THE VIRGINIA
PLAN
1. Resolved that the articles of
Confederation ought to be so corrected and enlarged as to accomplish the objects
proposed by their institution; namely A common defence, security of liberty and
general welfare.
2. Resolved therefore that the rights of
suffrage in the National Legislature ought to be proportioned to the Quotas of
contribution, or to the number of free inhabitants, as the one or the other rule
may seem best in different cases.
3. Resolved that the National Legislature
ought to consist of two branches.
4. Resolved 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 public service; 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 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. Resolved 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 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
impowered to enjoy the Legislative Rights vested in Congress by the
Confederation and 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 the Union; and to call forth the force of the Union
against any member of the Union failing to fulfill its duty under the articles
thereof.
7. Resolved 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 the 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. Resolved 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, and 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. Resolved 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 and determine in the
first instance, and of the supreme tribunal to hear and determine in the dernier
resort, all piracies and 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
revenue; impeachments of any National officers, and questions which may involve
the national peace and harmony.
10. Resolved that provision ought to be
made for the admission of States lawfully arising within the limits of the
United States, whether from a voluntary junction of Government and Territory or
otherwise with the consent of a number of voices in the National Legislature
less than the whole.
11. Resolved that a Republican Government
and the territory of each State, except in the instance of a voluntary junction
of Government and territory, ought to be guaranteed by the United States to each
State.
12. Resolved that provision ought to be
made for the continuance of Congress and their authorities and privileges, until
a given day after the reform of the articles of Union shall be adopted, and for
the completion of all their engagements.
13. Resolved that provision ought to be
made for the amendment of the Articles of Union whensoever it shall seem
necessary, and that the assent of the National Legislature ought not to be
required thereto.
14. Resolved that the Legislative,
Executive and Judiciary powers within the several States ought to be bound by
oath to support the articles of Union.
15. Resolved that the amendments which
shall be offered to the Confederation, by the Convention ought at a proper time,
or times, after the approbation of Congress to be submitted to an assembly or
assemblies of Representatives, recommended by the several Legislatures to be
expressly chosen by the people, to consider and decide thereon.
THE NEW JERSEY
PLAN
1. Resolved that the articles of
Confederation ought to be so revised, corrected and enlarged, as to render the
federal Constitution adequate to the exigencies of Government, and the
preservation of the Union.
2. Resolved that in addition to the powers
vested in the United States in Congress, by the present existing articles of
Confederation, they be authorized to pass acts for raising a revenue, by levying
a duty or duties on all goods or merchandizes of foreign growth or manufacture,
imported into any part of the United States, by Stamps on paper, vellum or
parchment, and by a postage on all letters or packages passing through the
general post-Office, to be applied to such federal purposes as they deem proper
and expedient; to make rules and regulations for the collection thereof; and the
same from time to time, to alter and amend in such manner as they shall think
proper: to pass Acts for the regulation of trade and commerce as well with
foreign nations as with each other: provided that all punishments, fines,
forfeitures, and penalties to be incurred for contravening such acts rules and
regulations shall be adjudged by the Common law Judiciarys of the State in which
any offence contrary to the true intent and meaning of such Acts rules and
regulations shall have been committed or perpetrated, with liberty of commencing
in the first instance all suits and prosecutions for that purpose in the
superior Common law Judiciary in such State, subject nevertheless, for the
correction of errors, both in law and fact in rendering judgement, to an appeal
to the Judiciary of the United States.
3. Resolved that whenever requisitions
shall be necessary, instead of the rule for making requisitions mentioned in the
articles of Confederation, the United States in Congress be authorized to make
such requisitions in proportion to 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; that
if such requisitions be not complied with, in the time specified therein, to
direct the collection thereof in the non complying States and for that purpose
to devise and pass acts directing and authorizing the same; provided that none
of the powers hereby vested in the United States in Congress shall be exercised
without the consent of at least States, and in that proportion if the number of
Confederated States should hereafter be increased or diminished.
4. Resolved that the United States in
Congress be authorized to elect a federal Executive to consist of persons, to
continue in office for the term of years, to receive punctually at stated times
a fixed compensation for their services, in which no increase or diminution
shall be made so as to affect the persons composing the Executive at the time of
such increase or diminution, to be paid out of the federal treasury; to be
incapable of holding any other office or appointment during their time of
service and for years thereafter; to ineligible a second time, and removeable by
Congress on application of a majority of the Executives of the several States;
that the federal acts ought to appoint all federal officers not otherwise
provided for, and to direct all military operations; provided that none of the
persons composing the federal Executive shall on any occasion take command of
any troops, so as personally to conduct any enterprise as General, or in other
capacity.
5. Resolved that a federal Judiciary be
established to consist of a supreme Tribunal the Judges of which to be appointed
by the Executive, and to hold their offices during good behaviour, to receive
punctually at stated times a 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 Judiciary so
established shall have authority to hear and determine in the first instance on
all impeachments of federal officers, and by way of appeal in the dernier resort
in all cases touching the rights of Ambassadors, in all cases of captures from
an enemy, in all cases of piracies and felonies on the high seas, and in all
cases in which foreigners may be interested, in the construction of any treaty
or treaties, or which may arise on any of the Acts for regulation of trade, or
the collection of the federal Revenue: that none of the Judiciary shall during
the time they remain in Office be capable of receiving or holding any other
office or appointment during their time of service, or for thereafter.
6. Resolved that all Acts of the United
States in Congress made by virtue and in pursuance of the powers hereby and by
the articles of confederation vested in them, and all Treaties made and ratified
under the authority of the United States shall be the supreme law of the
respective States so far forth as those Acts or Treaties shall relate to the
said States or their Citizens, and that the Judiciary of the several States
shall be bound thereby in their decisions, any thing in the respective laws of
the Individual States to the contrary notwithstanding; and that if any State, or
any body of men in any State shall oppose or prevent the carrying into execution
such acts or treaties, the federal Executive shall be authorized to call forth
the power of the Confederated States, or so much thereof as may be necessary to
enforce and compel an obedience to such Acts, or an Observance of such
Treaties.
7. Resolved that provision be made for the
admission of new States into the Union.
8. Resolved the rule for naturalization
ought to be the same in every State.
9. Resolved that a Citizen of one State
committing an offence in another State of the Union, shall be deemed guilty of
the same offence as if it had been committed by a Citizen of the State in which
the Offence was committed.