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 be ineligible a second time, and removeable on impeachment and conviction for malpractices or neglect of duty, by congress, on application by a majority of the executives of the several states. That the executive, besides a general authority to execute 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 military enterprise as general or in any 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 and privileges of ambassadors; in all cases of captures from an enemy; in all cases of piracies and felonies on the high seas; in all cases in which foreigners may be interested, in the construction of any treaty or treaties, or which may arise on any act or ordinance of congress for the regulation of trade, or the collection of the federal revenue. That none of the judiciary officers shall, during the time they remain in office, be capable of receiving or holding any other office or appointment during their term of service, or for thereafter.

6. Resolved, That the legislative, executive, and judiciary powers within the several states, ought to be bound, by oath, to support the articles of union.

7. Resolved, That all acts of the United States in congress assembled, made by virtue and in pursuance of the powers hereby vested in them, and by the articles of the confederation, and all treaties made and ratified under the authority of the United States, shall be the supreme law of the respective states, as far as those acts or treaties shall relate to the said states, or their citizens; and that the judiciaries 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 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 authorised to call forth the powers 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.

8. Resolved, That provision ought to be made for the admission of new states into the union.

9. Resolved, That provision ought to be made for hearing and deciding upon all disputes arising between the United States and an individual state, respecting territory.

10. Resolved, That the rule for naturalization ought to be the same in every state.

11. Resolved, That a citizen of one state, committing an offence in another state, 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.

COL. HAMILTON'S PLAN OF GOVERNMENT.

THE FOLLOWING PAPER WAS READ BY COL. HAMILTON, AS CONTAINING HIS IDEAS OF A SUITABLE PLAN OF GOVERNMENT FOR THE UNITED STATES.

1. The supreme legislative power of the United States of America to be vested in two distinct bodies of men, the one to be called the assembly, the other the senate, who, together, shall form the legislature of the United States, with power to pass all laws whatsoever, subject to the negative hereafter mentioned.

2. The assembly to consist of persons elected by the people, to serve for three years.

3. The senate to consist of persons elected to serve during good behaviour; their election to be made by electors chosen for that purpose by the people. In order to this, the states to be divided into election districts. On the death, removal, or resignation of any senator, his place to be filled out of the district from which he

came.

4. The supreme executive authority of the United States to be vested in a governor, to be elected to serve during good behaviour. His election to be made by electors, chosen by electors, chosen by the people, in the election districts aforesaid. His authorities and functions to be as follows :

To have a negative upon all laws about to be passed, and the execution of all laws passed; to have the entire direction of war, when authorised, or begun; to have, with the advice and approbation of the senate, the pow er of making all treaties; to have the sole appointment of the heads or chief officers of the departments of finance, war, and foreign affairs; to have the nomination of all other officers, (ambassadors to foreign nations included) subject to the approbation or rejection of the senate; to

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have the power of pardoning all offences, except treason, which he shall not pardon, without the approbation of the senate.

5. On the death, resignation, or removal of the governor, his authorities to be exercised by the president of the senate, until a successor be appointed.

6. The senate to have the sole power of declaring war; the power of advising and approving all treaties; the power of approving or rejecting all appointments of officers, except the heads or chiefs of the departments of finance, war and foreign affairs.

7. The supreme judicial authority of the United States to be vested in judges, to hold their offices during good behaviour, with adequate and permanent salaries. This court to have original jurisdiction in all causes of capture; and an appellative jurisdiction in all causes, in which the revenues of the general government, or the citizens of foreign nations, are concerned.

8. The legislature of the United States to have power to institute courts in each state, for the determination of all matters of general concern.

9. The governors, senators, and all officers of the United States to be liable to impeachment for mal and corrupt conduct; and, upon conviction, to be removed from office, and disqualified for holding any place of trust, or profit. All impeachments to be tried by a court to consist of the chief, or senior judge of the superior court of law in each state; provided, that such judge hold his place during good behaviour, and have a permanent salary.

10. All laws of the particular states, contrary to the constitution or laws of the United States, to be utterly void. And the better to prevent such laws being passed, the governor or president of each state shall be appointed by the general government, and shall have a negative

upon the laws about to be passed in the state of which he is governor, or president.

11. No state to have any forces, land or naval; and the militia of all the states to be under the sole and exclusive direction of the United States; the officers of which to be appointed and commissioned by them.

STATE OF THE RESOLUTIONS

SUBMITTED TO THE CONSIDERATION OF THE HOUSE BY THE HONORABLE MR. RANDOLPH, AS ALTERED, AMENDED AND AGREED TO, IN COMMITTEE OF THE WHOLE HOUSE.

1. Resolved, That it is the opinion of this committee that a national government ought to be established, consisting of a supreme legislative, judiciary and executive.

2. Resolved, That the national legislature ought to consist of two branches.

3. Resolved, That the members of the first branch of the national legislature ought to be elected by the people of the several states for the term of the years; to receive fixed stipends, by which they may be compensated for the devotion of their time to public service, to be paid out of the national treasury; 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 under the national government, for the space of one year after its expiration.

4. Resolved, That the members of the second branch of the national legislature ought to be chosen by the individual legislatures; to be of the age of thirty years at least ; to hold their offices for a term sufficient to insure their independency, namely, seven years; to receive fixed stipends, by which they may be compensated for the