APPENDIX C
THE VIRGINIA PLAN OR RANDOLPH RESOLUTIONS.
As their state had taken the lead in calling the Federal Convention, the Virginia delegates felt a sense of responsibility. They accordingly prepared an outline of a new government, which was presented on May 29 in the form of a series of resolutions by Randolph, the governor of the state.[1] These resolutions, commonly known as the Randolph Resolutions, but more properly designated as the Virginia Plan, became the basis of the work of the Convention and, expanded and developed, eventually grew into the Constitution as adopted.
In the later stages of the proceedings of the Convention the delegates were provided with printed copies of the more important documents, but in the earlier stages the delegates were forced to make their own copies. As the importance of the Virginia Plan was early recognized and was the subject of discussion for two weeks in a committee of the whole house, not a few of the delegates made copies of this plan, of which several are still in existence,—e.g., Madison’s, Washington’s, Brearley’s, McHenry’s et al. The original document is missing,[2] and the various copies differ among themselves. There are inevitable slight variations in wording, spelling, and punctuation, but the most significant differences are found in the sixth and ninth resolutions.
The sixth resolution reads: “That the National Legislature ought to be empowered … to negative all laws passed by the several states, contravening in the opinion of the National Legislature the articles of Union”, and at this point some of the texts add “or any treaty subsisting under the authority of the Union”. The records show clearly that this additional clause was not in the original, as it was inserted on the motion of Franklin, May 31.[3] Madison’s copy gives the correct reading.
In Madison’s copy the ninth resolution reads:
“9. Resd. that a National Judiciary be established to consist of one or more supreme tribunals, and of inferior tribunals to be chosen by the National Legislature, … that the jurisdiction of the inferior tribunals shall be to hear & determine in the first instance,
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