16. Resolved, That the jurisdiction of the national judiciary shall extend to cases arising under laws passed by the general legislature; and to such other questions as involve the national peace and harmony.

17. Resolved, That provision ought to be made for the admission of states lawfully arising within the limits of the United States, whether from a voluntary junction of government and territory, or otherwise, with the consent of a number of voices in the national legislature less than the whole.

18. Resolved, That a republican form of government shall be guaranteed to each state; and that each state shall be protected against foreign and domestic violence.

19. Resolved, That provision ought to be made for the amendment of the articles of union, whensoever it shall seem necessary.

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

21. Resolved, That the amendments which shall be offered to the confederation by the convention ought, at a proper time or times after the approbation of congress, to be submitted to an assembly or assemblies of representatives recommended by the several legislatures, to be expressly chosen by the people to consider and decide thereon.

22. Resolved, That the representation in the second branch of the legislature of the United States consist of two members from each state, who shall vote per capita,

23. Resolved, That it be an instruction to the committee, to whom were referred the proceedings of the convention for the establishment of a national government, to receive a clause or clauses, requiring certain qualifications of property and citizenship, in the United States,

for the executive, the judiciary, and the members of both branches of the legislature of the United States.

4440

DRAFT OF A CONSTITUTION,

REPORTED BY THE COMMITTEE OF FIVE, AUG. 6, 1787. We the people of the states of New-Hampshire, Massachusetts, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, do ordain, declare and establish the following constitution for the government of ourselves and our posterity.

ARTICLE 1.

The style of this government shall be, "The United States of America."

ARTICLE II.

The government shall consist of supreme legislative, executive, and judicial powers.

ARTICLE III. 蠢

The legislative power shall be vested in a congress, to consist of two separate and distinct bodies of men, a house of representatives and a senate; each of which shall, in all cases, have a negative on the other. The legislature shall meet on the first Monday in December in every year.

ARTICLE IN

Sect. 1. The members of the house of representatives shall be chosen every second year, by the people of the several states comprehended within this union. The qualifications of the electors shall be the same, from time

to time, as those of the electors in the several states of the most numerous branch of their own legislatures.

Sect. 2. Every member of the house of representatives shall be of the age of twenty-five years at least ; shall have been a citizen in the United States for at least three years before his election; and shall be at the time of his election, a resident of the state in which he shall be chosen.

Sect. 3. The house of representatives, shall, at its first formation, and until the number of citizens and inhabitants shall be taken in the manner hereinafter described, consist of sixty-five members; of whom three shall be chosen in New-Hampshire, eight in Massachusetts, one in Rhode-Island and Providence Plantations, five in Connecticut, six in New-York, four in New-Jersey, eight in Pennsylvania, one in Delaware, six in Maryland, ten in Virginia, five in North Carolina, five in South Carolina, and three in Georgia.

Sect. 4. As the proportions of numbers in the different states will alter from time to time; as some of the states may hereafter be divided; as others may be enlarg ed by addition of territory; as two or more states may be united; as new states will be erected within the limits of the United States, the legislature shall, in each each of these cases, regulate the number of representatives by the number of inhabitants, according to the provisions hereinafter made, at the rate of one for every forty thousand.

Sect. 5. All bills for raising or appropriating money, and for fixing the salaries of the officers of government, shall originate in the house of representatives, and shall not be altered or amended by the senate. No money shall be drawn from the public treasury, but in pursuance of appropriations that shall originate in the house of representatives.

Sect. 6. The house of representatives shall have the

sole power of impeachment. It shall choose its speaker and other officers.

Sect. 7. Vacancies in the house of representatives shall be supplied by writs of election from the executive authority of the state, in the representation from which they shall happen.

ARTICLE V.

Sect. 1. The senate of the United States shall be cho-, sen by the legislatures of the several states. Each legislature shall choose two members. Vacancies may be supplied by the executive until the next meeting of the legislature. Each member shall have one votc.

Sect. 2. The senators shall be chosen for six years; but, immediately after the first election, they shall be divided, by lot, into three classes, as nearly as may be, numbered one, two and three. The seats of the members of the first class shall be vacated at the expiration of the second year; of the second class at the expiration of the fourth year; of the third class at the expiration of the sixth year; so that a third part of the members may be chosen every second year.

Sect. 3. Every member of the senate shall be of the age of thirty years at least; shall have been a citizen in the United States for at least four years before his election; and shall be, at the time of his election, a resident of the state for which he shall be chosen.

Sect. 4. The senate shall choose its own president and other officers.

ARTICLE VI.

Sect. 1. The times, and places and the manner of holding the elections of the members of each house, shall be prescribed by the legislature of each state; but their provisions concerning them may, at any time, be altered by the legislature of the United States.

Sect. 2. The legislature of the United States shall have authority to establish such uniform qualifications of the members of each house with regard to property, as to the said legislature shall seem expedient.

Sect. 3. In each house a majority of the members shall, constitute a quorum to do business ; but a smaller number may adjourn from day to day.

Sect. 4. Each house shall be the judge of the elections, returns, and qualifications of its own members.

Sect. 5. Freedom of speech and debate in the legislature shall not be impeached or questioned in any court or place out of the legislature; and the members of each house shall, in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at congress, and in going to and returning from it.

Sect. 6. Each house may determine the rules of its proceedings; may punish its members for disorderly behaviour; and may expel a member.

Sect. 7. The house of representatives, and the senate, when it shall be acting in a legislative capacity, shall keep a journal of their proceedings; and shall, from time to time, publish them and the yeas and nays of the members of each house, on any question, shall, at the desire of one-fifth part of the members present, be entered on the journal.

Sect. 8. Neither house, without the consent of the other, shall adjourn for more than three days, nor to any other place than that at which the two houses are sitting. But this regulation shall not extend to the senate, when it shall exercise the powers mentioned in the article.

Sect. 9. The members of each house shall be ineligible to, and incapable of holding any office under the authority of the United States, during the time for which they shall respectively be elected; and the members of