Volume I Part 5 (1/2)

The Legislature of the United States shall have the Power and it shall be their duty to establish such Courts of Law Equity & Admiralty as shall be necessary--The Judges of the Courts shall hold their offices during good behaviour & 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 amba.s.sadors other public Ministers & Consuls--to the trial of impeachment of officers of the United States--to all cases of Admiralty & maritime jurisdiction--In cases of impeachment affecting amba.s.sadors and other public Ministers this Jurisdiction shall be original & in all other cases appellate----

All criminal offences (except in cases of impeachment) shall be tried in the State where they shall be committed--the trials shall be open & public & shall be by Jury.

10

Immediately after the first census of the people of the 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 each State shall have in the House of Delegates--Each State shall be ent.i.tled 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 t.i.tle of n.o.bility nor without the Consent of the Legislature of the United States lay any impost on imports--nor keep troops or s.h.i.+ps of War in time of peace--nor enter into compacts with other States or foreign powers or emit bills of Credit or make any thing 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 be so great as not to admit of a 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 this Const.i.tution to Congress & to negative & annul such as do.

12

The Citizens of each State shall be ent.i.tled to all privileges & immunities of Citizens in the several States--Any person charged with Crimes in any State fleeing from justice to 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 insurrection.

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 Const.i.tution--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 Const.i.tution.

The Ratification of the conventions of ---- States shall be sufficient for organizing this Const.i.tution.[34]

[34] ”... What will be the result of their meeting I cannot with any certainty determine, but I hardly think much good can come of it; the people of America don't appear to me to be ripe for any great innovations & it seems they are ultimately to ratify or reject: the weight of Gen^l Was.h.i.+ngton as you justly observe is very great in America, but I hardly think it is sufficient to induce the people to pay money or part with power.

”The delegates from the Eastw^d are for a very strong government, & wish to prostrate all y^e State legislatures, & form a general system out of y^e whole; but I don't learn that the people are with them, on y^e contrary in Ma.s.sachusetts they think that government too strong, & are about rebelling again, for the purpose of making it more democratical: In Connecticut they have rejected the requisition for y^e present year decidedly, & no Man there would be elected to the office of a constable if he was to declare that he meant to pay a copper towards the domestic debt:--R. Island has refused to send members--the cry there is for a good government after they have paid their debts in depreciated paper:--first demolish the Philistines (i. e.

their creditors) then for _propiety_.

”N. Hamps.h.i.+re has not paid a s.h.i.+lling, since peace, & does not ever mean to pay on to all eternity:--if it was attempted to tax the people for y^e domestic debt 500 Shays would arise in a fortnight.--In N. York they pay well because they can do it by plundering N. Jersey & Connecticut.--Jersey will go great lengths from motives of revenge and Interest: Pensylvany will join provided you let the sessions of the Executive of America be fixed in Philad^a & give her other advantages in trade to compensate for the loss of State power. I shall make no observations on the Southern States, but I think they will be (perhaps from different motives) as little disposed to part with efficient power as any in the Union....”--William Grayson to James Monroe, New York, May 29, 1787. _Monroe MSS._

Adjourned.

WEDNESDAY MAY 30.

Roger Sherman (from Connecticut) took his seat.

The House went into Committee of the Whole on the State of the Union.

M^r Gorham was elected to the Chair by Ballot.

The propositions of M^r Randolph which had been referred to the Co[~m]ittee being taken up. He moved on the suggestion of M^r G. Morris, that the first of his propositions to wit ”Resolved that the articles of Confederation ought to be so corrected & enlarged, as to accomplish the objects proposed by their inst.i.tution; namely, common defence, security of liberty, and general welfare,--should be postponed, in order to consider the 3 following: