To borrow money & emit bills of Credit
To establish Post Offices
To raise armies
To build & equip Fleets
To pass laws for arming organising & disciplining the Militia of the
United States--
To subdue a rebellion in any state on application of its legislature
To coin money & regulate the Value of all coins & fix the Standard of
weights & measures
To provide such Dock Yards & arsenals & erect such fortifications as may
be necessary for the United States, & to exercise exclusive Jurisdiction
therein
To appoint a Treasurer by ballott
To constitute Tribunals inferior to the Supreme Court
To establish Post & 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 & Punishment of piracies & felonies at sea & of
counterfeiting Coin & 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 & repel invasions
And to 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 proportions 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 & within the term of
every * * * Years after be taken in the manner to be prescribed by the
legislature
No tax shall be laid on articles exported from the States--nor
capitation tax but in proportion to the Census before directed
All laws regulating Commerce shall require the assent of two thirds of
the members present in each house--
The United States shall not grant any title of Nobility--
The Legislature of the United States shall pass no Law on the subject of
Religion, nor touching or abridging the Liberty of the Press nor shall
the Privilege of the Writ of Habeas Corpus ever be suspended except in
case of Rebellion or Invasion
All acts made by the Legislature of the United States pursuant to this
Constitution & all Treaties made under the authority of the United
States shall be the Supreme Law of the Land & all Judges shall be bound
to consider them as such in their decisions
7
The Senate shall have the sole and exclusive power to declare war & to
make treaties & to appoint Ambassadors & other Ministers to Foreign
nations & Judges of the Supreme Court
They shall have the exclusive power to regulate the manner of deciding
all disputes & Controversies now subsisting or which may arise between
the States respecting Jurisdiction or Territory
8
The Executive Power of the United States shall be vested in a President
of the United States of America which shall be his stile & his title
shall be His Excellency----He shall be elected for * * * Years & shall
be re-eligible.
He shall from time give information to the Legislature of the state of
the Union & recommend to their consideration the measures he may think
necessary--he shall take care that the laws of the United States be duly
executed: he shall commission all the Officers of the United States &
except as to Ambassadors other ministers & Judges of the Supreme Court
he shall nominate & with the consent of the Senate appoint all other
Officers of the United States--He shall receive public Ministers from
foreign nations & may correspond with the Executives of the different
states--He shall have power to grant pardons and reprieves except in
impeachments--He shall be commander in chief of the army & navy of the
United States & of the Militia of the several states, & shall receive a
compensation which shall not be increased or diminished during his
continuance in office--At Entering on the Duties of his office he shall
take an Oath to faithfully execute the duties of a President of the
United States--He shall be removed from his office on impeachment by the
house of Delegates & Conviction in the supreme Court of Treason bribery
or Corruption--In case of his removal death resignation or disability
The President of the Senate shall exercise the duties of his office
until another President be chosen--& in case of the death of the
President of the Senate the Speaker of the House of Delegates shall do
so----
9
The Legislature of the United States shall have the Power & it shall be
their duty to establish such Courts of Law Equity & Admiralty as shall
be necessary--the Judges of these Courts shall hold their Offices during
good behavior & receive a compensation which shall not be increased or
diminished during their continuance in office--One of these Courts shall
be termed the Supreme Court whose Jurisdiction shall extend to all cases
arising under the laws of the United States or affecting ambassadors
other public Ministers & Consuls--To the trial of impeachments of
Officers of the United States--To all cases of Admiralty & maritime
jurisdiction--In cases of impeachment affecting Ambassadors and other
public Ministers the Jurisdiction shall be original & in all the other
cases appellate--
All Criminal offences (except in cases of impeachment) shall be tried in
the state where they shall be committed--the trial shall be open &
public & be by Jury--
10
Immediately after the first census of the people of United States the
House of Delegates shall apportion the Senate by electing for each State
out of the Citizens resident therein one Senator for every * * *
members such state shall have in the house of Delegates--Each State
however shall be entitled to have at least one member in the
Senate------
11
No State shall grant Letters of marque & reprisal or enter into treaty
or alliance or confederation nor grant any title of nobility nor without
the Consent of the Legislature of the United States lay any impost on
imports--nor keep Troops or Ships of War in Time of peace--nor enter
into compacts with other states or foreign powers or emit bills of
Credit or make anything but Gold Silver or Copper a Tender in payment of
debts nor engage in War except for self defence when actually invaded or
the danger of invasion is so great as not to admit of delay until the
Government of the United States can be informed thereof--& to render
these prohibitions effectual the Legislature of the United States shall
have the power to revise the laws of the several states that may be
supposed to infringe the Powers exclusively delegated by the
Constitution to Congress & to negative & annul such as do
12
The Citizens of each state shall be entitled to all privileges &
immunities of Citizens in the several states--
Any person charged with Crimes in any State fleeing from Justice in
another shall on demand of the Executive of the State from which he
fled be delivered up & removed to the State having jurisdiction of the
Offence--
13
Full faith shall be given in each State to the acts of the Legislature &
to the records & judicial Proceedings of the Courts & Magistrates of
every State
14
The Legislature shall have power to admit new States into the Union on
the same terms with the original States provided two thirds of the
members present in both houses agree
15
On the application of the legislature of a State the United States shall
protect it against domestic insurrections
16
If Two Thirds of the Legislatures of the States apply for the same The
Legislature of the United States shall call a Convention for the purpose
of amending the Constitution--Or should Congress with the Consent of Two
thirds of each house propose to the States amendments to the same--the
agreement of Two Thirds of the Legislatures of the States shall be
sufficient to make the said amendments Parts of the Constitution
The Ratifications of the * * * Conventions of * * * States shall be
sufficient for organizing this Constitution.--
* * * * *
DRAUGHT OF THE COMMITTEE OF DETAIL.
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.
Article I
The stile of this Government shall be, "The United States of America."
II
The Government shall consist of supreme legislative, executive and
judicial powers.
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 in every
year.
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 this 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 herein after 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 herein after 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 State, in the
representation from which they shall happen.
V
_Sect. 1._ The Senate of the United States shall be chosen by the
Legislatures of the several States. Each Legislature shall chuse 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 in 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 chuse its own President and other officers.
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 behaviour; 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 stile 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 beforementioned.
_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.
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 an 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
age, 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.
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; anything in the Constitutions
or laws of the several States to the contrary notwithstanding.
VIIII
_Sect. 1._ The Senate of the United States shall have power to make
treaties, and to 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 also 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 shewing sufficient
reasons for not attending, or, being present, shall refuse to strike,
the Senate shall proceed to nominate three persons out of each State,
and the clerk of the Senate shall strike in behalf of the party absent
or refusing. If any of the parties shall refuse to submit to the
authority of such court; or shall not appear to prosecute or defend
their claim or cause, the court shall nevertheless proceed to pronounce
judgment. The judgment shall be final and conclusive. The proceedings
shall be transmitted to the President of the Senate, and shall be lodged
among the public records for the security of the parties concerned.
Every commissioner shall, before he sit in judgment, take an oath, to be
administered by one of the judges of the supreme or superior court of
the State where the cause shall be tried, "well and truly to hear and
determine the matter in question, according to the best of his judgment,
without favour, affection, or hope of reward."
_Sect. 3._ All controversies concerning lands claimed under different
grants of two or more States whose jurisdictions, as they respect such
lands, shall have been decided or adjusted subsequent to such grants, or
any of them, shall, on application to the Senate, be finally determined,
as near as may be, in the same manner as is before prescribed for
deciding controversies between different States.
X
_Sect. 1._ The Executive Power of the United States shall be vested in a
single person. His stile shall be, "The President of the United States
of America;" and his title shall be, "His Excellency". He shall be
elected by ballot by the Legislature. He shall hold his office during
the term of seven years; but shall not be elected a second time.
_Sect. 2._ He shall, from time to time, give information to the
Legislature, of the State of the Union: he may recommend to their
consideration such measures as he shall judge necessary, and expedient:
he may convene them on extraordinary occasions. In case of disagreement
between the two Houses, with regard to the time of adjournment, he may
adjourn them to such time as he shall think proper: he shall take care
that the laws of the United States be duly and faithfully executed: he
shall commission all the officers of the United States; and shall
appoint officers in all cases not otherwise provided for by this
Constitution. He shall receive Ambassadors, and may correspond with the
Supreme Executives of the several States. He shall have power to grant
reprieves and pardons; but his pardon shall not be pleadable in bar of
an impeachment. He shall be Commander in Chief of the Army and Navy of
the United States, and of the Militia of the several States. He shall,
at stated times, receive for his services, a compensation, which shall
neither be increased nor diminished during his continuance in office.
Before he shall enter on the duties of his department, he shall take the
following Oath or Affirmation, "I * * * solemnly swear, (or affirm) that
I will faithfully execute the Office of President of the United States
of America." He shall be removed from his office on impeachment by the
House of Representatives, and conviction in the Supreme Court, of
treason, bribery, or corruption. In case of his removal as aforesaid,
death, resignation, or disability to discharge the powers and duties of
his office, the President of the Senate shall exercise those powers and
duties until another President of the United States be chosen, or until
the disability of the President be removed.
XI
_Sect. 1._ The Judicial Power of the United States shall be vested in
one Supreme Court, and in such Inferior Courts as shall, when necessary,
from time to time, be constituted by the Legislature of the United
States.
_Sect. 2._ The Judges of the Supreme Court, and of the Inferior courts,
shall hold their offices during good behaviour. They shall, at stated
times, receive for their services, a compensation, which shall not be
diminished during their continuance in office.
_Sect. 3._ The Jurisdiction of the Supreme Court shall extend to all
cases arising under laws passed by the Legislature of the United States;
to all cases affecting Ambassadors, other Public Ministers and Consuls;
to the trial of impeachments of Officers of the United States; to all
cases of Admiralty and Maritime Jurisdiction; to Contriversies between
two or more States (except such as shall regard Territory or
Jurisdiction) between a State and citizens of another State, between
citizens of different States, and between a State or the citizens
thereof and foreign States, citizens or subjects. In cases of
Impeachment, cases affecting Ambassadors, other Public Ministers and
Consuls, and those in which a State shall be a party, this Jurisdiction
shall be original. In all the other cases before mentioned it shall be
appellate, with such exceptions and under such regulations as the
Legislature shall make. The Legislature may assign any part of the
jurisdiction above mentioned (except the trial of the President of the
United States) in the manner and under the limitations which it shall
think proper, to such Inferior Courts as it shall constitute from time
to time.
_Sect. 4._ The trial of all criminal offences (except in cases of
impeachments) shall be in the State where they shall be committed; and
shall be by jury.
_Sect. 5._ Judgment, in cases of Impeachment, shall not extend further
than to removal from office, and disqualification to hold and enjoy any
office of honour, trust or profit under the United States. But the party
convicted shall nevertheless be liable and subject to indictment, trial,
judgment and punishment, according to law.
XII
No State shall coin money; nor grant letters of marque and reprisal; nor
enter into any treaty, alliance, or confederation; nor grant any title
of nobility.
XIII
No State, without the consent of the Legislature of the United States,
shall emit bills of credit, or make anything but specie a tender in
payment of debts; lay imposts or duties on imports; nor keep troops or
ships of war in time of peace; nor enter into any agreement or compact
with another State, or with any foreign power; nor engage in any war,
unless it shall be actually invaded by enemies, or the danger of
invasion be so imminent, as not to admit of a delay, until the
Legislature of the United States can be consulted.
XIIII
The citizens of each State shall be entitled to all privileges and
immunities of citizens in the several States.
XV
Any person charged with treason, felony, or high misdemeanor in any
State, who shall flee from justice, and shall be found in any other
State, shall, on demand of the Executive Power of the State from which
he fled, be delivered up and removed to the State having jurisdiction of
the offence.
XVI
Full faith shall be given in each State to the acts of the Legislatures,
and to the records and judicial proceedings of the courts and
magistrates of every other State.
XVII
New States lawfully constituted or established within the limits of the
United States, may be admitted, by the Legislature, into this
government; but to such admission the consent of two thirds of the
Members present in each House shall be necessary. If a new State shall
arise within the limits of any of the present States, the consent of the
Legislatures of such States shall be also necessary to its admission. If
the admission be consented to, the new States shall be admitted on the
same terms with the original States. But the Legislature may make
conditions with the new States concerning the public debt, which shall
be then subsisting.
XVIII
The United States shall guaranty to each State a Republican form of
government; and shall protect each State against foreign invasions, and,
on the application of its Legislature, against domestic violence.
XVIIII
On the application of the Legislatures of two thirds of the States in
the Union, for an amendment of this Constitution, the Legislature of the
United States shall call a Convention for that purpose.
XX
The Members of the Legislatures, and the executive and judicial officers
of the United States, and of the several States, shall be bound by oath
to support this Constitution.
XXI
The ratification of the Conventions of * * * States shall be sufficient
for organizing this Constitution.
XXII
This Constitution shall be laid before the United States in Congress
assembled, for their approbation; and it is the opinion of this
Convention, that it should be afterwards submitted to a Convention
chosen in each State, under the recommendation of its legislature, in
order to receive the ratification of such Convention.
XXIII
To introduce this government, it is the opinion of this Convention, that
each assenting Convention should notify its assent and ratification to
the United States in Congress assembled; that Congress, after receiving
the assent and ratification of the Conventions of States, should appoint
and publish a day, as early as may be, and appoint a place for
commencing proceedings under this Constitution; that after such
publication, the Legislatures of the several States should elect Members
of the Senate, and direct the election of Members of the House of
Representatives; and that the Members of the Legislature should meet at
the time and place assigned by Congress, and should, as soon as may be,
after their meeting, choose the President of the United States, and
proceed to execute this Constitution.
INDEX
Adams, Secretary J. Q.
Applies to Pinckney for draught, p. 4, 26
Interview with Rufus King, p. 145
Ambassadors
To be appointed by the Senate, p. 82, 102, 210
Article III of Pinckney's Draught
Relied upon by Madison, p. 61, 62, 93, 99, 100
Article V of Pinckney's Draught
Relied upon by Madison, p. 61, 101
Article VIII of Pinckney's Draught
Relied upon by Madison, p. 60, 78, 79, 82, 84, 97
Sustained by the Observations, p. 134
Bancroft, George,
Expresses the general judgment, p. 7
Bill of Rights
Not adopted by the Committee or the convention, p. 270
But is, in Pinckney's draughts and Observations, p. 270
Bridge which Madison built
For Pinckney's friends, p. 6, 7, 21, 44
Butler Pierce of South Carolina
Thinks election by the people impracticable, p. 87
Charges of Madison
Analysed, p. 58, 62, 63
Chesapeak, the frigate,
Surrender of, p. 56
Citizens.
The clause securing privileges and immunities, p. 252
City Tavern,
Members of the Convention dinner at, p. 239
Committee of Detail
Appointed to prepare the Constitution, p. 69, 232
Report of the Committee, p. 69
Names of the Committee, p. 75
Secrecy of the Committee, p. 75, 76
Report exceeds instructions, p. 70
Consistent silences of the Committee until death, p. 200
How the Committee followed Pinckney, p. 213
The printing of the draught, p. 233, 234
Committee of Style
Appointed, p. 69
Really Committee of Revision, p. 78
Correction of language, masterly, p. 78
Compensation of Members
Adequate, p. 173
Resolution of the Committee of the Whole, p. 173
Report of the committee of detail, p. 174
In the Pinckney and Wilson draughts, p. 175
Deviation from instructions explained, p. 207, 209
Compensation of the President.
Committee's draught disregards the 12th Resolution, p. 209
Follows Pinckney's draught, p. 210
Compromises, The, of the Constitution.
Neither Madison nor Pinckney attempted a compromise, p. 265
Conclusions.
Final conclusions on the whole case, p. 273
Confederated States.
Bankrupt and drifting towards war, p. 249
Helpless as against the States, p. 251
Dependent upon voluntary contributions, p. 265
Could not enforce treaties on States, p. 265
Congress.
See Election and Eligibility.
Constitution, The.
Its four germinal stages, p. 66
Methods for consideration of, p. 67, 68
Birth of, p. 71
References to Committees, p. 69, 70, 78
The work of the Committee of Style, p. 78
Estimate of in 1818, p. 25, 27
Convention, The.
Surviving members of, p. 24, 202
Philosophical methods of, p. 67
First days of the, p. 128, 129, 130
The first business day, p. 135
The secrecy of the convention, p. 227, 229, 232, 237
A lost paper, p. 230
Its careful preservation of papers, p. 287
Copyright and Patents.
Not in the Department copy of the draught, p. 271
But Pinckney the author of those constitutional provisions, p. 271
Copyright cases, p. 206
Council of Revision.
Considered, p. 46, 47, 50, 51
Pinckney's action regarding it, p. 50
Delicate.
The word as used by Madison, p. 36
Draught of Committee of Detail.
Reported by committee, p. 70
Description of, p. 71, 72, 234
Washington's copy of, p. 74
The notes by Major Jackson, p. 74
Agreement with Pinckney's draught, p. 79, 81, 255, 273
The "divide" in the march of the framers, p. 76
The compromises subsequent to the draught, p. 77
Sparks' analysis of it, p. 149
Sparks' test, p. 153, 156
Madison's non-reply to Sparks, p. 155, 156
The misplacing of veto power, p. 183, 220
The treason provisions, p. 185, 221
The Supreme Court jurisdiction clause, p. 191
The draught not yet written, p. 203
The preamble taken from Pinckney, p. 214
How the committee followed Pinckney, p. 215
The committee overrule Wilson, p. 222
Limit of time for preparing, p. 232, 235, 248
Engrossed on Pinckney's as copy for printer, p. 236, 241
"Delivered in" figuratively, p. 236
The most important document of the convention, p. 226
Printing of the draught, p. 233
The real authors of the draught, p. 165
Draught of Pinckney
Presented to the convention, p. 429
Lost, p. 4, 224
The Department copy, p. 4
Description of, p. 16
Madison's Note to the, p. 58
When written, p. 86
The term, "The law of the land," p. 179
Provisions described in the Observations, p. 182
The misplacing of the veto power, p. 183, 220
The militia, p. 188
Randolph recognizes and uses, Art 11, p. 196
Article 11 described in the Observations, p. 198
Publicity attending Pinckney's draught, p. 201, 274
Used as printers' copy and destroyed, p. 236
Never discussed in convention, p. 257
Exaggerated value set upon it, p. 258
Provisions not adopted by the committee, p. 268
Provisions not in the Department case, p. 271
Provisions rejected, p. 263
Its inferiority in detail to the committee's, p. 153
Draught of Randolph.
Description of, p. 161
The annotations of Rutledge, p. 164
Compensation of Senators, p. 163
The joint work of Randolph and Rutledge, p. 165
A disheveled draught, p. 190
Jurisdiction of the Supreme Court in, p. 191
Recognizes and uses Pinckney's Art. 11, p. 196
Draughts of Wilson.
His three draughts, p. 160
Description of his 3d, p. 161
The annotations of Rutledge, p. 161
Wilson's preamble, p. 166,
Charges against Pinckney, p. 168
The word "our," p. 169, 171
Articles which are not Wilson's, p. 182
The proper placing of the veto power, p. 183, 220
The treason provisions, p. 185, 221
The militia provisions, p. 188
Draught, rough.
What it is, p. 20
Pinckney's not a rough draught, p. 10, 11
Wilson's rough draught, p. 166
Duer, William A.
Madison's letter to, p. 36, 45
His position in New York, p. 45
Election of Representatives
By the people, p. 9, 85, 91, 93, 94, 95, 97
Pinckney's change of mind, p. 85, 87, 94, 96
Agreement of Articles III and V with Observations, p. 90, 93
Vote of convention, p. 95
Election of the President.
Madison's strictures on the draught, p. 60
Article VIII does not provide a method, p. 97
The omission not remarkable, p. 98
Choosing by the electoral colleges, p. 77, 133
Observations sustain Article VIII, p. 134
Eligibility of Representatives, etc.
Pinckney on the question, p. 101, 103
Elliott, W. S.
A grandnephew of Pinckney, p. 288
His sketch of Pinckney's life and home; of his library, picture gallery
and garden, p. 288
Ellsworth, Oliver
Did not draught a constitution, p. 165
Contributed nothing to draught of the committee, p. 165
Estoppel.
Characterized by Coke, p. 132
Does not extend to historical students, p. 132
Federalists.
Hamilton and Pinckney were, p. 279
Pinckney the most extreme federalist in the convention, p. 279
Ford, Worthington C.
Publishes Pinckney's letter, p. 5
Framers of the Constitution.
Two of the youngest and their work, p. 264
Franklin, Doctor.
His farewell words to the convention, p. 70
Fraud and Plagiarism.
The question of inexorable, p. 21
Detection probable, p. 24
Temptation small, p. 25
The absence of motive, p. 27, 28
Specifications of plagiarisms, p. 78
Failure of specified charges, p. 79
Not sustained by evidence, p. 275
The charge reduced to an absurdity, p. 195
Gerry of Massachusetts
Opposes election by the people, p. 87
Gilpin, Henry D.
Edits Madison's Journal, p. 5, 29
Gorham of Massachusetts.
A member of the committee of detail, p. 75
Did not attempt to draught a constitution, p. 165
Grimke, Thomas S.
Madison's letter to, p. 35
Habeas Corpus.
The writ of, not to be suspended is in the draught, p. 269
Why the committee did not adopt, p. 270
Hamilton, Alexander.
"Those who pay are the masters," p. 174
His not the style of the Constitution, p. 243
Pierce's description of Hamilton, p. 283
Historical Questions.
Concerning the draught in the State Department, p. 12
Historical Society of N. Y.
Possesses Pinckney's Observations, p. 105
Referred to by Madison, p. 110
Hunt, Gaillard.
Description of the draught, p. 18
Immigration.
Expected and relied upon, p. 170
Massachusetts constitution encourages, p. 169
Impeachment.
In Pinckney draught, p. 211
In the committee draught, p. 211
Jackson, Major Wm.
Elected secretary of the convention, p. 129
His notes on draught, p. 74, 75
His letter to Washington, p. 239
Delivers papers of the convention to Washington, p. 239, 241
Jameson, Professor, J. Franklin.
He discovers two of the Wilson draughts, p. 159, 160
Jay, Chief Justice.
His hand appears in the constitution of New York, p. 243
Jefferson, President.
Madison's letter to, p. 33, 129
Jews.
"The people called Jews" address the convention, p. 241
Journal, The, of Madison.
Its completeness, p. 40
Omission of Pinckney's draught, p. 40
Publication of, p. 52, 63
His best appreciated work, p. 40
To be edited by Mrs. Madison, p. 63
Edited by Henry D. Gilpin, p. 5, 29
Madison method of writing, p. 122
Is the journal evidence against Pinckney, p. 275
It must be received as history, p. 277
King, Rufus.
Mr. Adams' conversation with King, p. 145
King considered as a witness, p. 146
Pierce's description of King, p. 282
Knox, General Henry.
Washington's letter to him, p. 128
Law of the Land.
See Supreme Law of the Land.
Library company of Philadelphia.
Order to the librarian directing him to "furnish the gentlemen" of the
convention with books, p. 240
McLaughlin, Professor,
Discovers a draught of Wilson, p. 158
Discovers report in confederated congress, August, 1786, "written in
Pinckney's own hand," p. 260
Madison, President.
His troubled life, p. 54
His failing memory, p. 52, 54, 81
His only alternative, p. 38
His age, p. 53, 54
His failure to testify, p. 38
His ignorance of the draught, p. 30, 38, 40, 53
His "Note" to the "Plan," p. 58
His "editorial footnote" to the "Note," p. 62, 63
His charges against the draught, p. 63
His objections to Pinckney's draught, p. 5, 6, 7, 43, 45, 46
His poor opinion of Pinckney, p. 32, 53
Most diligent member of convention, p. 80
His letters, p. 33, 34, 35, 36, 42, 43, 45, 54, 63, 107, 108, 109, 110,
129, 214
His comparison of the draught with the Constitution, p. 143, 156, 157
His silence on the primary issue, p. 156
His adroit management, p. 43, 157
Madison on the "object of the Union," p. 214
His and Pinckney's the constructive minds of the convention, p. 264
They agreed as to State legislation, p. 265, 267
They did not attempt to frame a compromise, p. 266
The work of one agrees with the work of the other, p. 267
Their names should be closely associated, p. 268
Madison's Journal. See Journal.
Mrs. Madison
Her rescue of Washington's portrait, p. 56
Intended editor of the Journal, p. 63
Marshall, Chief Justice.
Moulded the Constitution, p. 27
His majestic judicial reign, p. 37
Martin Luther.
His resolution relating to the "Supreme law of the respective States," p. 179
His language a compromise, p. 181
Massachusetts
Constitution furnishes provisions for Pinckney's draught, p. 83, 84, 250
Massachusetts and New York alone paid in full their quota, p. 249
Preamble of the Constitution derived from constitution of
Massachusetts, p. 169
The word "posterity" unrestricted, p. 170
Meigs, William M.
His "Growth of the Constitution," p. 161
Reproduces the Randolph draught in facsimile, p. 161
Growth of the Constitution
cited and quoted, p. 189, 192
Militia, The.
Pinckney's draught a radical departure, p. 188
Not authorized by the convention, p. 188
Pinckney's draught followed by Wilson rejected by the committee, p. 189
Money Bills.
Madison refers to them, p. 99
Pinckney's position regarding them, p. 100
Morris, Gouverneur.
His correction of the language of the Constitution, p. 78
Mystery.
The name, p. 1
Its definition, p. 2
New York, the Constitution of,
Furnishes the veto power, p. 47, 48
Furnishes other provisions, p. 83, 84, 216, 218, 250
New York and Massachusetts alone pay in full their quota, p. 249
Notes and Memoranda
Of Pinckney and Madison, p. 11
"Note" of Madison to plan of Pinckney, p. 58
Editorial footnote to same, p. 62, 63
Observations, The Pamphlet.
Cited by Madison, p. 33, 34, 43, 46, 50, 62
Cited by Pinckney, p. 90
When written, p. 93, 130
Description of, p. 105
Madison interest in, p. 107
Extracts from, p. 111
The Observations, a speech never made, p. 122, 126, 139
Madison and Yates evidence, p. 122
Contradictions in it, p. 126
Significant error in date, p. 127
Considered as a speech, p. 131
Considered as evidence, p. 132
Confirm Articles III, V, VIII, p. 132, 135
Explanation of Pinckney's publication, p. 135
Why speech was not delivered, p. 137
Why published, p. 138
Why Observations were not cited in Madison's "Note," p. 140
The Observations fateful, p. 141
They sustain the copy in the State department, p. 139
Articles in the draught described in the Observations cannot be
questioned, p. 182, 189, 198, 253, 269, 270
Article 11 referred to by Randolph described in the Observations, p. 198
Patents. See Copyright.
Paulding, James Kirke.
Memorandum for, p. 34, 42, 107
Letters to, p. 43, 108
Friend of Madison, p. 44, 45
Phenomenon, The, of Madison, p. 46, 53, 80
Pinckney, Charles.
His official life, p. 23
His age, p. 88
Why he presented the Observations, p. 135
His strategic purpose, p. 137
Why he published the Observations, p. 138, 142
Desired the supremacy of the national government, p. 181, 279
He alone formulated a constitution before the convention met, p. 189
His misplacement of the veto power, p. 183
The style of the Constitution, p. 243, 245
His draught the only one, p. 249
His method of construction, p. 250
His composite work, p. 250, 251, 252
His generality of treatment and expression, p. 253
A condemned and misrepresented man, p. 254
His training and preparation, p. 261, 264
What he did and failed to o, p. 261
His co-operation with Madison, p. 264, 265, 267
His family, position, etc., p. 278
His speech of June 25, p. 278
The extremist federalist in the convention, p. 279
Pierce's description and estimate of him, p. 281, 284
The destruction of everything which Pinckney possessed, p. 285
Pinckney, Charles Cotesworth,
Opposes election by the people, p. 88
Proposes that no salary be allowed to Senators, p. 176
Living in 1818, p. 24
The most esteemed citizen in S. C., p. 88
Pinckney's Letters
To Secretary of State, p. 8, 12, 26, 27
Contemporary declaration, p. 10
Letter to Madison, p. 62
Pierce, William.
His narrative of a lost paper in the convention, p. 230
His description of Randolph, King, Hamilton and Pinckney, p. 281
Preamble of the Constitution.
Suggested by the Articles of Confederation, p. 169.
Derived from Constitution of Massachusetts, p. 169
Randolph attempted draught of preamble, p. 162
Wilson attempted draught of preamble, p. 166
The preamble in the committee's draught, p. 168
It declared the source and supremacy of authority, p. 213
Ignored State governments, p. 213
The preamble unquestioned in the convention, p. 215
President, The.
See Election of.
Printers--Copy.
Pinckney draught used as printers' copy. p. 188, 208, 237
Randolph, Edmund.
The Virginia resolutions cited as his, p. 68
Opens the main business of the convention, p. 130, 136
His draught of the Constitution, p. 158, 161
Read, George.
Letter to Dickinson on Pinckney's draught, p. 89
Ritchie, Thomas.
Madison's letter to, p. 63
Rutledge, John.
Present in the convention, May 29, p. 135
Seconds Pinckney motion to strike out the word people and
insert Legislatures, p. 95
Chairman of the Committee of Detail, p. 75
"Delivers in" the report of the committee, p. 70
His annotations on the other draughts, p. 162, 164, 182
He co-operates with Wilson and Randolph, p. 164
Used Pinckney draught when annotating, p. 182
His ruthless slashing of Wilson's, p. 161
His 43 amendments, p. 161, 204
Strongest man in the State, p. 88
Secrecy.
The resolution of the convention, p. 228
Secrecy to continue after the dissolution of the convention, p. 228
Silence of members from May 29 to September 17, p. 229
Washington recognition of the obligation, p. 229
The obligation required that the draught be not lost, p. 232
Pinckney draught used as printers' copy and scrupulously destroyed, p. 237
Legal presumption that it was destroyed, p. 237
Secrecy of Committee of Detail, p. 75, 200, 237
Senate.
Pinckney's Senate, p. 91, 217
To appoint ambassadors and judges, p. 102
South Carolina.
The State postpones action in the convention, p. 175
South Carolina Gazette.
Draught republished in, p. 274
Sparks, Jared.
Writes to Madison, p. 42, 43, 144, 146, 147, 149
Madison to Sparks, p. 35, 42, 43, 110
His opinion of the draught, 148, 152
His correct analysis, p. 152
His most delicate test, p. 153
Story, Mr. Justice.
Ignores the Draught, p. 6, 8, 12
"Supreme Law of the Land."
History of the term. p. 179.
The case of Trevatt v. Weeden gives judicial significance to it, p. 182
Derived from resolution of Congress, p. 251
Thomson, Doctor William H.
Definition of mystery, p. 2
Time.
The second condition imposed on the committee, p. 232
Two of these days were Sundays, p. 233
Three days required for printing, p. 234
200 constitutional provisions framed and printed within
the limited time, p. 234
Treason.
The punishment of treason, p. 185
How defined, etc., in the three draughts, p. 186
Caution of Rutledge and Pinckney, p. 186
Their provisions combined in the Constitution, p. 187
The Treaty Making Power.
Lodged in the Senate exclusively, p. 210
Not authorized by the convention, p. 211
Committee of detail followed Pinckney erroneously, p. 211
Veto Power, The.
Taken from the constitution of New York, p. 47
Misplaced by Pinckney and by the committee, p. 183, 220
Correctly placed by Wilson, p. 183
Washington, General, The.
Madison's letters to, p. 33, 34
His copy of the committee's draught, p. 74
Letter to Congress, p. 54
His illness, and the illness of his mother, p. 128
His journey to Fredericksburg, p. 128
His arrival in Philadelphia, p. 129
President of the convention, p. 129
Letter to General Knox, p. 128
Made custodian of the records, p. 228, 239
His sense of the obligation of secrecy, p. 229
Extracts from his diary, p. 229
His admonition to the convention, p. 230
The convention's daily mark of respect, p. 230
Extracts from his diary of September 17, p. 239
Washington, City.
Capture of, 56
Burning of the Capitol, p. 56
Wilson, James.
His draughts of the Constitution, p. 158
Intelligent and wise, p. 159
Opposed the payment of representatives by the States, p. 175, 176
His proper treatment of the veto power, p. 183
His careful and logical work, p. 165, 187
Alien member of the convention, p. 199
A judge of the Supreme Court, p. 200
The hard-worker of the convention, p. 204
A signer of the Declaration, p. 171
He first suggests the Electoral Colleges, p. 77
Yates, Robert.
Entry in his minutes, p. 29, 122
Report of Pinckney's speech, p. 30
His age, position and experience, p. 124
Value of his minutes, p. 125