# The Records of the Federal Convention of 1787/Volume 3/Appendix D

APPENDIX D

THE PINCKNEY PLAN

On May 29, after Randolph had presented the Virginia Plan to the Convention, “Mr. Charles Pinckney … laid before the House for their consideration, the draught of a fœderal government to be agreed upon between the free and independent States of America.” This plan was referred to the Committee of the Whole House, which was to take the Virginia Plan into consideration. Nothing more is recorded of it, except that on July 24 the Committee of the Whole was formally discharged from further consideration of it and it was referred to the Committee of Detail which was appointed to draft a constitution upon the basis of the proceedings of the Convention at that date.

When John Quincy Adams was preparing the Journal for publication, the Pinckney Plan was not to be found among the secretary’s papers, and Pinckney himself was appealed to for a copy of the missing document.[1] In response Pinckney stated:

“I have already informed you I have several rough draughts of the Constitution I proposed & that they are all substantially the same differing only in words & the arrangement of the Articles—at the distance of nearly thirty two Years it is impossible for me now to say which of the 4 or 5 draughts I have was the one but enclosed I send you the one I believe was it—I repeat however that they are substantially the same differing only in form & unessentials——”[2].

Adams accepted this statement and printed the following document:—

We the People of the States of New Hampshire Massachusetts Rhode Island & Providence Plantations —Connecticut New York New Jersey Pennyslvania Delaware Maryland Virginia North Caroline South Carolina & Georgia do ordain, declare & establish the following Constitution for the Government of Ourselves & Posterity.

Article 1:

The Stile of This Government shall be The United States of America & The Government shall consist of supreme legislative Executive

and judicial Powers—

2

The Legislative Power shall be vested in a Congress to consist of Two separate Houses — One to be called The House of Delegates & the other the Senate who shall meet on the ﻿ Day of ﻿ in every Year

3

The members of the House of Delegates shall be chosen every ﻿ Year by the people of the several States & the qualifications of the electors shall be the same as those of the Electors in the several States for their legislatures—each member shall have been a citizen of the United States for ﻿ Years—shall be of ﻿ Yea of age & a resident of the State he is chosen for—until a census of the people shall be taken in the manner herein aftermentioned the House of Delegates shall consist of ﻿ to be chosen from the different states in the following proportions[3]—& the Legislature shall hereafter regulate the number of delegates by the number of inhabitants according to the Provisions herein after made at the rate of one for every ﻿ thousand—all money bills of every kind shall originate in the house of Delegates & shall not be altered by the Senate—The House of Delegates shall exclusively possess the power of impeachment & shall choose it’s own Officers & Vacancies therein shall be supplied by the executive authority of the State in the representation from which they shall happen—

4

The Senate shall be elected & chosen by the House of Delegates which house immediately after their meeting shall choose by ballot ﻿ Senators from among the Citizens & residents of New Hampshire. ﻿ from among those of Massachusetts. .﻿ from among those of Rhode Island ﻿ from among those of Connecticut. ﻿ from among those of New York. ﻿ from among those of New Jersey ﻿ from among those of Pennsylvanie ﻿ from among those of Delaware— ﻿ from among those of Maryland. ﻿ from among those of Virginia ﻿ from among those of North Caroline ﻿ from among those of South Caroline & ﻿ from among those of Georgia—

The Senators chosen from New Hampshire Massachusetts Rhode Island & Connecticut shall form one class—those from New York New Jersey Pennsylvanie & Delaware one class—& those from Maryland Virginia North Caroline South Caroline & Georgia one class—

The House of Delegates shall number these Classes one two & three & fix the times of their service by Lot—the first Class shall serve for ﻿ Years—the second for ﻿ Years & the third for ﻿ Years—as their Times of service expire the House of Delegates shall fill them up by Elections for ﻿ Years & they shall fill all Vacancies that arise from death or resignation for the Time of service remaining of the members so dying or resigning—

Each Senator shall be ﻿ Years of age at leest—shall have been a Citizen of the United States 4 Years before his Election & shall be a resident of the state he is chosen from——

The Senate shall choose it’s own Officers

5

Each State shall prescribe the time & manner of holding Elections by the People for the house of Delegates & the House of Delegates shall be the judges of the Elections returns & Qualifications of their members

In each House a Majority shall constitute a Quorum to do business—Freedom of Speech & Debate in the legislature shall not be impeached or Questioned in any place out of it & the Members of both Houses shall in all cases except for Treason Felony or breach of the Peace be free from arrest during their attendance at Congress & in going to & returning from it—both houses shall keep journals of their Proceedings & publish them except on secret occasions & the yeas & nays may be entered thereon at the desire of one of the members present.

Neither house without the consent of the other shall adjourn for more than ﻿ days nor to any Place but where they are sitting

t The members of each house shall not be eligible to or capable of holding any office under the Union during the time for which they have been respectively elected nor the members of the Senate for one Year after—

The members of each house shall be paid for their services by the State’s which they represent—

Every bill which shall have passed the Legislature shall be presented to the President of the United States for his revision—if he approves it he shall sign it—but if he does not approve it he shall return it with his objections to the house it originated in, which house if two thirds of the members present, notwithstanding the Presidents objections agree to pass it, shall send it to the other house with the Presidents Objections, where if two thirds of the members present also agree to pass it, the same shall become a law — & all bills sent to the President & not returned by him within ﻿ days shall be laws unless the Legislature by their adjournment prevent their return in which case they shall not be laws

6

The Legislature of the United States shall have the power to lay & collect Taxes Duties Imposts & Excises

To regulate Commerce with all nations & among the several states. —

To borrow money & emit bills of Credit

To establish Post Offices

To raise armies

To build & equip Fleets

To pass laws for arming organizing & disciplining the Militia of the United States. —

To subdue a rebellion in any state on application of its legislature

To coin money & regulate the Value of all coins & fix the Standard of Weights & measures

To provide such Dock Yards & arsenals & erect such fortifications as may be necessary for the United States & to exercise exclusive Jurisdiction therein

To appoint a Treasurer by ballott

To constitute Tribunals inferior to the Supreme Court

To establish Post & military Roads

To establish and provide for a national University at the Seat of the Government of the United States —

To establish uniform rules of Naturalization

 To provide for the establishment of a Seat of Government for the United States not exceeding ﻿ miles square in which they shall have exclusive jurisdiction ${\displaystyle {\bigg \}}}$

To make rules concerning Captures from an Enemy

 To declare the law & Punishment of piracies & felonies at sea & of counterfieting Coin & of all offences against the Laws of Nations ${\displaystyle {\bigg \}}}$

To call forth the aid of the Militia to execute the laws of the Union enforce treaties suppress insurrections & repel invasions

And to make all laws for carrying the foregoing powers into execution. —

The Legislature of the United States shall have the Power to declare the Punishment of Treason which shall consist only in levying War against the United States or any of them or in adhering to their Enemies. — No person shall be convicted of Treason but by the Testimony of two Witnesses. —

The proportions of direct Taxation shall be regulated by the whole number of inhabitants of every description which number shall within ﻿ Years after the first meeting of the Legislature & within the term of every ﻿ Years after be taken in the manner to be prescribed by the legislature

No Tax shall be laid on articles exported from the States—nor capitation tax but in proportion to the Census before directed

All Laws regulating Commerce shall require the assent of two thirds of the members present in each house—

The United States shall not grant any title of Nobility—— The Legislature of the United States shall pass no Law on the subject of Religion, nor touching or abridging the Liberty of the Press nor shall the Privilege of the Writ of Habeas Corpus ever be suspended except in case of Rebellion or Invasion

All acts made by the Legislature of the United States pursuant to this Constitution & all Treaties made under the authority of the United States shall be the Supreme Law of the Land & all Judges shall be bound to consider them as such in their decisions

7

The Senate shall have the sole & exclusive power to declare War & to make treaties & to appoint Ambassadors & other Ministers to Foreign nations & Judges of the Supreme Court

They shall have the exclusive power to regulate the manner of deciding all disputes & Controversies now subsisting or which may arise between the States respecting Jurisdiction or Territory

8

The Executive Power of the United States shall be vested in a President of the United States of America which shall be his stile & his title shall be His Excellency——He shall be elected for ﻿ Years & shall be reeligible

He shall from time give information to the Legislature of the state of the Union & recommend to their consideration the measures he may think necessary—he shall take care that the laws of the United States be duly executed: he shall commission all the Officers of the United States & except as to Ambassadors other ministers & Judges of the Supreme Court he shall nominate & with the consent of the Senate appoint all other Officers of the United States— He shall recieve public Ministers from foreign nations & may correspond with the Executives of the different states— He shall have power to grant pardons & reprieves except in impeachments— He shall be Commander in chief of the army & navy of the United States & of the Militia of the several states & shall recieve a compensation which shall not be increased or diminished during his continuance in office— At Entering on the Duties of his office he shall take an Oath to faithfully execute the duties of a President of the United States— He shall be removed from his office on impeachment by the house of Delegates & Conviction in the supreme Court of Treason bribery or Corruption— In case of his removal death resignation or disability The President of the Senate shall exercise the duties of his office until another President be chosen—& in case of the death of the President of the Senate the Speaker of the House of Delegates s shall do so——

9

The Legislature of the United States shall have the Power & it shall be their duty to establish such Courts of Law Equity & Admiralty as shall be necessary—the Judges of these Courts shall hold their Offices during good behaviour & recieve a compensation which shall not be increased or diminished during their continuance in office—One of these Courts shall be termed the Supreme Court whose Jurisdiction shall extend to all cases arising under the laws of the United States or affecting ambassadors other public Ministers & Consuls—To the trial of impeachments of Officers of the United States— To all cases of Admiralty & maritime jurisdiction— In cases of impeachment affecting Ambassadors & other public Ministers the Jurisdiction shall be original & in all the other cases appellate—

All Criminal offenses, (except in cases of impeachment) shall be tried in the State where they shall be committed—the trial shall be open & public & be by Jury—

10

Immediately after the first census of the people of United States the House of Delegates shall apportion the Senate by electing for each State out of the Citizens resident therein One Senator for every ﻿ members such state shall have in the house of Delegates—Each State however shall be entitled to have at least one member in the Senate——

11

No State shall grant letters of marque & reprisal or enter into treaty or alliance or confederation nor grant any title of nobility nor without the Consent of the Legislature of the United Sutes lay any impost on imports—nor keep Troops or Ships of War in Time of peace—nor enter into compacts with other states or foreign powers or emit bills of Credit or make any thing but Gold Silver or Copper a Tender in payment of debts nor engage in War except for self defence when actually invaded or the danger of invasion is so great as not to admit of a delay until the Government of the United States can be informed thereof—& to render these prohibitions effectual the Legislature of the United States shall have the power to revise the laws of the several states that may be supposed to infringe the Powers exclusively delegated by the Constitution to Congress & to negative & annul such as do

12

The Citizens of each state shall be entitled to all privileges & immunities of Citizens in the several states—

Any person charged with Crimes in any State fleeing from Justice to another shall on demand of the Executive of the State from which he fled be delivered up & removed to the State having jurisdiction of the Offense—

13

Full faith shall be given in each State to the acts of the Legislature & to the records & judicial Proceedings of the Courts & Magistrates of every State

14

The Legislature shall have power to admit new States into the Union on the same terms with the original States provided two thirds of the members present in both houses agree

15

On the application of the legislature of a State the United States shall protect it against domestic insurrections

16

If Two Thirds of the Legislatures of the States apply for the same The Legislature of the United States shall call a Convention for the purpose of amending the Constitution—Or should Congress with the Consent of Two thirds of each house propose to the States amendments to the same—the agreement of Two Thirds of the Legislatures of the States shall be sufficient to make the said amendments Parts of the Constitution

The Ratifications of the Conventions of ﻿ States shall be sufficient for organizing this Constitution——[4]

Only a few of the members of the Convention were still living when the Journal was published in 1819, but two of those, King and Madison, expressed privately their conviction that the document printed in the Journal was not the same as that originally presented by Pinckney in 1787.[5] Madison also prepared a somewhat elaborate criticism to be appended to the document, which he evidently intended to include in his Debates.[6]

It does not seem necessary in this connection to do anything more than point out the lines of evidence followed in disproving the document in question. In the first place, the writing, the ink, and the paper of the document are the same as the letter accompanying it—the paper bearing the watermark of 1797—so that it cannot be the original, but was probably copied or prepared in 1818. In the second place, its provisions, in several important particulars, are directly at variance with Pinckney’s opinions as expressed in the Convention. In the next place, the document embodies several provisions that were only reached after weeks of bitter disputes—compromises and details, that it was impossible for any human being to have forecast accurately. And finally, shortly after the Convention was over, Pinckney printed for private circulation a pamphlet entitled “Observations on the Plan of Government submitted to the Federal Convention, by Mr. Charles Pinckney”, etc.,[7] which seems to have been a speech prepared in advance to be delivered in presenting his plan to the Convention,[8] but which never was delivered, owing probably to lack of time. This speech outlines the principal features of the plan which differ radically from the provisions of the document sent to John Quincy Adams.

The problem then presents itself to determine as accurately as possible what Pinckney’s original plan was. In 1786, Pinckney was a delegate to the Continental Congress and obtained the appointment of a grand committee, of which he became a member, to recommend amendments to the Articles of Confederation. He was the chairman of a sub-committee of three that drew up a report, which was accepted by the grand committee, and which proposed seven important changes or new articles to the original Articles of Confederation. George Bancroft in his History of the Constitution, remarks that “these amended resolutions may well be taken as representing the intentions of Charles Pinckney at that time”.[9] Here, at least, is a starting-point, and as one proceeds in this investigation he becomes more and more convinced that Pinckney’s working motive in his original proposals in the Federal Convention was a reform of the Articles of Confederation.[10] These amendments, therefore, which he endorsed in 1786 and probably originated, are not merely a starting-point, they show somewhat of the character of the Pinckney Plan.

In the debates of the Federal Convention itself, during the discussion of the Randolph Resolutions in the Committee of the Whole—that is, during approximately the first two weeks of the Convention’s work—Pinckney’s attitude upon the various questions may be taken as fairly representing his original ideas, especially when his position was opposed to that of the leaders or to the general sentiment of the Convention. His later attitude was undoubtedly modified by the development of proceedings and can only be used with caution, although some suggestions may be obtained therefrom.[11]

While the delegates were gathering in Philadelphia and were waiting for a sufficient number to commence proceedings, George Read, of Delaware, wrote to his colleague Dickinson that he was “in possession of a copied draft of a federal system intended to be proposed,” and he outlined a few of the conspicuous features. These do not at all correspond to the features of the Virginia Plan, but they do tally exactly with certain characteristics of the Pinckney Plan that have been obtained from the study of the debates. There can be no doubt that it is the latter plan that is here described, especially as we have on other authority that Pinckney prepared his plan in advance of his going to Philadelphia.[12] From this letter of Read’s we get a few additional particulars, and the helpful suggestion that “some of its principal features are taken from the New York system of government.”[13]

The pamphlet entitled “Observations” must be used with some caution, as it was not printed until after the Convention was over, and Pinckney may have modified some of his statements or added somewhat to his speech as originally prepared.

And there is also the draft sent to John Quincy Adams in 1818. In the light of the documents already noticed, it is established beyond all doubt that this draft does not represent “Pinckney’s original plan with some additions and modifications.” It does not even have Pinckney’s original plan as its basis. Not only does it radically differ from the original plan in several essential matters, it is constructed on an entirely different framework. Indeed, when one notes its striking resemblance to the draft reported by the Committee of Detail on August 6, it is difficult not to agree with Mr. Jameson’s conclusion that if Pinckney had copied “the printed report of the Committee of Detail, paraphrasing to a small extent here and there, and interweaving as he went along some of the best remembered features of his own plan,” the results would have been precisely like the document that was sent to John Quincy Adams.[14] There is no proof, however, it is only a possible hypothesis, that in the points of difference from the draft of the Committee of Detail the document sent to Adams reproduces portions of the original plan. The most that can be said is, that when other evidence con- firms the inclusion of such provisions, a possible reading of those clauses may here be found.

Following the same line of argument, although ignoring the amendments to the Articles of Confederation and treating the Observations with “considerable skepticism,” Mr. Jameson was able to establish the main points of Pinckney’s original plan. By a piece of brilliant criticism Mr. Jameson was thus enabled to identify a document among the Wilson drafts of the Committee of Detail as a series of extracts from the Pinckney Plan,[15] and Mr. McLaughlin was able to identify another document among the same papers as an outline of the entire plan.[16]

Combining all of these sources of information it is possible to obtain a fairly good idea of the Pinckney Plan in its original from. The following is the plan thus reconstructed. (Italics and quotation marks indicate respectively the outline and extracts used by Wilson in the Committee of Detail; statements based upon the “Observations” are placed in parentheses; numbers attached to the different articles have little significance).

The Draught of a Foederal Government to be agreed upon between the Free and Independent States of America.[17]

A Confederation between the free and independent States of N. H. &c. is hereby solemnly made uniting them together under one general superintending Government for their common Benefit and for their Defense and Security against all Designs and Leagues that may be injurious to their interests and against all Forc [Foes?] and Attacks offered to or made upon them or any of them.

[I]

The Stile of this government shall be The United States of America,[18] and (the legislative, executive and judiciary powers shall be separate and distinct).

[II]

“The Legislature shall consist of two distinct Branches — a Senate and a House of Delegates, each of which shall have a Negative on the other, and shall be stiled the U. S. in Congress assembled.”

The House of Delegates to be elected by the State Legislatures,[19] and to consist of one Member for every ﻿ thousand inhabitantsof Blacks included.[20]

For the forming of the Senate the United States to be divided into four great districts,[21] (so apportioned as to give to each its due weight). The Senate to be elected by the House of Delegates either from among themselves or the people at large.[22] When so formed, the Senate to be divided into four classes, — to serve by Rotation of four years.[20]

The Members of S. & H. D. shall each have one Vote,[23] and shall be paid out of the common Treasury.

The Time of the Election of the Members of the H. D. and of the meeting of the U. S. in C. assembled.

“Each House shall appoint its own Speaker and other Officers, and settle its own Rules of Proceeding; but neither the Senate nor H. D. shall have the power to adjourn for more than ﻿ Days without the Consent of both.”

[Freedom of speech and protection from arrest as in Article V of the Articles of Confederation.]

(Attendance compulsory provided no punishment shall be further extended than to disqualifications) any longer to be members of Congress or to hold any office of trust or profit under the United States or any individual State.[24]

[III]

The Senate and H. D. shall by joint Ballot annually (septennially) chuse the Presidt. U. S. from among themselves or the People at large. — In the Presidt. “the executive Authority of the U. S. shall be vested.”

“It shall be his Duty to inform the Legislature [at every session][25] of the condition of the United States, so far as may respect his Department—to recommend Matters to their Consideration [such as shall appear to him to concern their good government, welfare and prosperity] *—to correspond with the Executives of the several States—to attend to the Execution of the Laws of the U S” (by the several States)—“to transact Affairs with the Officers of Government, civil and military—to expedite all such Measures as may be resolved on by the Legislature”—(to acquire from time to time, as perfect a knowledge of the situation of the Union, as he possibly can, and to be charged with all the business of the home department. He will be empowered, whenever he conceives it necessary) “to inspect the Departments of foreign Affairs—War—Treasury—” (and when instituted of the) “Admiralty—to reside where the Legislature shall sit—to commission all Officers, and keep the Great Seal of the United States.”

“He shall, by Virtue of his Office, be Commander in chief of the Land Forces of U. S. and Admiral of their Navy.”[26]

“He shall have Power to convene the Legislature on extraordinary occasions—to prorogue them,” (when they cannot agree as to the time of their adjournment,) “provided such Prorogation shall not exceed ﻿ Days in the space of any ﻿—He may suspend Officers, civil and military.”

(He shall be removable by impeachment.[27] The Legislature shall fix his salary on permanent principles.)

He shall have a Right to advise with the Heads of the different Departments as his Council.[28]

Council of Revision, consisting of the Presdt. S. for for. Affairs, S. of War, Heads of the Departments of Treasury and Admiralty or any two of them togr wt the Presidt.[28]

(IV)

(The 4th article . . . is formed exactly upon the principles of the 4th article of the present confederation, except with this difference, that the demand of the Executive of a State for any fugitive criminal offender shall be complied with. It is now confined to treason, felony, or other high misdemeanor.)

Mutual Intercourse—Community of Privileges—Surrender of Criminals—Faith to Proceedings, &c.

(V)

(The 5th article, declaring that individual States shall not exercise certain powers, is founded on the same principles as the 6th of the confederation.)

No State to make Treaties—lay interfering Duties—keep a naval or land Force Militia excepted to be disciplined &c according to the Regulations of the U. S.

Each State retains its Rights not expressly delegated—But no Bill of the Legislature of any State shall become a law till it shall have been laid before S. & H. D. in C. assembled and received their approbation.[29]

(VI)

The S. & H. D. in C Assembled “shall have the exclusive Power—of raising a military Land Force” (and of appointing all the officers)—“of equiping a Navy—of rating and causing public Taxes to be levied” (agreeable to the rule now in use, an enumeration of the white inhabitants, and three-fifths of other descriptions.)

(VII)

The S. & H. D. in C. assembled shall have the exclusive powerof regulating the Trade of the several States as well with Foreign Nations as with each other—of levying Duties upon Imports and Exports”—Each State may lay Embargoes in Time of Scarcity.[30]

(VIII)

The S. & H. D. in C. assembled shall have exclusive power “of establishing Post-Offices,and raising a Revenue from them—of regulating Indian Affairs—of coining Money”—regulating its Alloy and Value—“fixing the Standard of Weights and Measures” throughout U. S.—“of determining in what species of Money the public Treasury shall be supplied.”[31]

(IX)

S. & H. D. in C. ass. shall be the last Resort on Appeal in Disputes between two or more States; which Authority shall be exercised in the following Manner &c. (the same with that in the Confederation.)

(X)

S. & H. D. in C. ass. shall institute offices and appoint officers for the Departments of for. Affairs, War, Treasury and Admiralty—

They shall have the exclusive Power of declaring what shall be Treason and Misp. of Treason agst. U. S.—and of instituting a federal judicial Court, which “shall try Officers of the U. S. for all Crimes &c in their Offices—and to this Court an Appeal shall be allowed from the” judicial “Courts of” the several States in all Causes wherein Questions shall arise on the Construction of Treaties made by U. S.—or on the Law of Nations—or on the Regulations of U. S. concerning Trade and Revenue or wherein U. S. shall be a Party—The Court shall consist of ﻿Judges to be appointed during good Behaviour.[32]

S. & H. D. in C. ass. “shall have the exclusive Right of instituting in each State a Court of Admiralty,” and appointing the Judges &c of the same, “for hearing and determining” all “maritime Causes” which may arise therein respectively.[33]

[XI]

Points in which the Assent of more than a bare Majority shall be necessary. (The Assent of Two-Thirds of both Houses, where the present Confederation has made the assent of Nine States necessary, and added the Regulation of Trade, and Acts for levying an Impost and raising a Revenue.)

[XII]

“The power of impeaching shall be vested in the H. D.—The Senators and Judges of the foederal Court, be a Court for trying Impeachments.”[34]

[XIII]

S. & H. D. in C. ass. shall regulate “possess the exclusive Right of establishing the Government and Discipline of the Militia” thro the U. S.—“and of ordering the Militia of any State to any Place within U. S.”[33]

[XIV]

Means of enforcing and compelling the Payment of the Quota of each State.[32]

[XV]

Manner and Conditions of admitting new States.

Power of dividing annexing and consolidating States, on the Consent and Petition of such States.

(Federal Government should also possess the exclusive right of declaring on what terms the privileges of citizenship and naturalization should be extended to foreigners.)[35]

(XVI)

The assent of the Legislature of ﻿ States shall be sufficient to invest future additional Powers in U. S. in C. ass. and shall bind the whole confederacy.[36]

[XVII]

The said States of N. H. &c guarrantee mutually each other and their Rights against all other Powers and against all Rebellion &c.

[XVIII]

(The next article provides for the privilege of the writ of habeas corpus—the trial by jury in all cases, criminal as well as civil—the freedom of the press and the prevention of religious tests as qualifications to offices of trust or emolument. …

There is also an authority to the national legislature, permanently to fix the seat of the general government, to secure to authors the exclusive right to their performances and discoveries, and to establish a Federal University.)[37]

[XIX]

The Articles of Confederation shall be inviolably observed unless altered as before directed, and the Union shall be perpetual.

1. *(In margin:]
 for New Hampshire. for Massachusetts for New York for Rhode Island — for Connecticut. for Delaware for New Jersey. for Pennsylvania. for North Caroline for Maryld: for Virginie. for Georgia for South Carolina —
2. [Endorsed:] in Mr. Pinckney’s letter of Dec. 30, 1819.
3. A. C. McLaughlin, American Historical Review, July, 1904. Ⅸ, 735-741.
4. Vol. Ⅰ, p. 258-263.
5. See Mr. McLaughlin’s confirmation of this position, American Historical Review, loc. cit.
6. Mr. Jameson has made a careful analysis of this material; see his Studies in the History of the Federal Convention of 1787, pp. 117–120.
7. “‘W. S. E. of S. C.’ (W. S. Elliot, grandson of Pinckney) in DeBow’s Review ⅩⅩⅩⅣ, 63, says: ‘This draft was made in Charleston before the writer thereof had any opportunity of conference with his co-workers, and carried with him to the Convention.’” Jameson, Studies, p. 120, note.
8. Studies, p. 124.
9. Studies, p. 117–132. See Records, July 27–August 4, Committee of Detail, Ⅶ.
10. American Historical Review, loc. cit. See Records, July 27-August 4, Committee of Detail, Ⅲ.
11. Records of May 29.
12. Articles of Confederation.
13. Records of June 6, Appendix A, ⅭⅭⅩⅩⅩⅦ, ⅭⅭⅩⅩⅩⅧ, and letter of Read to Dickinson.
15. Read, confirmed by Observations and Records of July 2. Cf. Constitution of New York of 1777.
16. Confirmed by Read and Observations.
17. Confirmed by Observations.
18. Amendment to Articles of Confederation proposed in 1786.
19. New York Constitution of 1777, Article ⅩⅨ.
20. Confirmed by Observations. Cf. New York Constitution, Article ⅩⅧ.
21. Pinckney was opposed to impeachment on July 20. See Records of that date.
22. Confirmed by Observations. Cf. Records of June 6.
23. Confirmed by Observations. Cf. Records of June 8.
24. Confirmed by Observations, and probably modelled upon amendment to Articles of Confederation proposed in 1786.
25. Confirmed by Observations.
26. Confirmed by Observations, and probably modelled upon amendment to Articles of Confederation proposed in 1786.
27. Confirmed by Observations.
28. Substance of this article was in the Wilson Outline. Cf. New York Constitution, Articles XXXII and XXXIII.
29. It is doubtful whether this paragraph should be included.
30. Confirmed by Observations.
31. These two paragraphs occur in a somewhat irrelevant way near the end of the pamphlet Observations. The provisions they embody were among those proposed by Pinckney on August 20. It is quite possible that they were not a part of the original plan.