To regulate Commerce with all nations & among the several states--

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

The Mystery of the Pinckney Draught · 第 14 / 14 章