9. That a national executive ought to be instituted, to consist of a single person; to be chosen by the national legislature, for the term of seven years; with power to carry into execution the national laws, to appoint to offices in cases not otherwise provided for, to be ineligible a second time, and to be removable on impeachment and conviction of malpractices or neglect of duty; to receive a fixed stipend by which he may be compensated for the devotion of his time to the public service, to be paid out of the national treasury. 10. That the national executive shall have a right to negative any legislative act which shall not be afterwards passed by twothirds of each branch of the national legislature. II. That a national judiciary be established, to consist of one supreme tribunal, the judges of which shall be appointed by the second branch of the national legislature, to hold their offices during good behavior, and 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. 12. That the national legislature be empowered to appoint inferior tribunals. 13. That the jurisdiction of the national judiciary shall extend to all cases which respect the collection of the national revenue, impeachments of any national officer, and questions which involve the national peace and harmony. 14. Same as 10 Virginia. 15. Same as 12 Virginia. 16. That a republican constitution, and its existing laws, ought to be guaranteed to each State by the United States. 17. That provision ought to be made for the amendment of the Articles of Union, whensoever it shall seem necessary. 18. Same as 14 Virginia. 19. Same as 15 Virginia. JERSEY PLAN. "This plan had been concerted among the deputations, or members thereof, from Connecticut, New York, New Jersey, Delaware, and perhaps Mr. Martin, from Maryland, who made with them a common cause, though on different principles. Connecticut and New York were against a departure from the principle of the Confederation, wishing rather to add a few new powers to Congress than to substitute a national government. The States of New Jersey and Delaware were opposed to a national government, because its patrons considered a proportional representation of the States as the basis of it. The eagerness displayed by the members opposed to a national government, from these different motives, now began to produce serious anxiety for the result of the Convention." Note by Madison, Elliot, v. 191. Bancroft says that New York and Connecticut are wrongly classed together here. "In conduct and intention the delegates of Connecticut were very unlike Yates and Lansing." ii. 38, note. Bancroft, ii. 38-43, 46; Bancroft, Elliot, v. 193-199, 206-211 (Madison's analysis); Lalor, i. 639. 547. JERSEY PLAN, OFFERED JUNE 15. 1. That the Articles of Confederation ought to be revised, corrected, and enlarged, so as to render the Federal Constitution adequate to the exigencies of the Union. 2. 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 and merchandise 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 and packages passing through the general postoffice, — to be applied to such federal purposes as they shall 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 rules and regulations, shall be adjudged by the common-law judiciary of the States in which any offence contrary to the true intent and meaning of such rules and regulations shall be committed or perpetrated; with liberty of commencing, in the first instance, all suits or prosecutions for that purpose in the superior common-law judiciary of such State; subject, nevertheless, to an appeal for the correction of all errors both in law and fact, in rendering judgment, to the judiciary of the United States. 3. That, whenever requisitions shall be necessary, instead of the present rules, 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 threefifths 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 to be 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 be hereafter increased or diminished. |