3. Res^d that the National Legislature ought to consist of two branches.

4. Res^d that the members of the first branch of the National

Legislature ought to be elected by the people of the several States

every ---- for the term of ----; to be of the age of ---- years at

least, to receive liberal stipends by which they may be compensated for

the devotion of their time to the public service; to be ineligible to

any office established by a particular State, or under the authority of

the United States, except those peculiarly belong to the functions of

the first branch, during the term of service, and for the space of ----

after its expiration; to be incapable of re-election for the space of

---- after the expiration of their term of service, and to be subject to

recall.

5. Resol^d that the members of the second branch of the National

Legislature ought to be elected by those of the first, out of a proper

number of persons nominated by the individual Legislatures, to be of the

age of ---- years at least; to hold their offices for a term sufficient

to ensure their independency; to receive liberal stipends, by which they

may be compensated for the devotion of their time to the public service;

and to be ineligible to any office established by a particular State, or

under the authority of the United States, except those peculiarly

belonging to the functions of the second branch, during the term of

service; and for the space of ---- after the expiration thereof.

6. Resolved that each branch ought to possess the right of originating

Acts; that the National Legislature ought to be empowered to enjoy the

Legislative Rights vested in Congress by the Confederation & moreover to

legislate in all cases to which the separate States are incompetent, or

in which the harmony of the United States may be interrupted by the

exercise of individual Legislation; to negative all laws passed by the

several States contravening in the opinion of the National Legislature

the articles of Union; and to call forth the force of the Union ag^{st}

any member of the Union failing to fulfil its duty under the articles

thereof.

7. Res^d that a National Executive be instituted; to be chosen by the

National Legislature for the term of ---- years, to receive punctually

at stated times, a fixed compensation for the services rendered, in

which no increase or diminution shall be made so as to affect the

Magistracy, existing at the time of increase or diminution, and to be

ineligible a second time; and that besides a general authority to

execute the national laws, it ought to enjoy the Executive rights vested

in Congress by the Confederation.

8. Res^d that the Executive and a convenient number of the National

Judiciary, ought to compose a Council of revision with authority to

examine every act of the National Legislature before it shall operate, &

every act of a particular Legislature before a Negative thereon shall be

final; and that the dissent of the said Council shall amount to a

rejection, unless the Act of the National Legislature be again passed,

or that of a particular Legislature be again negatived by ---- of the

members of each branch.

9. Res^d that a National Judiciary be established to consist of one or

more supreme tribunals, and of inferior tribunals to be chosen by the

National Legislature, to hold their offices during good behaviour; and

to receive punctually at stated times fixed compensation for their

services, in which no increase or diminution shall be made so as to

affect the persons actually in office at the time of such increase or

diminution. That the jurisdiction of the inferior tribunals shall be to

hear & determine in the first instance, and of the supreme tribunal to

hear and determine in the dernier resort, all Piracies & felonies on the

high seas, captures from an enemy: cases in which foreigners or Citizens

of other States applying to such jurisdictions may be interested, or

which respect the collection of the National revenues; impeachments of

any national officers, and questions which may involve the national

peace and harmony.

10. Resolv^d that provision ought to be made for the admission of States

lawfully arising within the limits of the United States, whether from a

voluntary junction of Government & Territory or otherwise, with the

consent of a number of voices in the National Legislature less than the

whole.

11. Res^d that a Republican Government & the territory of each State,

except in the instance of a voluntary junction of Government &

territory, ought to be guarantied by the United States to each State.

12. Res^d that provision ought to be made for the continuance of

Congress and their authorities and privileges, until a given day after

the reform of the articles of Union shall be adopted, and for the

completion of all their engagements.

13. Res^d that provision ought to be made for the amendment of the

Articles of Union whensoever it shall seem necessary, and that the

assent of the National Legislature ought not to be required thereto.

14. Res^d that the Legislative Executive & Judiciary powers within the

several States ought to be bound by oath to support the articles of

Union.

15. Res^d that the amendments which shall be offered to the

Confederation, by the Convention ought at a proper time, or times, after

the approbation of Congress to be submitted to an assembly or assemblies

of Representatives, recommended by the several Legislatures to be

expressly chosen by the people to consider & decide thereon.

He concluded with an exhortation, not to suffer the present opportunity

of establishing general peace, harmony, happiness and liberty in the U.

S. to pass away unimproved.[31]

[31] This abstract of the speech was furnished to J. M. by

M^r Randolph and is in his handwriting. As a report of it

from him had been relied on, it was omitted by J.

M.--_Madison's Note._ The fifteen resolutions, constituting

the "Virginia Plan," are in Madison's handwriting.

It was then Resolved--That the House will tomorrow resolve itself into a

Committee of the Whole House to consider of the state of the American

Union--and that the propositions moved by M^r Randolph be referred to

the said Committee.

M^r Charles Pinkney laid before the House the draft of a federal

Government which he had prepared, to be agreed upon between the free and

independent States of America.[32]--M^r P. plan ordered that the same be

referred to the Committee of the Whole appointed to consider the state

of the American Union.[33]

[32] Robert Yates, delegate from New York, kept notes of the

proceedings of the Convention, until he left July 5th, with

his colleague, John Lansing. They wrote a joint letter to

Governor Clinton afterwards, giving their reasons: "We were

not present at the completion of the new constitution; but

before we left the convention, its principles were so well

established as to convince us, that no alteration was to be

expected to conform it to our ideas of expediency and

safety."--_Secret Proceedings of the Federal Convention_,

10. Yates's notes are quoted here, whenever they are at

variance with Madison's. He gives Pinckney's motion as

follows: "Mr. C. Pinckney, a member from South Carolina,

then added, that he had reduced his ideas of a new

government to a system, which he read, and confessed that it

was grounded on the same principle as of the above [the

Randolph] resolutions."--_Id._, 97.

[33] Charles Pinckney wrote to John Quincy Adams:

"WINGAW NEAR GEORGETOWN December 12 1818

"SIR

"I have just had the honour to receive your

favour--Being at present absent from Charleston on a

visit to my planting interest in this neighbourhood

I shall in consequence of your letter shorten my

stay here considerably & return to Town for the

purpose of complying with your request as soon as

possible--From an inspection of my old papers not

long ago I know it was then easily in my power to

have complied with your request--I still hope it is

& as soon as I return to my residence in Charleston

will again, or as quickly as I can write you on it

to prevent delay.

"The Draught of the Constitution proposed by me was

divided into a number of articles & was in complete

detail--the resolutions offered by M^r Randolph were

merely general ones & as far as I recollect they

were both referred to the same Committee.

"With great respect & esteem" &c.

--_Dept. of State MSS._, Miscellaneous Letters.

Three weeks later he wrote again:

"SIR

"On my return to this City as I promised I examined

carefully all the numerous notes & papers which I

had retained relating to the federal

Convention--among them I found several rough

draughts of the Constitution I proposed to the

Convention--although they differed in some measure

from each other in the wording & arrangement of the

articles--yet they were all substantially the

same--they all proceeded upon the idea of throwing

out of view the attempt to amend the existing

Confederation (then a very favorite idea of a

number) & proceeding de novo--of a Division of the

Powers of Government into legislative executive &

judicial & of making the Government to operate

directly upon the People & not upon the States. My

Plan was substantially adopted in the sequel except

as to the Senate & giving more power to the

Executive than I intended--the force of vote which

the small & middling states had in the Convention

prevented our obtaining a proportional

representation in more than one branch & the great

powers given to the President were never intended to

have been given to him while the Convention

continued in that patient & coolly deliberative

situation in which they had been for nearly the

whole of the preceding five months of their session

nor was it until within the last week or ten days

that almost the whole of the Executive Department

was altered--I can assure you as a fact that for

more than Four months & a half out of five the power

of exclusively making treaties, appointing for the

Ministers & judges of the Supreme Court was given to

the Senate after numerous debates & consideration of

the subject both in Committee of the whole & in the

house--this I not only aver but can prove by printed

Documents in my possession to have been the case--&

should I ever have the pleasure to see you &

converse on the subject will state to you some

things relative to this business that may be new &

perhaps surprising to you--the veil of secrecy from

the Proceedings of the Convention being removed by

Congress & but very few of the members alive would

make disclosures now of the secrets there acted less

improper than before--With the aid of the journal &

the numerous notes & memorandums I have preserved

should now be in my power to give a View of the

almost insuperable difficulties the Convention had

to encounter & of the conflicting opinions of the

members I believe should have attempted it had I not

always understood M^r Madison intended it--he alone

I believe possessed & retained more numerous &

particular notes of their proceedings than myself. I

will thank you sir to do me the honour to send me or

to get the President to direct a copy of the Journal

of the Convention to be sent me as also of the

Secret Journals of Congress should it be considered

not improper in me to make the request.

"I have already informed you I have several rough

draughts of the Constitution I proposed & that they

are all substantially the same differing only in

words & the arrangement of the Articles--at the

distance of nearly thirty two years it is impossible

for me now to say which of the 4 or 5 draughts I

have was the one but enclosed I send you the one I

believe was it--I repeat however that they are

substantially the same differing only in form &

unessentials--It may be necessary to remark that

very soon after the Convention met I changed &

avowed candidly the change of my opinion on giving

the power to Congress to revise the State Laws in

certain cases & in giving the exclusive Power to the

Senate to declare War thinking it safer to refuse

the first altogether & to vest the latter in

Congress--I will thank you to acknowledge by a line

the receipt of the Draught & this.

"With very great respect & esteem

"I have the honour to be your most

"Obedient servant

"CHARLES PINCKNEY.

"December 30 1818

"In Charleston."--_Const. MSS._

The plan is written upon paper of the same size as the

letter, and with the same ink. It is undoubtedly

contemporaneous with the letter.

Madison wrote the following note to accompany his journal:

"The length of the Document laid before the

Convention, and other circumstances having prevented

the taking of a copy at the time, that which is here

inserted was taken from the paper furnished to the

Secretary of State, and contained in the Journal of

the Convention published in 1819. On comparing the

paper with the Constitution in its final form, or in

some of its Stages; and with the propositions, and

speeches of M^r Pinckney in the Convention, it would

seem that considerable errour must have crept into

the paper; occasioned possibly by the loss of the

Document laid before the convention (neither that

nor the Resolutions offered by M^r Patterson being

among the preserved papers) and by a consequent

resort for a copy to the rough draught, in which

erasures and interlineations following what passed

in the convention, might be confounded with the

original text, and after a lapse of more than thirty

years, confounded also in the memory of the author.

"There is in the paper a similarity in some cases,

and an identity in others, with details,

expressions, and definitions, the results of

critical discussions and modifications that can not

be ascribed to accident or anticipation.

"Examples may be noticed in Article VIII of the

paper; which is remarkable also for the

circumstance, that whilst it specifies the functions

of the President, no provision is contained in the

paper for the election of such an officer, nor

indeed for the appointment of any executive

magistracy; notwithstanding the evident purpose of

the author to provide an _entire_ plan of a Federal

Government.

"Again, in several instances where the paper

corresponds with the Constitution, it is at variance

with the ideas of M^r Pinckney, as decidedly

expressed in his propositions, and in his arguments,

the former in the Journal of the Convention, the

latter in the report of its debates: Thus in Art:

VIII of the paper, provision is made for removing

the President by impeachment; when it appears that

in the convention, July 20. he was opposed to any

impeachability of the Executive magistrate: In Art:

III, it is required that all money-bills shall

originate in the first Branch of the Legislature;

which he strenuously opposed Aug: 8 and again Aug:

11: In Art: V members of each House are made

ineligible to, as well as incapable of holding, any

office under the union &c. as was the case at one

Stage of the Constitution; a disqualification highly

disapproved and opposed by him Aug: 14.

"A still more conclusive evidence of errour in the

paper is seen in Art: III, which provides, as the

Constitution does, that the first Branch of the

Legislature shall be chosen by the people of the

several States; whilst it appears that on the 6^{th}

of June, a few days only after the Draft was laid

before the convention, its author opposed that mode

of choice, urging & proposing in place of it, an

election by the Legislatures of the several States.

"The remarks here made tho' not material in

themselves, were due to the authenticity and

accuracy aimed at, in this Record of the proceedings

of a Publick Body, so much an object, sometimes, of

curious research, as at all times, of profound

interest."--_Mad. MSS._

This note, as given in Gilpin's _Madison Papers_ (_1840_),

is freely edited. The Pinckney plan is given here as

Pinckney sent it to Adams. Chief-Justice Charles C. Nott, of

the U. S. Court of Claims, informs the editor that

correspondence with Pinckney's descendants reveals the fact

that none of the notes to which he alludes in his letters

are extant.

The letter of December 30, 1818, and plan, are printed in

_The Documentary History of the Constitution_, i., 309 _et

seq._

[Illustration: CHARLES PINCKNEY'S LETTER.

(Reduced.)]

[Illustration: THE PINCKNEY DRAFT.

(Reduced.)]

We the People of the States of New Hampshire Massachusetts Rhode Island

& Providence Plantations Connecticut New York New Jersey Pennsylvania

Delaware Maryland Virginia North Carolina South Carolina & Georgia do

ordain, declare & establish the following Constitution for the

government of ourselves & Posterity.

The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1 · 第 15 / 114 题