Documents Illustrative of the Formation of the Union of the American States
VARIANT TEXTS OF THE PLAN PRESENTED BY ALEXANDER HAMILTON TO THE FEDERAL CONVENTION, JUNE 18, 1787.
Selected, Arranged, and Indexed by Charles C. Tansill
TEXT C.[Quoted from Documentary History of the Constitution of the United States of America, vol I, pp. 327-329]
1st. 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 Legislative of the United States, with Power to pass all Laws whatsoever, subject to the negative hereafter mentioned.
2d. The Assembly to consist of Persons elected by the People to serve for three years.
3d. The Senate to consist of persons elected to serve during good behavior, 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.
4th. The Supreme Executive Authority of the U. States to be vested in a Governor to be elected to serve during good behavior. 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 follow.to have a negative upon all Laws about to be passed, and the execution of all laws passed.To have the intire direction of War when authorized or begun.To have, with the advice and approbation of the Senate, the Power 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 have the power of pardoning all offences except Treason, which he shall not pardon without the ["consent" stricken out] approbation of the Senate.
5th. On the death, resignation or removal of the Governor, his Authorities to be exercized by the President of the Senate until a successor be appointed.
6th. 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.
7th. The Supreme Judicial Authority of the United States to be vested in judges, to hold their Offices during good behavior, with adequate and permanent Salaries. This Court to have original jurisdiction in all Causes of Capture, and an ["Appellant" stricken out] Appellative jurisdiction in all causes in which the Revenues of the General Government, or the Citizens of foreign Nations are concerned.
8th. The Legislature of the United States to have Power to institute Courts in each State["s" stricken out] for the determination of all matters of general concern.
9th. 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 of each State, provided that such judge hold his place during good behavior and have a permanent Salary.
10th. 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.
11th. 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.