Variant Texts of the Plan Presented by Alexander Hamilton – Text D
Documents Illustrative of the Formation of the Union of the American States
Selected, Arranged, and Indexed by Charles C. Tansill
VARIANT TEXTS OF THE PLAN PRESENTED BY ALEXANDER HAMILTON TO THE FEDERAL CONVENTION, JUNE 18, 1787.
TEXT D.[Quoted from Read, William T. Life and Correspondence of George Read. ( Philadelphia, 1870), pp. 453-454]
1. The supreme legislative power to be in an Assembly and Senate,laws passed by them subject to the after-mentioned negative.
2. Senate,to serve during good behavior,to be chosen by electors elected by the people in election districts, into which the States will be divided. In case of death of a senator, the vacancy to be filled out of the district whence he came.
3. The supreme executive to be a governor elected, during good behavior, by electors chosen by the people in the election districts; his functions,to have a negative on all laws about to be passed, and the execution of all passed; the direction of war, when declared; to make, with the advice and approbation of the Senate, all treaties; to have the sole appointments of the heads of the departments of finance and foreign affairs, and the nomination of all other officers (ambassadors included), subject to the approbation or rejection by the Senate; and the sole power of pardon, except in case of treason, in which he shall exercise it, subject to the approval of the Senate. In case of the death, removal, or resignation of the governor, his authority to be exercised by the President of the Senate till his successor is appointed.
4. The Senate shall have the sole power to declare war; the power of advising and approving treaties, and the power of approving or rejecting all appointments of officers except the chiefs of the departments of finance and foreign affairs.
5. The supreme judicial authority to be in judges, to hold office during good behavior, with adqeuate and permanent salaries; to have original jurisdiction in all cases of capture, and appellate jurisdiction in all cases concerning the revenues of the general government, or the citizens of foreign nations.
6. The United States Legislature to have power to institute courts in each State for the determination of all matters of general concern.
7. All officers of the United States to be liable to impeachment for malconduct, and, on conviction, to removal from office, and to be disqualified for holding any place of trust or profit. Impeachments to be tried by a court to consist of the chief or judges of the superior court of law of each State, provided he hold his place, during good behavior, and have an adequate salary.
8. All laws of particular States, contrary to the Constitution and laws of the United States, to be utterly void; and the better to prevent the passing of such laws 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.
9. No State to have any land or naval force; and the militia of all the States to be under the sole and exclusive direction of the United States, who shall appoint and commission all the officers thereof.