IV. The credentials of delegates, and their powers under their instructions.

The credentials of the delegates varied somewhat according to the states, but in general the instructions, in accord with the resolution of Congress calling and authorizing the Convention, called only for a revision of the Articles. The Massachusetts delegation was instructed only to revise the Articles. New Hampshire instructed that the defects be remedied, and that a report to Congress be made for confirmation by the states. Connecticut limited the delegates to changes and provisions agreeable to the general principles of republican government. New Jersey asked that the delegates take into consideration the state of the union with respect to trade, etc., and to take steps to make the Constitution adequate. Pennsylvania authorized its delegation to deliberate and to render the Constitution fully adequate to the exigencies. of the Union. The Delaware instructions resembled closely the resolution of Congress. Virginia wanted the delegates to secure the great objects for which the union. was founded. Maryland desired a revision of the system of government. North Carolina sought to remedy the defects of the union. South Carolina instructed the discussion of alterations which would render the government fully adequate. Georgia sought also to make the fundamental law an adequate instrument.

IV. Organization and procedure of the national convention.

Presiding officer. Washington was chosen to preside, Franklin having withdrawn in his favor. A Secretary was chosen to report the proceedings and the action of the Convention. Balloting. It was decided that seven

states should constitute a quorum, that a majority vote of the states would be required to decide all questions, and that each state should have one vote. By-laws and rules of procedure were decided by the Convention itself. Meetings were held behind closed doors, and the proceedings were secret, in order that there might be the frankest discussion possible of the problems facing the

convention.

Stages in the development of the Constitution:

A. May 14-June 13, Committee of the Whole, the Randolph Plan.

B. June 14-19, the Patterson Plan and the Hamilton

Plan.

C. June 19-July 26, debate on Randolph Plan resumed. Committee of Detail appointed July 24. Resolution of Committee of Detail referred on July 26. D. August 6-September 10, debate on the plan of the Committee of Detail. Appointment of the Committee of Style.

E. September 12-17, debate of the plan of the Committee of Style.

READING

BEARD.-Economic Interpretation of the Constitution, Chap. V.
CURTIS.-Constitutional History of the United States, Vol. I, Chaps. 16

and 17.

FARRARD.-Framing of the Constitution.

-The Fathers of the Constitution.

GAY.-Madison.

MARSHALL.-Life of Washington.

MORSE.-Alexander Hamilton.

--Benjamin Franklin.

ROWLAND.-George Mason.

ROOSEVELT.-Gouverneur Morris.

CHAPTER IX

THE PLANS FOR THE ORGANIZATION OF A GOVERN

MENT

I. The Peletiah Webster claim.

The claim has been made that as early as 1781 Peletiah Webster had proposed a plan for a new fundamental law. In 1791, Webster declared that the Convention had taken his plans and had qualified them. He was only one of many who were thinking over a plan of government for the United States to supersede the Articles.

II. The Randolph or Virginia resolutions.

This plan embraced the following points:

A. The rights of suffrage should be in proportion to the number of free inhabitants or their quota of contributions.

B. The national legislature should consist of two branches. It was more to provide checks and balances than to provide for equality of representation. The members of the lower branch were to be chosen by the people. The lower house should elect members of the upper house from a list of persons nominated by the state legislatures.

C. The national executive to be chosen by the national legislature, and to be ineligible for election the second time.

D. A national judiciary to be chosen by the national legislature and with a limited jurisdiction, as the

right to try cases of impeachment and to try suits
to which foreigners should be parties.

E. The powers of the Congress were to be very broad,
and not enumerated or delegated powers. The
right to legislate extended to all cases where the
states were incompetent, or where the general in-
terest demanded. This plan, coming from Vir-
ginia, was much stronger than the one adopted.
F. The Congress should be invested with veto power
over acts of the state legislatures, and could call
out the militia against the states to compel obedi-

ence.

G. The executive and a convenient number of the judiciary should constitute a Council of Revision to consider an act before it should go into effect. This was to be a check on the legislature.

H. Amendments to the instrument were to be submitted to the states for ratification.

I. The provisions of the "Articles of Union" were to be binding upon and enforced by officials of the

states.

III. The Charles Pinckney plan.

On May 29, Pinckney presented a plan which was submitted to the Committee of the Whole. Nothing more was heard of it until it was submitted to the Committee of Detail in July. It was not debated, but went to this committee and disappeared. There has been much conjecture as to the effect of this plan. In 1818, John Quincy Adams wrote Pinckney, asking for his plan. In his letter of transmittal, Pinckney observed that his plan was substantially the one adopted by the Convention. Such men

as Madison and King were of the opinion that the plan described by Pinckney was not what was submitted to the Convention. The claim of investigators is that Pinckney's claim is not valid. Moreover, his plan contains provisions which were arrived at as compromises after long debate. The Pinckney plan has been reconstructed from the Wilson papers.

IV. The Paterson or New Jersey scheme.

This plan contains certain fundamental principles, but was designed to save the Articles of Confederation. Its leading features were:

A. Seeks a revision of the Articles of Confederation. B. Would increase the powers of Congress to include the regulation of trade, the issuing and collection of requisitions, and the taxing of imports.

C. Would establish a plural executive.

D. A judiciary to be appointed by the executive.

E. Treaties and acts of Congress were to be the supreme law of the land, the acts of the state legislatures to the contrary notwithstanding.

F. Provision was made for the extradition of criminals, the admission of new states, and the enactment of uniform naturalization laws.

V. Hamilton's draft.

The design of Alexander Hamilton embraced the following salient points:

A. Universal manhood suffrage.

B. The lower house to be elected by all free male

citizens.