|Notes on the Debates in the Federal Convention
By James Madison
June 15, 1787
Friday June 15, 1787
Mr. PATTERSON, laid before the Convention the plan which he said several of the deputations wished to be substituted in
place of that proposed by Mr. Randolph. After some little discussion of the most proper mode of giving it a fair deliberation it
was agreed that it should be referred to a Committee of the whole, and that in order to place the two plans in due comparison,
the other should be recommitted. At the earnest desire of Mr. Lansing and some other gentlemen, it was also agreed that the
Convention should not go into Committee of the whole on the subject till tomorrow, by which delay the friends of the plan
proposed by Mr. Patterson would be better prepared to explain & support it, and all would have an opportunity of taking
The propositions from North Jersey moved by Mr. Patterson were in the words following.
1. Resolved: That the articles of Confederation ought to be so revised, corrected and enlarged, as to render the federal
Constitution adequate to the exigencies of Government, and the preservation of the Union.
2. Resolved: That in addition to the powers vested in the U. 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 or 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 or packages passing through the general post-office, 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 acts rules and regulations shall be adjudged by the Common law Judiciaries of the State in which any
offence contrary to the true intent and meaning of such Acts rules and regulations shall have been committed or perpetrated,
with liberty of commencing in the first instance all suits and prosecutions for that purpose in the superior common law
Judiciary in such State, subject nevertheless, for the correction of all errors, both in law and fact in rendering Judgment, to an
appeal to the Judiciary of the United States.
3. Resolved: That whenever requisitions shall be necessary, instead of the rule for making requisitions mentioned in the
articles of Confederation, 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 three fifths 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 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 hereafter be increased or diminished.
4. Resolved: That the United States in Congress be authorized to elect a federal Executive to consist of _____ persons, to
continue in office for the term of ____ years, 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 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 removable by Congress on application
by a majority of the Executives of the several States; that the Executives besides their 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 enterprise as General or in 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 behavior, 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 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 of the Acts for
regulation of trade, or the collection of the federal Revenue; that none of the Judiciary shall during the time they remain in
office be capable of receiving or holding any other office or appointment during their time of service, or for _____ thereafter.
6. Resolved: That all Acts of the United States in Congress made by virtue and in pursuance of the powers hereby and by the
articles of Confederation vested in them, and all Treaties made and ratified under the authority of the United States shall be the
supreme law of the respective States so far forth as those Acts or Treaties shall relate to the said States or their Citizens, and
that the Judiciary 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 that 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 authorized to call forth the power 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.
7. Resolved: That provision be made for the admission of new States into the Union.
8. Resolved: The rule for naturalization ought to be the same in every State.
9. Resolved: That a Citizen of one State committing an offense in another State of the Union, shall be deemed guilty of the
same offense as if it had been committed by a Citizen of the State in which the offense was committed.
|The Illinois Conservative