Convention of 1787: May 29, 1787 Day 3: The Virginia Plan and Pinckney Plan

May 29, 1787 was the first day of formal debates in the Convention, and would see two plans presented that would set the tone for much of the Convention, the Virginia Plan introduced by Edmund Randolph (Virginia) and Charles Pinckney (South Carolina) also introduced his Pinckney Plan.

Before either man would rise to present their plans to the Convention, James Madison noted the arrival of two more Delegates to the Convention, and final rules were established proposed the day prior on May 28, 1787.

Delaware – John Dickinson

Massachusetts – Elbridge Gerry

The following additional rules were proposed by the Committee of Rules, and subsequently agreed to.

“That no member be absent from the House, so as to interrupt the representation of the state, without leave.

“That committees do not sit whilst the House shall be, or ought to be, sitting.

“That no copy be taken of any entry on the Journal, during the sitting of the House, without leave of the House.

“That members only be permitted to inspect the Journal.

“That nothing spoken in the House be printed, or otherwise published, or communicated, without leave.

“That a motion to reconsider a matter which has been determined by a majority may be made, with leave unanimously given, on the same day on which the vote passed; but otherwise, not without one day’s previous notice; in which last case, if the House agree to the reconsideration, some future day shall be assigned for that purpose.”

Several of these rules clarify or expound on previous rules, but the last two are of note on how they will effect the conduct of the Convention. First is nothing of the Convention is to be spoken or printed without leave (approval of the Convention). This is to ensure the secrecy of he meetings, and to prevent undue public or other political pressure on the Convention ensuring the freest exchange of ideas and debate in any direction. The second, allows previously decided proposals or ideas to be revisited and changed. This will allow the Convention to be able to mold the entire document to come in various parts, and make adjustments as needed or desired to any section as needed as the consequence of other portions having been debated. This flexibility would prove to be crucial as the pending document proved to be complex in how the several parts effected other parts and powers.

Charles Pinckney moved for a committee of minutes be appointed. This was opposed by Gouverneur Morris (Pennsylvania), contending the appointed Secretary was impartial and a committee may have an interest in molding the record to their opinions and wishes. The motion failed to carry 5 Nay-4 Yea.

The Virginia Plan

Following finalizing the rules of the Convention, Edmund Randolph took the Floor, “He expressed his regret that it should fall to him, rather than those who were of longer standing in life and political experience, to open the great subject of their mission”. Edmund Randolph, also made reference to Virginia being the source of origin of the Convention itself. He is referring to the concern of George Washington about the Frontier, leading to the Mt Vernon Compact and it exposing a critical flaw in the Articles of Confederation. This ultimately lead to Virginia inviting the States to a Convention to discuss the problems with commerce, held in Annapolis (Annapolis Convention). The lack of representation did not preclude the 12 representatives present to request another Convention, with an ability to look at the Articles of Confederation as a whole, and not just commerce. On February 21, 1787 did just that, calling a Convention to begin on the second Monday in May 1787 (May 14, 1787), and this is that Convention.

Randolph commented on the difficulty of the crisis at hand in order to prevent the downfall of the United States. He four observations on the situation at hand. First the revising the Federal System to secure against foreign invasion; Second The Defects of the Articles of Confederation; Third the Dangers of the Situation, Fourth; the remedies.

On the Federal System, he explains what he feels is the purpose of what government ought to secure first¹.

Against foreign invasion;

Against dissensions between members of the Union, or seditions in particular states;

To procure to the several states various blessings, of which an isolated situation was incapable;

It should be able to defend itself against encroachment; and,

To be paramount to the state constitutions.

The purposes he describes, would set the basic standard of how the Constitution would be approached, and were lessons that had been thus far painfully learned by the young nation. He than notes to the Convention, that when the articles of Confederation were drafted the following were true:

no commercial discord had arisen among any states—

no rebellion had appeared, as in Massachusetts—

foreign debts had not become urgent—

the havoc of paper money had not been foreseen—

treaties had not been violated;

and perhaps nothing better could be obtained, from the jealousy of the states with regard to their sovereignty.

He used these examples to show that the Articles of Confederation were not achieving what they had intended, that discourse has become more of the norm, than the exception. Edmund Randolph then proceeded to enumerate the defect of the Articles of Confederation in Five parts.

First, that the Confederation produced no security against foreign invasion; Congress not being permitted to prevent a war, nor to support it by their own authority. Of this he cited many examples; most of which tended to show that they could not cause infractions of treaties, or of the law of nations, to be punished; that particular states might, by their conduct, provoke war without control; and that, neither militia nor drafts being fit for defence on such occasions, enlistments only could be successful, and these could not be executed without money.

Secondly, that the federal government could not check the quarrel between states, nor a rebellion in any, not having constitutional power, nor means, to interpose according to the exigency.

Thirdly, that there were many advantages which the United States might acquire, which were not attainable under the Confederation; such as a productive impost, counteraction of the commercial regulations of other nations, pushing of commerce ad libitum, &c., &c.

Fourthly, that the federal government could not defend itself against encroachments from the states.

Fifthly, that it was not even paramount to the state constitutions, ratified as it was in many of the states.

His observations have direct correlations to issues that were occurring, or had recently occurred in the Nation.

The Federal Government must protect The People, States and Nation against foreign threats, to this point it had not been able to, either in commerce or protection of the people. Impression was being conducted on US Mariners by the British, and the Congress Assembled was virtually powerless in foreign affairs, to compel or force foreign nations to abide by treaties.

The Federal Government must be able to resolve issues between States or seditions in any State. Trade wars and prohibitive tariffs have been place on states for goods going to others states were common, and the Congress Assembled had no power to resolve this problem. The Congress Assembled also could not aide a State or States in the event of insurrection, rebellion or other domestic violence as had been shown during the recently ended Shays’ Rebellion in Massachusetts.

To procure to the several states various blessings which can not be obtained by isolation of all the States. States themselves make agreements between themselves which may be in the best interest of multiple States or perhaps the Union as a whole, as the Mt Vernon Compact illustrated. Nor could Congress do anything to aide in the matters at hand.

The Federal Government must be able to defend itself from encroachments by the States. States would chose not obey or enforce Federal Rules and Laws, but some had also negotiated agreements with foreign nations, even though prohibited by the Articles of Confederation by the States, and could only be done by the Congress Assembled.

One Law needed to be supreme, unless Federal Law was supreme to that of that States compelling the States to obey and abide by it, Federal Law meant nothing, if State Laws could be superior to that of Federal Law. Congress Assembled could not pass laws which would infringe on existing State Laws or Powers.

Edmund Randolph reviewed the situation and showed just how much danger the United States was in from complete collapse and the prospect of anarchy from the virtually powerless government. From here he presented his remedy, the Virginia Plan of a government structure in 15 parts.

“1. Resolved, that the Articles of Confederation ought to be so corrected and enlarged as to accomplish the objects proposed by their institution; namely, ‘common defence, security of liberty, and general welfare.’

“2. Resolved, therefore, that the rights of suffrage in the national legislature ought to be proportioned to the quotas of contribution, or to the number of free inhabitants, as the one or the other rule may seem best in different cases.

“3. Resolved, that the national legislature ought to consist of two branches.

“4. Resolved, that the members of the first branch of the national legislature ought to be elected by the people of the several states every—for the term of—; to be of the age of—years at least; to receive liberal stipends, by which they may be compensated for the devotion of their time to the public service: to be ineligible to any office established by a particular state, or under the authority of the United States, except those peculiarly belonging to the functions of the first branch, during the term of service, and for the space of—after its expiration; to be incapable of reelection for the space of—after the expiration of their term of service, and to be subject to recall.

“5. Resolved, that the members of the second branch of the national legislature ought to be elected, by those of the first, out of a proper number of persons nominated by the individual legislatures; to be of the age of—years at least; to hold their offices for a term sufficient to insure their independency; to receive liberal stipends, by which they may be compensated for the devotion of their time to the public service; and to be ineligible to any office established by a particular state, or under the authority of the United States, except those peculiarly belonging to the functions of the second branch, during the term of service, and for the space of—after the expiration thereof.

“6. Resolved, that each branch ought to possess the right of originating acts; 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 treaty subsisting under the authority of the Union; and to call forth the force of the Union against any member of the Union failing to fulfil its duty under the articles thereof.

“7. Resolved, that a national executive be instituted; to be chosen by the national legislature for the term of—; to receive punctually, at stated times, a fixed compensation for the services rendered, in which no increase or diminution shall be made so as to affect the magistracy existing at the time of increase or diminution; and to be ineligible a second time; and that, besides a general authority to execute the national laws, it ought to enjoy the executive rights vested in Congress by the Confederation.

“8. Resolved, that the executive, and a convenient number of the national judiciary, ought to compose a council of revision, with authority to examine every act of the national legislature, before it shall operate, and every act of a particular legislature before a negative thereon shall be final; and that the dissent of the said council shall amount to a rejection, unless the act of the national legislature be again passed, or that of a particular legislature be again negatived by—of the members of each branch.

“9. Resolved, that a national judiciary be established; to consist of one or more supreme tribunals, and of inferior tribunals; to be chosen by the national legislature; to hold their offices during good behavior, and to receive punctually, at stated times, fixed compensation for their services, in which no increase or diminution shall be made so as to affect the persons actually in office at the time of such increase or diminution. That the jurisdiction of the inferior tribunals shall be to hear and determine, in the first instance, and of the supreme tribunal to hear and determine, in the dernier resort, all piracies and felonies on the high seas; captures from an enemy; cases in which foreigners, or citizens of other states, applying to such jurisdictions, may be interested; or which respect the collection of the national revenue, impeachments of any national officers, and questions which may involve the national peace and harmony.

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

“11. Resolved, that a republican government, and the territory of each state, except in the instance of a voluntary junction of government and territory, ought to be guaranteed by the United States to each state.

“12. Resolved, that provision ought to be made for the continuance of Congress, and their authorities and privileges, until a given day after the reform of the Articles of Union shall be adopted, and for the completion of all their engagements.

“13. Resolved, that provision ought to be made for the amendment of the Articles of Union whensoever it shall seem necessary; and that the assent of the national legislature ought not to be required thereto.

“14. Resolved, that the legislative, executive, and judiciary powers, within the several states, ought to be bound by oath to support the Articles of Union.

“15. Resolved, that the amendments which shall be offered to the Confederation by the Convention, ought, at a proper time or times, after the approbation of Congress, to be submitted to an assembly or assemblies of representatives, recommended by the several legislatures, to be expressly chosen by the people, to consider and decide thereon.”

Edmund Randolph’s proposal is only a basic outline in addition to revising the articles for the general good of the Union, he proposes many significant changes to the Articles of Confederation, including three branches of Government (as Montesquieu had discussed in the Spirit of Laws), Popular suffrage in a Bicameral Legislature,

 

Articles of Confederation	Power	Virginia Plan
1 (Congress Assembled)	Branches of Government	3 (Legislature, Executive, Judicial)
1 Vote per State	Suffrage in the Legislature	Population or Contribution based
Unicameral	Legislature Structure	Bicameral
State Legislatures	Legislature appointment	Elected by the People
N/A	2nd Legislative House	Appointed by 1st House
N/A	National executive appointment	Chosen by Legislature
States decided on validity	Judicial review	Executive and Judiciary council
Limited case by Congress	Judicial Appointment	Appointed by Legislature
Not Required	Republican form of Government for all	Required
Congress and States assent	Amending	States only
Not Required	Bound by oath to the Articles of Confederation	Required

In addition, Randolph also proposed, methods for admitting States, having the Articles of Confederation as is remain in place until the reforms are adopted, and the people and not the State Legislatures be the ratifying bodies of the changes to the Articles of Confederation. The Virginia Plan, sets the foundation for the type of Government the Convention will follow, a Constitutional Federal Republic, with a Bicameral Legislature an Executive and Judiciary.

Following Edmund Randolph submitting and explaining the Virginia Plan, Alexander Hamilton (New York) observed, struck him as necessary and preliminary inquiry to the proposition from Virginia whether the United States were susceptible of one Government or required a separate existence connected only by leagues Offensive and Defensive and Treaties of Commerce².

After Edmund Randolph presented his plan, Charles Pinckney took the floor and presented his plan³

The Pinckney Plan 

We, the people of the states of New Hampshire, Massachusetts, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, do ordain, declare, and establish, the following constitution, for the government of ourselves and posterity.

Government to consist of Three Branches of Government

Legislature

House of Delegates

Senate

Meet once a year

House of Delegates term for --- years, elected every --- years, and must be --- years of age.

Senate members chosen by the House of Delegates.

House of Delegates will be the Judge of Elections, returns, and qualifications.

Freedom of speech on the House floor is guaranteed, as is travel to and from debates, with exceptions of serious crimes.

Journals and Yea and Nay votes will be kept and published, except for meetings requiring secrecy.

Members barred from holding other offices while a member of either house, except for officers specifically for that house.

Members will be compensated for service

Two-Thirds vote from both houses required to override a veto.

Legislature shall have the power to lay and collect taxes, duties, imposts and excises.

The Legislature shall have the power to:

To regulate commerce with all nations, and among the several states;

To borrow money, and emit bills of credit;

To establish post-offices;

To raise armies;

To build and equip fleets;

To pass laws for arming, organizing, and disciplining the militia of the United States;

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

To coin money, and regulate the value of all coins, and fix the standard of weights and measures;

To provide such dockyards and arsenals, and erect such fortifications, as may be necessary for the United States, and to exercise exclusive jurisdiction therein;

To appoint a treasurer, by ballot;

To constitute tribunals inferior to the supreme court;

To establish post and military roads;

To establish and provide for a national university at the seat of 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;

To make rules concerning captures from an enemy;

To declare the law and punishment of piracies and felonies at sea, and of counterfeiting coin, and of all offences against the laws of nations;

To call forth the and of the militia to execute the laws of the Union, enforce treaties, suppress insurrections, and repel invasions;

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 proportion 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, and within the term of every—year 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: or 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, and all treaties made under the authority of the United States, shall be the supreme law of the land; and all judges shall be bound to consider them as such in their decisions.

The Senate shall have the sole and exclusive power to declare war, and to make treaties, and to appoint ambassadors and other ministers to foreign nations, and judges of the supreme court.

They shall have the exclusive power to regulate the manner of deciding all disputes and controversies now existing, or which may arise, between the states, respecting jurisdiction or territory.

Concerning the President:

The executive power of the United States shall be vested in a President of the United States of America, which shall be his style; and his title shall be His Excellency. He shall be elected for—years; and shall be reeligible.

He shall from time to time give information to the legislature of the state of the Union, and 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; and, except as to ambassadors, other ministers, and judges of the supreme court, he shall nominate, and, with the consent of the Senate, appoint, all other officers of the United States. He shall receive public ministers from foreign nations; and may correspond with the executives of the different states. He shall have power to grant pardons and reprieves, except in impeachments. He shall be commander-in-chief of the army and navy of the United States, and of the militia of the several states; and shall receive 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 faithfully to execute the duties of a President of the United States. He shall be removed from his office on impeachment by the House of Delegates, and 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. And in case of the death of the president of the Senate, the speaker of the House of Delegates shall do so.

Concerning the Judiciary:

The legislature of the United States shall have the power, and it shall be their duty, to establish such courts of law, equity, and admiralty, as shall be necessary.

The judges of the courts shall hold their offices during good behavior; and receive 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 and consuls; to the trial or impeachment of officers of the United States; to all cases of admiralty and maritime jurisdiction. In cases of impeachment affecting ambassadors, and other public ministers, this jurisdiction shall be original; and in all other cases appellate.

All criminal offences, except in cases of impeachment, shall be tried in the state where they shall be committed. The trials shall be open and public, and shall be by jury.

Proportioning Congress:

Immediately after the first census of the people of the 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 each state shall have in the House of Delegates. Each state shall be entitled to have at least one member in the Senate.

Powers Forbidden to the States:

No state shall grant letters of marque and 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 States, 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; nor emit bills of credit; nor 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, on the danger of invasion be so great as not to admit of a delay until the government of the United States can be informed thereof. And, 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 this Constitution to Congress, and to negative and annul such as do.

Equal Protection of Citizens and Extradition:

The citizens of each state shall be entitled to all privileges and 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, and removed to the state having jurisdiction of the offence.

Acts of state Legislatures:

Full faith shall be given, in each state, to the acts of the legislature, and to the records and judicial proceedings of the courts and magistrates of every state.

Admitting of States:

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.

Insurrection:

On the application of the legislature of a state, the United States shall protect it against domestic insurrection.

Amending the Constitution:

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.

Ratification:

The ratification of the—conventions of—states shall be sufficient for organizing this Constitution.”

Ordered, that the said draft be referred to the committee of the whole appointed to consider the state of the American Union.

Much like Edmund Randolph’s Virginia Plan, Charles Pinckney’s plan consist of Three branches of Government, a Bicameral Legislature, and Executive and Judiciary, with significant differences from the Articles of Confederation.

 

Articles of Confederation	Power	Pinckney Plan
1 (Congress Assembled)	Branches of Government	3 (Legislature, Executive, Judicial)
1 Vote per State	Suffrage in the Legislature	Population or Contribution based
Unicameral	Legislature Structure	Bicameral
State Legislatures	Legislature appointment	Elected by the People
N/A	2nd Legislative House	Appointed by 1st House
N/A	National executive appointment	Elected by the People
States decided on validity	Judicial review	Executive and Judiciary council
Limited case by Congress	Judicial Appointment	Appointed by Legislature
Congress and States assent	Amending	2/3 Congress and States

However unlike the Virginia Plan, Pinckney's Plan is much more in depth in detail of Government. Pinckney outlines minimum qualifications for members of Congress (Article III & IV), though the exact qualifications are left blank to be decided by the Convention. He also enumerates specific powers to the Congress (Article VI), other certain actions Congress must do (Article V, VII, IX, X) as well as prohibitions to Congress. He addresses this with the States as well, laying out specific prohibitions to the States (Article XI), and certain requirements of them as well (Article XII, XIII), provides for Congress to protect against Domestic Violence (Article XV) and a more detailed method of amending (Article XVI).

Much of what appears in the Pinckney Plan, will end up in the final Constitution, while some aspects and powers will not, just the same as the Virginia Plan. Much controversy surrounded the Pinckney Plan for nearly a century on the accuracy of the draft he gave John Quincy Adams in 1818, since no record of its content was recorded in the Convention. That was until notes of James Wilson were discovered in the early 20th Century from his Committee of Detail (later on in the Convention), which references Pinckney and his plan, and also included notes that was able to substantiate not the entire draft, but much of it as being accurate, since Wilson’s notes did not include every aspect of the Pinckney Plan³.

Following the submission of the Pinckney Plan, the Convention went into recess until the next day May 30, 1787 concluding the first day of debates and presenting the framework of what the Convention would use in drafting a new Constitution.

 

1: James Madison (Notes on the Convention of 1787)

2: James McHenry (Notes on the Convention of 1787)

3: For some time the validity of the Pinckney Plan was questioned, since it bore considerable resemblance to the “Committee of Detail Plan. In 1818, John Quincy Adams was preparing the journal of the convention for publication and discovered that the Pinckney plan was missing, he wrote to Pinckney for a copy, and Pinckney sent him what he asserted was either a copy of his original draft or a copy of a draft which differed from the original in no essentials. But as this was found to bear a close resemblance to the draft reported by the committee of detail, Madison and others, who had been members of the convention, as well as historians, treated it as spurious, and for years Pinckney received little credit for his work in the convention. Later historians, however, notably J. Franklin Jameson and Andrew C. McLaughlin, have accredited to him the suggestion of a number of provisions of the constitution as a result of their efforts to reconstruct his original plan chiefly from his speeches, or alleged speeches, and from certain papers of James Wilson, a member of the committee of detail, one of which papers is believed to be an outline of the Pinckney plan.