators chosen from New Hampshire Massachusetts Rhode Island & Connecticut shall form one class — those from New York New Jersey Pennsylvania & Delaware one class — & those from Maryland Virginia North, Carolina South Carolina & Georgia one class.

      The House of Delegates shall number these Classes one two & three & fix the times of their service by Lot — the first class shall serve for — — years — the second for — — years & the third for — — years — as their times of service expire the House of Delegates shall fill them up by elections for — — years & 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 — shall have been a Citizen of the United States 4 years before his election & shall be a resident of the State he is chosen from. The Senate shall choose its own Officers.

       5

      Each State shall prescribe the time & manner of holding elections by the People for the house of Delegates & the House of Delegates shall be the judges of the elections returns & Qualifications of their members.

      In each house a Majority shall constitute a Quorum to do business — Freedom of Speech & Debate in the legislature shall not be impeached or Questioned in any place out of it & 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 at Congress & in going to & returning from it — Both Houses shall keep journals of their Proceedings & publish them except on secret occasions & the yeas & 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