The Mystery of the Pinckney Draught Part 13

MR. CHARLES PINCKNEY'S DRAUGHT OF A FEDERAL GOVERNMENT

We the people of the States of New Hamps.h.i.+re Ma.s.sachusetts Rhode Island & Providence Plantations--Connecticut New York New Jersey Pennsylvania Delaware Maryland Virginia North Caroline South Carolina & Georgia do ordain declare & establish the following Const.i.tution for the Government of Ourselves and Posterity.

Article 1:

The Stile of This Government shall be The United States of America & The Government shall consist of supreme legislative Executive and judicial Powers--

2

The Legislative Power shall be vested in a Congress To consist of Two separate Houses--One to be called The House of Delegates & the other the Senate who shall meet on the * * * day of * * * in every Year

3

The members of the House of Delegates shall be chosen every * * * Year by the people of the several States & the qualification of the electors shall be the same as those of the Electors in the several States for their legislatures--each member shall have been a citizen of the United States for * * * Years--shall be of * * * Years of age & a resident of the State he is chosen for--until a census of the people shall be taken in the manner herein after mentioned the House of Delegates shall consist of * * * to be chosen from the different states in the following proportions--for New Hamps.h.i.+re. * * * for Ma.s.sachusetts * * * for Rhode Island * * *. for Connecticut. * * * for New York * * * for New Jersey, * * * for Pennsylvania. * * * for Delaware * * * for Maryld * * * for Virginie. * * * for North Caroline * * * for South Carolina----. for Georgia----. & the Legislature shall hereafter regulate the number of delegates by the number of inhabitants according to the Provisions hereinafter made, at the rate of one for every * * * thousand----all money bills of every kind shall originate in the house of Delegates & shall not be altered by the Senate--The House of Delegates shall exclusively possess the power of impeachment & shall choose its own Officers & Vacancies therein shall be supplied by the Executive authority of the State in the representation from which they shall happen--

4

The Senate shall be elected & chosen by the House of Delegates which House immediately after their meeting shall choose by ballot * * *

Senators from among the Citizens & residents of New Hamps.h.i.+re. * * *

from among those of Ma.s.sachusetts. * * * from among those of Rhode Island. * * * from among those of Connecticut. * * * from among those of New York. * * * from among those of New Jersey * * * from among those of Pennsylvanie * * * from among those of Delaware-- * * * from among those of Maryland, * * * from among those of Virginia * * * from among those of North Caroline * * * from among those of South Caroline & * * * from among those of Georgia--

The Senators chosen from New Hamps.h.i.+re Ma.s.sachusetts Rhode Island & Connecticut shall form one cla.s.s--those from New York New Jersey Pennsylvanie & Delaware one cla.s.s--& those from Maryland Virginie North Caroline South Caroline & Georgia one cla.s.s--

The House of Delegates shall number these Cla.s.ses one two three & fix the times of their service by Lot--the first Cla.s.s shall serve for * * *

Years--the second for * * * Years & the third for * * * Years--as their Times of service expire the House of Delegates shall fill them up by Elections for * * * Years & they shall fill all Vacancies that arise from death or resignation for the Time of service remaining of the members so dying or resigning--

Each Senator shall be * * * years of age at leest--shall have been a Citizen of the United States at 4 Years before his Election & shall be a resident of the state he is chosen from--

The Senate shall choose its own Officers

5

Each State shall prescribe the time & manner of holding Elections by the People for the house of Delegates & the House of Delegates shall be the judges of the Elections returns & Qualifications of their members.

In each house a Majority shall const.i.tute a Quorum to do business--Freedom of Speech & Debate in the legislature shall not be impeached or Questioned in any place out of it & the Members of both Houses shall in all cases except for Treason Felony or breach of the Peace be free from arrest during their attendance at Congress & in going to & returning from it--both houses shall keep journals of their Proceedings & publish them except on secret occasions & the yeas and nays may be entered thereon at the desire of one * * * of the members present.

Neither house without the consent of the other shall adjourn for more than * * * days nor to any Place but where they are sitting.

The members of each house shall not be eligible to or capable of holding any office under the Union during the time for which they have been respectively elected nor the members of the Senate for one Year after--

The members of each house shall be paid for their services by the State's which they represent--

Every bill which shall have pa.s.sed the Legislature shall be presented to the President of the United States for his revision--if he approves it he shall sign it--but if he does not approve it he shall return it with his objections to the house it originated in, which house if two thirds of the members present, notwithstanding the Presidents objections agree to pa.s.s it, shall send it to the other house with the Presidents Objections, where if two thirds of the members present also agree to pa.s.s it, the same shall become a law--& all bills sent to the President & not returned by him within * * * days shall be laws unless the Legislature by their adjournment prevent their return in which case they shall not be laws.

6th

The Legislature of the United States shall have the power to lay & collect Taxes, Duties, Imposts & Excises

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 pa.s.s 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 & a.r.s.enals & erect such fortifications as may be necessary for the United States, & to exercise exclusive Jurisdiction therein

To appoint a Treasurer by ballott

To const.i.tute 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