Is it possible the United States in some respects IS a religious nation, while not being one at the same time? It all comes down to WHAT is being asked and of WHOM.
An Originalist point of view on Constitution Interpretation, and what influenced the Founding Fathers. Formerly www.discoveringthefoundingprinciples.com
Thursday, December 30, 2010
Is the United States a Religious Nation?
Constitution of Vermont; July 8, 1777
WHEREAS, all government ought to be instituted and supported, for the security and protection of the community, as such, and to enable the individuals who compose it, to enjoy their natural rights, and the other blessings which the Author of existence has bestowed upon man; and whenever those great ends of government are not obtained, the people have a right, by common consent, to change it, and take such measures as to them may appear necessary to promote their safety and happiness.
And whereas, the inhabitants of this State have (in consideration of protection only) heretofore acknowledged allegiance to the King of Great Britain, and the said King has not only withdrawn that protection, but commenced, and still continues to carry on, with unabated vengeance, a most cruel and unjust war against them; employing therein, not only the troops of Great Britain, but foreign mercenaries, savages and slaves, for the avowed purpose of reducing them to a total and abject submission to the despotic domination of the British parliament, with many other acts of tyranny, (more fully set forth in the declaration of Congress) whereby all allegiance and fealty to the said King and his successors, are dissolved and at an end; and all power and authority derived from him, ceased in the American Colonies.
And whereas, the territory which now comprehends the State of Vermont, did antecedently, of right, belong to the government of New-Hampshire; and the former Governor thereof, viz. his Excellency Benning Wentworth, Esq., granted many charters of lands and corporations, within this State, to the present inhabitants and others. And whereas, the late Lieutenant Governor Colden, of New York, with others, did, in violation of the tenth command, covet those very lands; and by a false representation made to the court of Great Britain, (in the year 1764, that for the convenience of trade and administration of justice, the inhabitants were desirous of being annexed to that government,) obtained jurisdiction of those very identical lands, ex-parte; which ever was, and is, disagreeable to the inhabitants. And whereas, the legislature of New-York, ever have, and still continue to disown the good people of this State, in their landed property, which will appear in the complaints hereafter inserted, and in the 36th section of their present constitution, in which is established the grants of land made by that government.
They have refused to make regents of our lands to the original proprietors and occupants, unless at the exorbitant rate of 2300 dollars fees for each township; and did enhance the quit-rent, three fold, and demanded an immediate delivery of the title derived before, from New-Hampshire.
The judges of their supreme court have made a solemn declaration that the charters, conveyances, &c. of the lands included in the before described premises, were utterly null and void, on which said title was founded: in consequence of which declaration, writs of possession have been by them issued, and the sheriff of the county of Albany sent, at the head of six or seven hundred men, to enforce the execution thereof.
They have passed an act, annexing a penalty thereto, of thirty pounds fine and six months imprisonment, on any person who should refuse assisting the sheriff, after being requested, for the purpose of executing writs of possession.
The Governors, Dunmore, Tryon and Colden, have made re-grants of several tracts of land, included in the premises, to certain favorite land jobbers in the government of New-York, in direct violation of his Britannic majesty's express prohibition, in the Year 1767.
They have issued proclamations, wherein they have offered large slims of money, for the purpose of apprehending those very persons who have dared boldly, and publicly, to appear in defence of their just rights.
They did pass twelve acts of outlawry, on the 9th day of March, A. D. 1774, impowering the respective judges of their supreme court, to award execution of death against those inhabitants in said district, that they should judge to be offenders, without trial.
They have, and still continue, an unjust claim to those lands, which greatly retards emigration into, and the settlement of, this State.
They have hired foreign troops, emigrants from Scotland, at two different times, and armed them, to drive us out of possession.
They have sent the savages on our frontiers, to distress us.
They have proceeded to erect the counties of Cumberland and Glocester, and establish courts of justice there, after they were discountenanced by the authority of Great Britain.
The free convention of the State of New-York at Harlem, in the year 1776, unanimously voted, " That all quit-rents, formerly due to the King of Great Britain, are now due and owing to this Convention. Or such future government as shall be hereafter established in this State."
In the several stages of the aforesaid oppressions, we have petitioned his Britannic majesty, in the most humble manner, for redress? and have, at very great expense, received several reports in our favor; and, in other instances, wherein we have petitioned the late legislative authority of New-York, those petitions have been treated with neglect.
And whereas, the local situation of this State, from New-York, at the extreme part, is upward of four hundred and fifty miles from the seat of that government, which renders it extreme difficult to continue under the jurisdiction of said State
Therefore, it is absolutely necessary, for the welfare and safety of the inhabitants of this State, that it should be, henceforth, a free and independent State; and that a just, permanent, and proper form of government, should exist in it, derived from, and founded on, the authority of the people only, agreeable to the direction of the honorable American Congress.
We the representatives of the freemen of Vermont, in General Convention met, for the express purpose of forming such a government, confessing the goodness of the Great Governor of the universe, (who alone, knows to what degree of earthly happiness, mankind may attain, by perfecting the arts of government,) in permitting the people of this State, by common consent, and without violence, deliberately to form for themselves, such just rules as they shall think best for governing their future society; and being fully convinced that it is our indispensable duty, to establish such original principles of government, as will best promote the general happiness of the people of this State, and their posterity, and provide for future improvements, without partiality for, or prejudice against, any particular class, sect, or denomination of men whatever,-do, by virtue of authority vested in us, by our constituents, ordain, declare, and establish, the following declaration of rights, and frame of government, to be the CONSTITUTION of this COMMONWEALTH, and to remain in force therein, forever, unaltered, except in such articles, as shall, hereafter, on experience, be found to require improvement, and which shall, by the same authority of the people, fairly delegated, as this frame of government directs, be amended or improved, for the more effectual obtaining and securing the great end and design of all government, herein before mentioned.
CHAPTER I
A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE STATE OF VERMONT
I. THAT all men are born equally free and independent, and have certain natural, inherent and unalienable rights, amongst which are the enjoying and defending life and liberty; acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety. Therefore, no male person, born in this country, or brought from over sea, ought to be holden by law, to serve any person, as a servant, slave or apprentice, after he arrives to the age of twenty-one Years, nor female, in like manner, after she arrives to the age of eighteen years, unless they are bound by their own consent, after they arrive to such age, or bound by law, for the payment of debts, damages, fines, costs, or the like.
II. That private property ought to be subservient to public uses, when necessity requires it; nevertheless, whenever any particular man's property is taken for the use of the public, the owner ought to receive an equivalent in money.
III. That all men have a natural and unalienable right to worship ALMIGHTY GOD, according to the dictates of their own consciences and understanding, regulated by the word of GOD; and that no man ought, or of right can be compelled to attend any religious worship, or erect, or support any place of worship, or maintain any minister, contrary to the dictates of his conscience; nor can any man who professes the protestant religion, be justly deprived or abridged of any civil right, as a citizen, on account of his religious sentiment, or peculiar mode of religious worship, and that no authority can, or ought to be vested in, or assumed by, any power whatsoever, that shall, in any case, interfere with, or in any manner controul, the rights of conscience, in the free exercise of religious worship: nevertheless, every sect or denomination of people ought to observe the Sabbath, or the Lord's day, and keep up, and support, some sort of religious worship, which to them shall seem most agreeable to the revealed will of GOD.
IV. That the people of this State have the sole, exclusive and inherent right of governing and regulating the internal police of the same.
V. That all power being originally inherent in, and consequently, derived from, the people; therefore, all officers of government, whether legislative or executive, are their trustees and servants. and at all times accountable to them.
VI. That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation or community; and not for the particular emolument or advantage of any single man, family or set of men, who are a part only of that community; and that the community hath an indubitable, unalienable and indefeasible right to reform, alter, or abolish, government, in such manner as shall be, by that community, judged most conducive to the public weal.
VII. That those who are employed in the legislative and executive business of the State, may be restrained from oppression, the people have a right, at such periods as they may think proper, to reduce their public officers to a private station, and supply the vacancies by certain and regular elections.
VIII. That all elections ought to be free; and that all freemen. having a sufficient, evident, common interest with, and attachment to the community, have a right to elect officers, or be elected into office.
IX. That every member of society hath a right to be protected in the enjoyment of life, liberty and property, and therefore, is bound to contribute his proportion towards the expense of that protection, and yield his personal service, when necessary, or an equivalent thereto; but no part of a man's property can be justly taken from him, or applied to public uses, without his own consent, or that of his legal representatives; nor can any man who is conscientiously scrupulous of bearing arms, be justly compelled thereto, if he will pay such equivalent; nor are the people bound by any law' but such as they have, in like manner, assented to, for their common good.
X. That, in all prosecutions for criminal offences, a man hath a right to be heard, by himself and his counsel-to demand the cause and nature of his accusation-to be confronted with the witnesses- to call for evidence in his favor, and a speedy public trial, by an impartial jury of the country; without the unanimous consent of which jury, he cannot be found guilty; nor can he be compelled to give evidence against himself; nor can any man be justly deprived of his liberty, except by the laws of the land or the judgment of his peers.
XI. That the people have a right to hold themselves, their houses, papers and possessions free from search or seizure; and therefore warrants without oaths or affirmations first made, affording a sufficient foundation for them, and whereby any officer or messenger may be commanded or required to search suspected places, or to seize any person or persons, his, her or their property, not particularly described, are contrary to that right, and ought not to be granted.
XII. That no warrant or writ to attach the person or estate. of any freeholder within this State, shall be issued in civil action, without the person or persons, who may request such warrant or attachment, first make oath, or affirm, before the authority who may be requested to issue the same, that he, or they, are in danger of losing his, her or their debts.
XIII. That, in controversies respecting property, and in suits between man and man, the parties have a right to a trial by jury; which ought to be held sacred.
XIV. That the people have a right to freedom of speech, and of writing and publishing their sentiments; therefore, the freedom of the press ought not be restrained.
XV. That the people have a right to bear arms for the defence of themselves and the State; and, as standing armies, in the time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power.
XVI. That frequent recurrence to fundamental principles, and a firm adherence to justice, moderation, temperance, industry and frugality, are absolutely necessary to preserve the blessings of liberty, and keep government free. The people ought, therefore, to pay particular attention to these points, in the choice of officers and representatives, and have a right to exact a due and constant regard to them, from their legislators and magistrates, in the making and executing such laws as are necessary for the good government of the State.
XVII. That all people have a natural and inherent right to emigrate from one State to another, that will receive them, or to form a new State in vacant countries, or in such countries as they can purchase? whenever they think that thereby they can promote their own happiness.
XVIII. That the people have a right to assemble together, to consult for their common good-to instruct their representatives, and to apply to the legislature for redress of grievances, by address, petition or remonstrance.
XIX. That no person shall be liable to be transported out of this State for trial, for any offence committed within this State.
CHAPTER II
PLAN OR FRAME OF GOVERNMENT
SECTION I. THE COMMONWEALTH or STATE of VERMONT, shall be governed, hereafter, by a Governor, Deputy Governor, Council, and an Assembly of the Representatives of the Freemen of the same, in manner and form following.
SECTION II. The supreme legislative power shall be vested in a House of Representatives of the Freemen or Commonwealth or State of Vermont.
SECTION III. The supreme executive power shall be vested in a Governor and Council.
SECTION IV. Courts of justice shall be established in every county in this State.
SECTION V. The freemen of this Commonwealth, and their sons, shall be trained and armed for its defence, under such regulations, restrictions and exceptions, as the general assembly shall, by law, direct; preserving always to the people, the right of choosing their colonels of militia, and all commissioned officers under that rank, in such manner, and as often, as by the said laws shall be directed.
SECTION VI. Every man of the full age of twenty-one years, having resided in this State for the space-of one whole year, next before the election of representatives, and who is of a quiet and peaceable behaviour, and will take the following oath (or affirmation) shall be entitled to all the privileges of a freeman of this State.
I _____ solemnly swear, by the ever living God, (or affirm, in the presence of Almighty God,) that whenever I am called to give any vote or suffrage, touching any matter that concerns the State of Vermont, I will do it so, as in arty conscience, I shall judge will roost conduce to the best good of the same, as established by the constitution, without fear or favor of any man.
SECTION VII. The House of Representatives of the Freemen of this State, shall consist of persons most noted for wisdom and virtue, to be chosen by the freemen of every town in this State, respectively. And no foreigner shall be chosen, unless he has resided in the town for which he shall be elected, one year immediately before said election.
SECTION VIII. The members of the House of Representatives, shall be chosen annually, by ballot, by the freemen of this State, on the first Tuesday of September, forever, (except this present year) and shall meet on the second Thursday of the succeeding October, and shall be stiled the General Asembly of the Representatives of the Freemen of Vermont; and shall have power to choose their Speaker, Secretary of the State, their Clerk, and other necessary officers of the house- sit on their own adjournments-prepare bills and enact them into laws-judge of the elections and qualifications of their own members-they may expel a member, but not a second time for the same cause-They may administer oaths (or affirmations) on examination of witnesses-redress grievances-impeach State criminals-grant charters of incorporation-constitute towns, boroughs, cities and counties, and shall have all other powers necessary for the legislature of a free State; but they shall have no power to add to, alter, abolish, or infringe any part of this constitution. And for this present year, the members of the General Assembly shall be chosen on the first Tuesday of March next, and shall meet at the meeting-house, in Windsor, on the second Thursday of March next.(2)
SECTION IX. A quorum of the house of representatives shall consist of two-thirds of the whole number of members elected; and having met and chosen their speaker, shall, each of them, before they proceed to business, take and subscribe, as well the oath of fidelity and allegiance herein after directed, as the following oath or affirmation, viz.
" I ____ do solemnly swear, by the ever living God, (or, I do solemnly affirm in the presence of Almighty God) that as a member of this assembly, I will not propose or assent to any bill, vote, or resolution, which shall appear to me injurious to the people; nor do or consent to any act or thing whatever, that shall have a tendency to lessen or abridge their rights and privileges, as declared in the Constitution of this State; but will, in all things' conduct myself as a faithful, honest representative and guardian of the people, according to the best of my judgment and abilities."
And each member, before he takes his seat, shall make and subscribe the following declaration, viz.
" I ____ do believe in one God, the Creator and Governor of the Diverse, the rewarder of the good and punisher of the wicked. And I do acknowledge the scriptures of the old and new testament to be given by divine inspiration, and own and profess the protestant religion."
And no further or other religious test shall ever, hereafter, be required of any civil officer or magistrate in this State.
SECTION X. Delegates to represent this State in Congress shall be chosen, by ballot, by the future General Assembly, at their first meeting, and annually, forever afterward, as long as such representation shall be necessary. Any Delegate may be superseded, at any time. by the General Asembly appointing another in his stead. No man shall sit in Congress longer than two years successively, nor be capable of re election for three years afterwards; and no person who holds any office in the gift of the Congress, shall, thereafter, be elected to represent this State in Congress.
SECTION XI. If any town or towns shall neglect or refuse to elect and send representatives to the General Assembly, two thirds of the members of the towns, that do elect and send representatives, (provided they be a majority of the inhabited towns of the whole State) when met, shall have all the powers of the General Assembly, as fully and amply, as if the whole were present.
SECTION XII. The doors of the house in which the representatives of the Greene of this State, shall sit, in General Assembly, shall be and remain open for the admission of all persons, who behave decently, except only, when the welfare of this State may require the doors to be shut.
SECTION XIII. The votes and proceedings of the General Assembly shall be printed, weekly, during their sitting, with the yeas and nays, on any question, vote or resolution, where one-third of the members require it; (except when the votes are taken by ballot) and when the yeas and nays are so taken, every member shall have a right to insert the reasons of his votes upon the minutes, if he desire it.
SECTION XIV. To the end that laws, before they are enacted, may be more maturely considered, and the inconveniency of hasty determination as much as possible prevented, all bills of public nature, shall be first laid before the Governor and Council, for their perusal and proposals of amendment, and shall be printed for the consideration of the people, before they are read in General Assembly, for the last time of debate and amendment; except temporary acts, which, after being laid before the Governor and Council, may (in case of sudden necessity) be passed into laws; and no other shall be passed into laws, until the next session of assembly. And for the more perfect satisfaction of the public, the reasons and motives for making such laws, shall be fully and clearly expressed and set forth in their preambles.
SECTION XV. The style of the laws of this State shall be,-" Be it enacted, and it is hereby enacted, by the Representatives of the Freemen of the State of Vermot, in General Assembly met, and by the authority of the same."
SECTION XVI. In order that the Freemen of this State might enjoy the benefit of election, as equally as may be, each town within this State, that consists, or may consist, of eighty taxable inhabitants, within one septenary or seven years, next after the establishing this constitution, may hold elections therein, and choose each, two representatives; and each other inhabited town in this State may, in like manner, choose each, one representative, to represent them in General Assembly, during the said septenary or seven years; and after that, each inhabited town may, in like manner, hold such election, and choose each, one representative, forever thereafter.
SECTION XVII. The Supreme Executive Council of this State, shall consist of a Governor, Lieutenant-Governor, and twelve persons, chosen in the following manner, viz. The Freemen of each town, shall, on the day of election for choosing representatives to attend the General Assembly, bring in their votes -for Governor, with his name fairly written, to the constable, who shall seal them up, and write on them, votes for the Governor, and deliver them to the representative chosen to attend the General Assembly; and, at the opening of the General Assembly, there shall be a committee appointed out of the Council and Assembly, who, after being duly sworn to the faithful discharge of their trust, shall proceed to receive, sort, and count, the votes for the Governor, and declare the person who has the major part of the votes, to be Governor, for the year ensuing. And if there be no choice made, then the Council and General Assembly, by their joint ballot. shall make choice of a Governor.
The Lieutenant Governor and Treasurer, shall be chosen in the manner above directed; and each freeman shall give in twelve votes for twelve councillors, in the same manner; and the twelve highest in nomination shall serve for the ensuing year as Councillors.(3)
The Council that shall act in the recess of this Convention, shall supply the place of a Council for the next General Assembly, until the new Council be declared chosen. The Council shall meet annually, at the same time and place with the General Assembly; and every member of the Council shall be a Justice of the Peace for the whole State, by virtue of his office.
SECTION XVIII. The Governor, and in his absence, the Lieutenant or Deputy Governor, with the Council-seven of whom shall be a quorum-shall have power to appoint and commissionate all officers, (except those who are appointed by the General Assembly,) agreeable to this frame of government, and the laws that may be made hereafter; and shall supply every vacancy in any office, occasioned by death, resignation, removal or disqualification, until the office can be filled, in the time and manner directed by law or this constitution. They are to correspond with other States, and transact business with officers of government, civil and military; and to prepare such business as may appear to them necessary to lay before the General Assembly. They shall sit as judges to hear and determine on impeachments, taking to their assistance, for advice only, the justices of the supreme court; and shall have power to grant pardons, and remit fines, in all cases whatsoever, except cases of impeachment, and in cases of treason and murder-shall have power to grant reprieves, but not to pardon, until the end of the next session of the Assembly: but there shall be no remission or mitigation of punishment, on impeachments, except by act of legislation. They are also, to take care that the laws be faithfully executed. They are to expedite the execution of such measures as may be resolved upon by General Assembly; and they may draw upon the Treasurer for such sums as may be appropriated by the House: they may also lay embargoes, or prohibit the exportation of any commodity for any time, not exceeding thirty days, in the recess of the House only: they may grant such licenses as shall be directed by law, and shall have power to call together the General Assembly, when necessary, before the day to which they shall stand adjourned. The Governor shall be commander-in-chief of the forces of the State; but shall not command in person, except advised thereto by the Council, and then, only as long as they shall approve thereof. The Governor and Council shall have a Secretary, and keep fair books of their proceedings, wherein any Councillor may enter his dissent, with his reasons to support it.
SECTION XIX. All commissions shall be in the name of the freemen of the State of Vermont, sealed with the State seal, signed by the Governor, and in his absence, the Lieutenant Governor, and attested by the Secretary; which seal shall be kept by the Council.
SECTION XX. Every officer of State, whether judicial or executive, shall be liable to be impeached by the General Assembly, either when in office, or after his resignation, or removal for mar-administration All impeachments shall be before the Governor or Lieutenant Governor and Council, who shall hear and determine the same.
SECTION XXI. The supreme court, and the several courts of common pleas of this State shall, besides the powers usually exercised by such courts, have the powers of a court of chancery, so far as relates to perpetuating testimony, obtaining evidence from places not within this State, and the care of persons and estates of those who are non compotes mentis, and such other powers as may be found necessary by future General Assemblies, not inconsistent with this constitution.
SECTION XXII. Trials shall be by jury; and it is recommended to the legislature of this State to provide by law, against every corruption or partiality in the choice, and return, or appointment, of juries.
SECTION XXIII. All courts shall be open, and justice shall be impartially administered, without corruption or unnecessary delay; all their officers shall be paid an adequate, but moderate, compensation for their services; and if any officer shall take greater or other fees than the laws allow him, either directly or indirectly, it shall ever after disqualify him from holding any office in this State.
SECTION XXIV. All prosecution shall commence in the name and by the authority of the freemen of the State of Vermont, and all indictments shall conclude with these words, " against the peace and dignity of the same.'' The style of all process hereafter, in this State, shall be,-The State of Vermont.
SECTION XXV. The person of a debtor, where there is not a strong presumption of fraud, shall not be continued in prison, after delivering up, bone fide, all his estate, real and personal, for the use of his creditors, in such manner as shall be hereafter regulated by law. All prisoners shall be bailable by sufficient securities, unless for capital offences, when the proof is evident or presumption great.
SECTION XXVI. Excessive bail shall not be exacted for bailable offences: and all fines shall be moderate.
SECTION XXVII. That the General Assembly, when legally formed, shall appoint times and places for county elections, and at such times and places, the freemen in each county respectively, shall have the liberty of choosing the judges of inferior court of common pleas, sheriff', justices of the peace, and judges of probates, commissioned by the Governor and Council, during good behavior, removable by the General Assembly upon proof of mal-administration.
SECTION XXVIII. That no person, shall be capable of holding any civil office, in this State, except he has acquired, and maintains a good moral character.
SECTION XXIX. All elections, whether by the people or in General Assembly, shall be by ballot, free and voluntary: and any elector who shall receive any gift or reward for his vote, In meat, drink, monies or otherwise' shall forfeit his right to elect at that time, and suffer such other penalty as future laws shall direct. And any person who shall, directly or indirectly, give, promise, or bestow, any such rewards to be elected, shall, thereby, be rendered incapable to serve for the ensuing year.
SECTION XXX. All fines, license money, fees and forfeitures, shall be paid, according to the direction hereafter to be made by the General Assembly.
SECTION XXXI. All deeds and conveyances of land shall be. recorded in the town clerk's office, in their respective towns.
SECTION XXXII. The printing presses shall-be free to every person who undertakes to examine the proceedings of the legislature or any part of government.
SECTION XXXIII. As every freeman, to preserve his independence (if without a sufficient estate) ought to have some profession, calling, trade or farm, whereby he may honestly subsist, there can be no necessity for, nor use in, establishing offices of profit, the usual effects of which are dependence and servility, unbecoming freemen, in the possessors or expectants; faction, contention, corruption and disorder among people. But if any man is called into public service, to the prejudice of his private affairs, he has a right to a reasonable compensation; and whenever an office, through increase of fees, or otherwise, becomes so profitable as to occasion many to apply for it the profits ought to be lessened by the legislature.
SECTION XXXIV. The future legislature of this State, shall regulate entails, in such manner as to prevent perpetuities.
SECTION XXXV. To deter more effectually from the commission of crimes, by continued visible punishment of long duration, and to make sanguinary punishments less necessary; houses ought to be provided for punishing, by hard labor, those who shall be convicted of crimes not capital; wherein the criminal shall be employed for the benefit of the public, or for reparation of injuries done to private persons; and all persons, at proper times, shall be admitted to see the prisoners at their labor.
SECTION XXXVI. Every officer, whether judicial, executive or military, in authority under this State. shall take the following oath or affirmation of allegiance, and general oath of office, before he enter on the execution of his office.
THE OATH OR AFFIRMATION OF ALLEGIANCE
" I ____ do solemnly swear by the ever living God, (or affirm in presence of Almighty God,) that I will be true and faithful to the State of Vermont; and that I will not, directly or indirectly do any act or thing, prejudicial or injurious, to the constitution or government thereof, as established by Convention."
THE OATH OR AFFIRMATION OF OFFICE
" I _____ do solemnly swear by the ever living God, (or affirm in presence of Almighty God) that I will faithfully execute the office of for the of ; and will do equal right and justice to all men, to the best of my judgment and abilities, according to law."
SECTION XXXVII. No public tax, custom or contribution shall be imposed upon, or paid by, the people of this State, except by a law for that purpose; and before any law be made for raising it, the purpose for which any tax is to be raised ought to appear clear to the legislature to be of more service to the community than the money would be, if not collected; which being well observed, taxes can never be burthens.
SECTION XXXVIII. Every foreigner of good character, who comes to settle in this State, having first taken an oath or affirmation of allegiance to the same, may purchase, or by other just means acquire, hold, and transfer, land or other real estate; and after one years residence, shall be deemed a free denizen thereof, and intitled to all the rights of a natural born subject of this State; except that he shall not be capable of being elected a representative, until after two years residence.
SECTION XXXIX. That the inhabitants of this State, shall have liberty to hunt and fowl, in seasonable times, on the lands they hold, and on other lands (not enclosed;) and, in like manner, to fish in all beatable and other waters, not private property, under proper regulations, to be hereafter made and provided by the General Assembly.
SECTION XL. A school or schools shall be established in each town, by the legislature, for the convenient instruction of youth, with such salaries to the masters, paid by each town; making proper use of school lands in each town, thereby to enable them to instruct youth at low prices. One grammar school in each county, and one university in this State, ought to be established by direction of the General Assembly.
SECTION XLI. Laws for the encouragement of virtue and prevention of vice and immorality, shall be made and constantly kept in force; and provision shall be made for their due execution; and all religious societies or bodies of men, that have or may be hereafter united and incorporated, for the advancement of religion and learning, or for other pious and charitable purposes, shall be encouraged and protected in the enjoyment of the privileges, immunities and estates which they, in justice, ought to enjoy, under such regulations; as the General Assembly of this State shall direct.
SECTION XLII. All field and staff officers, and commissioned officers of the army, and all general officers of the militia, shall be chosen by the General Assembly.
SECTION XLIII. The declaration of rights is hereby declared to be part of the Constitution of this State, and ought never to be violated, on any presence whatsoever.
SECTION XLIV. In order that the freedom of this Commonwealth may be preserved inviolate, forever, there shall be chosen, by ballot, by the freemen of this State, on the last Wednesday in March, in the year one thousand seven hundred and eighty-five, and on the last Wednesday in March, in every seven years thereafter, thirteen persons, who shall be chosen in the same manner the council is chosen- except they shall not be out of the Council or General Assembly-to be called the Council of Censors; who shall meet together, on the first Wednesday of June next ensuing their election; the majority of whom shall be a quorum in every case, except as to calling a Convention, in which two-thirds of the whole number elected shall agree; mod whose duty it shall be to enquire whether the constitution has been preserved inviolate, in every part; and whether the legislative and executive branches of government have performed their duty as guardians of the people; or assumed to themselves, or exercised, other or greater powers, than they are entitled to by the constitution. They are also to enquire whether the public taxes have been justly laid and collected, in all parts of this Commonwealth-in what manner the public monies have been disposed of, and whether the laws have been duly executed. For these purposes they shall have power to send for persons, papers and records; they shall have authority to pass public censures-to order impeachments, and to recommend to the legislature the repealing such laws as appear to them to have been enacted contrary to the principles of the constitution. These powers they shall continue to have, for and during the space of one year from the day of their election, and no longer. The said Council of Censors shall also have power to call a Convention, to meet within two years after their sitting, if there appears to them an absolute necessity of amending any article of this constitution which may be defective-explaining such as may be thought not clearly expressed, and of adding such as are necessary for the preservation of the rights and happiness of the people; but the articles to be amended, and the amendments proposed, and such articles as are proposed to be added or abolished, shall be promulgated at least six months before the day appointed for the election of such convention, for the previous consideration of the people, that they may have an opportunity of instructing their delegates on the subject.
What is in the works, and concepts
These are the topics currently in various stages of research or draft for future posts. This Posting will be maintained to be the last post on the Main Page.
Posts in draft
Compare and Contrasting the Articles of Confederation and Constitution.The House of Representatives
Monday, December 27, 2010
Who are the Founding Fathers? James Wilson (Pennsylvania)
James Wilson is one of only six people who hold claim to signing both the Declaration of Independence and the Constitution. He served as a member of Continental Congress, Delegate to the Congress Assembled, Delegate to the Convention of 1787, and an Associate Justice of the United States. During the Convention of 1787 was one of the more vocal Delegates, never shy to offer his opinion.Born in Carskerdo, Scotland on Septemeber 14, 1742. James Wilson attended Universities of St. Andrews, Glasgow, and Edinburgh initially studying to become a Presbyterian minister, but never earned a degree. He emigrated to Continental North America in 1766, and very shortly afterward enrolled into the College of Philadelphia. and, studied Law with John Dickinson. In 1767 he was admitted into to the Pennsylvania Bar, and set up his own successful practice in Reading Pennsylvania.
General Welfare (Part 9) State Ratification Debates (States 7-14)
States 7-14 you say, well you know there were only 13 Original States, right! As a matter of fact, you would be correct, but a 14th State also took part in the debates, though very small. Vermont became the 14th State on March 4, 1791, less than a year after Rhode Island ratified the Constitution and before the Bill of Rights was ratified later in 1791.We see the same trend continue with many of the last Seven States as we saw with the first Six States, in regards to the amount of power being given to Congress, and because of this States proposing Amendments to the Constitution, some which are designed to specifically counter this perceived threat.
Sunday, December 19, 2010
Who are the Founding Fathers? Charles Pinckney (South Carolina)
Charles Pinckney was born on the 26th of October 1757 at Charleston, South Carolina; he was the son of Charles Pinckney (1731-1784), first president of the first South Carolina Provincial Congress (January to June 1775), and a cousin of Charles Cotesworth Pinckney and Thomas Pinckney.
Saturday, December 18, 2010
General Welfare (Part 8) The States Debates during Ratification (States 1-6)
Who are the Founding Fathers? James Madison
James Madison of Virginia is not the most popular Founding Father, that title rightfully resides with George Washington. But James Madison can be argued to be the most influential Founder in the creation of the Constitution and the Bill of Rights. He served as Delegate, US Representative from Virginia, Secretary of State under Thomas Jefferson, and 4th President of the United States. The oldest child in a family of twelve, he grew up on his father's plantation, Montpelier, in Orange County, Virginia. In 1762, James Madison went to his first school, located in King and Queen County, Virginia. At the age of 16, he returned to Montpelier to continue his education with a tutor. In August 1769, James began college at the College of New Jersey (now Princeton University), graduating in the spring of 1771.
Thursday, December 16, 2010
237 Anniversary of the Boston Tea Party, December 16, 1773
DECEMBER 16, 1773
The North American Colonies of the United Kingdom by the mid 1760 consumed over 1 Million Pounds of Tea annually, most of which was produced in another British territory, India. The main supplier of Tea to the colonies was the East India Company. But the East India Company was not allowed to sell its tea directly to the Colonies rather it had to sell its tea in London auction houses, before it was shipped to North America, this drove up prices of the imported product in the Colonies. This increase in the cost resulted in a very prolific smuggling market for tea which could be acquired at much lower costs.
This smuggling took a heavy toll on the East India Company in terms of revenue from Tea. By 1772 the East India company owed the British Government of 1 Million Sterling Pounds from loans, yet it still could not turn a profit over the smuggling market and the inflated costs of their own tea having to go through London Auction first.
Wednesday, December 15, 2010
Bill of Rights Day: December 15
The Bill of rights mean different things to different people, but to all they mean a Free Society. 12 Amendments were proposed by the Congress in 1789, 11 are now Amendments to the Constitution (Amendments 1-10 and 27). Today the Constitution has 27 Amendments, but these 10 are the most known.
Sunday, December 12, 2010
The Founders and Gun control
I read today Justice Breyer stating the Founder wanted Gun Control ( http://www.foxnews.com/politics/2010/12/12/breyer-founding-fathers-allowed-restrictions-guns/ ) His contention is regards to Madison whom he states as saying, "was worried about opponents who would think Congress would call up state militias and nationalize them. 'That can't happen,' said Madison,". Justice Breyer's assertion is that Madison was only wanting to get the Constitution ratified (Madison was very concerned about this) and he was willing to do what was needed to do it (This slaps history's senses in the face).
Their are two huge problems with Breyer's assertion.
1. Madison initially felt the Bill of rights was unneeded. So if we are to use Breyer's logic, should the whole Bill of Rights be disregarded because Madison did not believe it was needed? Madison became the Father of the Bill of Rights (with George Mason), not because he believed them necessary, but because both his State REQUIRED it for their approval of the Constitution, as did several other States.
2. One man did not Ratify the Bill of rights. Even though he was very instrumental in the drafting, it still took 2/3 of each brach and 3/4 of the States to Ratify them. It matters what THEY felt they meant, not just a sole person.
Breyer also makes one more point, the single biggest which I think leads to the dismissal of his assertion, "Founding Father James Madison was more worried that the Constitution may not be ratified than he was about granting individuals the right to bear arms". Only a pragmatist who is willing to view the Constitution not for what it is, but what he thinks it should be, would ever think for second, that the Founding Founders thought they were granting the People any Rights, instead of what they were doing, which was Granting Rights Already solely possessed by the People to Government, for the sole purpose of protecting ALL of their rights.
Read more: http://www.foxnews.com/politics/2010/12/12/breyer-founding-fathers-allowed-restrictions-guns/#ixzz17vmxYmCK
Saturday, December 11, 2010
General Welfare (Part 7) The Federalist presentation.
General Welfare (Part 6) The Anti-Federalist concern, limitless power.
New Downloadable files added
The Following is a list of downloadable documents available on the Links & Downloads page.
Sunday, December 5, 2010
Tolerance is accepting people are different than you.
If Tolerance is not the Social-Political “Catch Phrase” of the 21st Century, I do not know what is! Tolerate this, tolerate that, you have to tolerate this thing or situation. What is tolerance? The American Heritage Dictionary (4th Edition) defines tolerance as:- “The capacity for respecting the beliefs or practices of others”
The Repeal Amendment
Virginia may be the first of many states to propose an Amendment to the Constitution that empowers the States to repeal any Federal Statute or Law, commonly called "The Repeal Amendment". A rough draft of the possible Amendment reads as follows.- “Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed.”
Simply put, Two-Thirds of the States [Presumably through Legislative Acts] can vote to repeal ANY Federal Law or Regulation. This would be an important step back toward a Federal System, by limiting Federal Power directly through State Actions.
Friday, November 26, 2010
General Welfare (Part 5) Final thoughts on the Constitution Convention
But maybe the most telling non-debate of “General Welfare” was the total lack of it in the Slavery issue. As contended by some, general welfare was meant to give the Congress the power to make laws for the overall general welfare of the people or the Union. By using this clause by this meaning, would this not then give the power to Congress to outlaw Slavery or Indentured Service outright for the general welfare of those bound by it? But this possibility was never addressed once in the Convention by the accounts of the notes we have available to us today.
Tuesday, November 23, 2010
Capital Punishment
Say you want to buy a new TV. You find a nice flat screen at a local retailer, just what you where looking for. It cost $999.99 dollars for the TV, but you know you have to account for sales tax, thinking it will only minimize the overall increase of your purchase you get it. But how much did it really cost you? How much Tax did you just pay to get this new TV? Well it was not just sales tax, it was not just taxes at all. Lets look at what it REALLY cost, and how much tax you really just paid to get this treat!
Saturday, November 13, 2010
Gerrymander against the Democratic System.
If you have ever looked at Congressional or even perhaps State Districts, you may have noticed that some seem to form peculiar shapes. Why would who ever draws these do that and not make them more like, well a box? The answer is simple, it is called a Gerrymander, drawing these political districts in such a manner that gives an advantage of one group of people over another to ensure the highest probability that a candidate of this specific group is elected to that office.
While I watched the results of the 2010 National Elections on TV, one commentator’s statement struck me more than any other one made that night. “Now that they have the power during redistricting”, in other words, to Gerrymander Congressional Districts to their favor.
Gerrymandering can undermine the entire electorate, have results that do not represent the people as a whole, can be used to consolidate power to one group or small number of groups or one party. Perhaps the most troubling aspect of it is, instead of the people voting and choosing who their politician will be, it is politicians choosing who will vote for them or their group or party.
Thursday, November 4, 2010
House of Representatives Reapportionment
With the 2010 Election winding down, and still several races still undecided. 2010 also marks the the once a decade census. How does one have to to deal with the other? Reapportionment of US Representatives to States happens in 2011 with redistricting in states happening and being finished in time for the 2012 election cycle.
If you have watched the new, perhaps you have heard about the consequences of state legislature and governorships importance in the past election, because they will deal with how districts are drawn. Typically the party in power gets to draw the districts, and it is almost a given, they will draw them to their parties advantage, that is they will choose who gets to vote for the ones they like, otherwise called a Gerrymander.
The Gerrymander [who James Madison was almost casualty of in Virginia for the 1st Congress, when his district was drawn to PREVENT him from being elected, which he still was] is an absurd idea. Politicians should not be able to select who gets to vote for them, the voters should choose who they get to vote for. Their should be no such thing as a "safe" district, the more competitive the district, the better it is for the district and the people as a whole.
The results of this election should not matter in redistricting. Districts should simply be drawn to ensure equal numbers of voters in all districts of the state, and then let the people of the district choose who they want. They should not be drawn to ensure the higher probability of a particular party being elected, by choosing who gets to vote for them. Let the Republic live up to its name, and be representative of the people, not a politicians desire.
General Welfare (Part 4) Final Drafts and Debates of the Convention
After the Committee of Detail presented its final draft of a Constitution to the Convention on August 6th (as discussed in Part 3), debates began on the various aspects, provisions and clauses. The Constitution presented contained 23 Articles, with Article VII representing what would become Article I Sections 8, the Section that contains “general welfare”. Article VII of the proposed Constitution contains the enumerated powers as well as prohibitive powers similar to what would end up being Article I Section 9, among others. Article VII Section Clause 1 reads:
- The legislature of the United States shall have the power to lay and collect taxes, duties, imposts, and excises.
Just as with the following 17 clauses after this clause, general welfare or any similar variant does not appear anywhere within these 18 clauses.
It would not be until the next day a reference to General welfare in some would appear, but it would be tied to Article III of the proposed Constitution. Article III concerned establishing the Legislature to consist of two bodies, each having a negative on the other [not giving assent to the others bills], and when it should meet.
Saturday, October 23, 2010
General Welfare (Part 3) Debates in Convention, Committee of Detail
As already discussed [in Part 2]on July 26th, the Convention broke into Committee of Detail [selected July 24th] until August 6th. The Committee consisted of five members Oliver Ellsworth (Connecticut) Nathaniel Gorham (Massachusetts) Edmund Randolph (Virginia) John Rutledge (South Carolina) James Wilson (Pennsylvania). The purpose of this committee was to make a draft constitution for the Convention as agreed to through this point of debating. Max Farrands records on the Convention contain James Wilson’s [Pennsylvania] notes from the committee, the only records of the committee that may in fact be available from the committee. James Madison’s Notes [Virginia] do not contain the committee with July 26th-Aug 6th having no entries, similarly Rufus King [Massachusetts] from July 15-Aug 7th. James McHenry [Maryland] did not return to the Convention until Aug 6th, after departing for personnel reason in Jun. Robert Yates [New York] last entry in from July 5th, before departing the convention, William Pierce [Georgia] does not address the Committee, nor does William Patterson [New York], or Alexander Hamilton [New york], though several do mention the committee did take place during this time, these are among the most common records of the convention itself.Wednesday, October 20, 2010
Political Venom strikes again
Christie O'Donnell of DE is currently being lighted up by media for asking "Where in the Constitution does it say separation of Church and State". The true fact is, it does not. The common reference of this term is associated with the First Amendment:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
But however the term does not reside in it. It actually has its genesis from Thomas Jefferson in 1802 in a letter to the Danbury Baptist in Danbury CT.
But that point aside, one is being lambasted by media for stating a fact, IT IS IN FACT NOT IN THE CONSTITUTION, rather than it is not in agreement with their perception of meaning. Instead of stating it to be a "true" statement and take issue with her interpretation and contending it implies a "separation" though does not state it, a factual statement has been twisted into being presented as false due to a political disagreement.
This is Political Venom. We can disagree, we can agree to disagree, but we can not change the facts, and the attempt has been made here to do just that, change a factual statement from one, and present it to be false.
Monday, October 18, 2010
General Welfare (Part 2) Debates in Convention, the First Drafts.
How did “General Welfare” end up in the Constitution? As noted in Part 1, the term was used in the Articles of Confederation, and a similar term was used in the Constitutions of several states. But how did it end up in the Constitution, and what was it thought of during the debates of Ratification, and not only the term general welfare, but the clause as a whole? What is perhaps the most striking aspect of general welfare during the Constitution Convention of 1787, is how little it was actually discussed, this is even more amplified considering the considerable debate among many of the other enumerated powers found in Article I Section 8.The term General Welfare came up very early in the Convention, the first day after the rules of the Convention had been agreed upon, we see its first use. On May 29, 1787 Edmund Randolph, he Governor of Virginia rose and presented a proposed outline to a new Constitution, known commonly today as the Virginia Plan. In the very first resolution, Randolph he state the purpose of his proposal.
- 1. Resolved that the Articles of Confederation ought to be so corrected & enlarged as to accomplish the objects proposed by their institution; namely, "common defence, security of liberty and general welfare” 1
In the Virginia plan, this use of General Welfare is in direct reference to its use in the Articles of Confederation, which [as described in Part 1] was a term to describe the general purpose of the Articles, and carried no direct power to the Congress Assembled. Randolph in his first resolution also uses it for this purpose, to describe the general intention or purpose of the Virginia plan, as it relates to the general purpose of the Articles of Confederation, to correct and amend the articles to secure the common defense, security of liberty and general welfare, not as a resolution of power.On May 30th, the Convention broke to committee to consider Randolph’s resolutions, with his first resolution postponed indefinitely, in order to consider the following.
- That a union of the states merely federal will not accomplish the objects proposed by the Articles of Confederation—namely, common defence, security of liberty, and general welfare. 1
This resolution was in addition to two others agreed to regarding the general concepts of forbidding the States from making treaties, and making a government consisting of three branches, Legislature, Executive, and Judiciary. The use of the term here has no differing meaning than what Randolph had proposed the prior day in the Virginia Plan.
June 13th is the next time we encounter either general welfare itself, a draft of what would be the final version of Article I Section 8 Clause 1 or comparable scope of power, on a report from committee concerning a the basic structure of a new government [prelude to the New Jersey Plan].
- 6. Resolved, That the national legislature ought to be empowered to enjoy the legislative rights vested in Congress by the Confederation; and moreover, to legislate in all cases to which the separate states are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation; to negative all laws passed by the several states contravening, in the opinion of the national legislature, the Articles of Union or any treaties subsisting under the authority of the Union. 1
On June 15th the new Jersey Plan was submitted by William Patterson [New Jersey], with the 3rd Resolution addressing the ability to tax, in proportion to the population of all free persons, and indentured servants [excluding Indians not taxed]. But no mention of the purpose of the power to tax is described as we would come to see it in the Constitution.
The debates of the New Jersey plan carry into June 16th, when James Wilson [Pennsylvania] brought up 13 points in regards to the New Jersey Plan. His 6th point was:
- 6. The national legislature is to make laws in all cases to which the separate states are incompetent, &c.; in place of this, Congress are to have additional power in a few cases only. 1
James Wilson later on, while discussing the necessity to divide the Legislature into two house, made the following point in regards to Congress in a single Legislature:
- If the Legislative Authority be not restrained there can be neither liberty nor stability. 1
Even though James Wilson [who did sign the Constitution] was discussing the need of having two house in the Legislature vice one as proposed in the New Jersey Plan, the sentiment carries is what is significant, is the desire for restraint on the Legislature, this was essential to ensure Liberty and to maintain a stable political system.Though this resolution does directly reflect either general welfare or its clause, it does go toward showing the desire of the convention to base the power structure off of the Articles of Confederation, and expand them as needed.
It was not until July 17th that General Welfare was again discussed [in the records of the notes whom attended and the Federal Journal].
- Mr. [Roger] SHERMAN observed, that it would be difficult to draw the line between the powers of the general legislature and those to be left with the states; that he did not like the definition contained in the resolution; and proposed, in its place, to the words “individual legislation,” inclusive, to insert “to make laws binding on the people of the United States in all cases which may concern the common interests of the Union; but not to interfere with the government of the individual states in any matters of internal police which respect the government of such states only, and wherein the general welfare of the United States is not concerned.” 1
Roger Sherman [Connecticut] was discussing the following clause from the day before.
- “And moreover to legislate in all cases to which the separate states are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation,” 1
At this point in the Convention the Delegates were debating the division of power from the National [Federal] and State Governments. Fresh on the minds of all was the inability of a state to quell a rebellion [Shay’s rebellion] in addition to the inability of the Congress Assembled to stop it because it lacked the power, in addition to numerous other short comings associated with the Articles of Confederation. This clause immediately drew the ire of several Delegates including Pierce Butler [South Carolina] and Nathaniel Gorham [Massachusetts]. They both contended on an explanation of particularly “incompetent”, and, “The vagueness of the terms rendered it impossible for any precise judgment to be formed”. John Rutledge [South Carolina] was also opposed, and moved for it be struck, with the votes being even, this motion failed.Back to Roger Sherman’s motion, after being opposed by Gouverneur Morris [Pennsylvania] that some items the States did need policing, such as paper money, Roger Sherman defended the proposal by.
- “in explanation of his idea, read an enumeration of powers, including the power of levying taxes on trade, but not the power of direct taxation.”. [italics noted in Madison’s Notes on the convention] 1
In the end Roger Sherman’s proposal failed by a substantial 8-2 vote. But what is to note here is, nowhere in the discussion was General Welfare moved to be a power of General Power, but was rather simply used as a passive term of description of the purpose of his proposal. The debate centered around how to effectively divide National from State powers, and the overall premise was the National government could not interfere with the actions of a State, unless it was against the interest of the “general welfare”, of the United states as a whole. as he later explained was limited to the enumerated powers and levying of taxes on trade. In the whole context, the idea was not to enable the National government to do things it felt were in the National welfare, but to prevent only those that were actions by states that were against the whole National welfare. As it was implied in this instance, it was not making reference to it is a general enabling power to a governing body.
The fact that the “incompetent’ drew a significant amount of attention from several delegates due to its potential of allowing the government to expand its powers to those it was not intended, while the term “general welfare” was drew no objections at all, goes to only supports the previous notion, that this term is used as a general meaning phrase to describe purpose and not a power enabling general clause. The whole debate around this single use is substantial in that it also was in reference of taxing power, the power that would eventual be described in the very same clause general welfare ended up in.
On July 26th resolutions were agreed to on the basic structure of the new Constitution, included in these is Resolution 6:
- 6. Resolved, That the national legislature ought to possess the legislative rights vested in Congress by the Confederation; and, moreover, to legislate in all cases for the general interests of the Union, and also in those to which the states are separately incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation.
After the whole proposal of 23 resolutions were submitted, they were referred to committee along with Charles Pinckney’s [South Carolina] Constitution proposal from May 29th, and William Patterson’s New Jersey plan from June 15th. As already mentioned William Patterson’s New Jersey plan did not contain a general welfare or power clause, though did contain the contended “incompetence'” portion, that is still reflected in the 6th resolution on July 26th. Charles Pinckney’s draft Constitution from May 29th, also did not contain a general welfare or power clause, but did contain the context of the rest of what is Article I Section Clause 1, in Article VI of his proposal.- Art VI – The Legislature of the United states shall have the power to lay and collect taxes, imposts, and excises. 2
Through July 26th, General Welfare or any form of it, has been used very sparingly and sporadically, and thus far used mainly in reference to the use of it in the Articles of Confederation. But debates have already taken place about other aspects of Congressional power and is it being restrained enough, but not one of these was on the term general welfare. Up to this point in the Convention it does not seem to appear that general welfare is anything more than the term that was used in the Articles of Confederation which carried no weight of power at all as discussed in part 1, because why would they debate ‘incompetence’ as being too much power to Congress and draw the ire of at least half the delegates based on the split vote for its removal, but not even mention once an opposition “general welfare” also as being a power that may give Congress too much power?
Part 1 : Part 2 : Part 3: Part 4 : Part 5 : Part 6 : Part 7
1 James Madison Notes on the Convention of 17872 Charles Pinckney Draft Constitution, presented on May 29th 1787. No record from the Convention of 1787 itself outlines Pinckney’s proposed Constitution, though Journals do reflect the fact he submitted one for consideration. The Draft used as his proposal was submitted by Pinckney himself in 1818 years after the Convention, when an attempt was being made to collect and preserve all information from the Convention itself by future President John Quincy Adams. The fact that limited records from the Convention details his proposals does call into question the accuracy of the Draft he submitted as to being the one actually proposed on May 29, 1787, though notes from James Wilson discovered in the early 1900’s tend to show much a what he submitted to be accurate.
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