Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1884-04-26
OUR CONSTITUTIONAL HISTORY
No. q.

and adoption of these fundamental principles. !
We have seen that 1t resulted in the approval |
of the Virginia, or national plan, modified to |
some degree to meet the wishes Of the feder- |
ais. 1t Is an Interesting fact that the changes |
were. we may say, uniformly in the direction
Of federalism.
The later sessions ofthe body were consum-
ed in discussing, molding. perfecting the con-
stitution itself. July %. 1t was resolved,
sThat the proceedings of the convention for
| the establishment of q national government,
except what respects thesupreme eXecutive,be
referred to a committee, for the purpose OF
| reporting constitution conformably to the
proceedings aforesaid" This is "the COM
mittee of DETAIL" and consisted of Rutledge,
s. c., Randolph, Va, Gorhan, Mass, Ellis
worth, Conn.,, and Wilson, Penn. To this
committee were also referred the jersey
Resolutions, three resolutions offered July
20, and Pinckney's Draft. They reported
draft of constitution August 6, which was
amended and discussed until September s,
when 1t was referred to another committee
OF five to revise its style and arrange its arti-
cles. The constitution thus passed through
three stages, Pinckney's, tue committee Of
details, and as finally adopted. We shall ex-
anime each of these.
CHARLES PINCKNEY's DRAFT.
1t was arranged into fifteen articles, be-
sides its enacting predatory clause. This
clause says that the people of the original
thirteen states, enumersting them. do Ordain,
declare. and establish the constitution. The
first article names the government, "The
| limit jfafo Of nd uLroa
"consist of supreme legislative, executive,
and judicial powers"
The 2nd article vests the legislative power
In congress of two houses, the house of del
egates and the senate. The, e,3rd provides that
the delegates be elected by the people of the
states annually; that the representation of
the states be proportioned to the number OF
their inhabitants ;that all money bills originate
in the lower house and be unaltera-
BILE by the senate; that it possess the power
of impeachment; and that the slate execu-
tives supply vacancies.
The 4th makes the senate elected by the
house Of delegates; the states have proper
tionate representation; the senators to be di.
vided into three classes, New England, Mid.
t die States, Southern States: and vacancies tr
be filled by the house.
The 9th contains most of the provisions
found In the 4th. 18th, 9th and 7th sections O.
the first article OF the constitution as it l,
q now.
: Article 9th enumerates the powers of tht
legislature Of the United States. These arr
almost the same as Eow. 1t, however, EN-
powers congress to 'emit bills of credit ,
which our supreme court has lately decided
!. congress may do under the constution as it Il
i now. 1t would seem probable that the omis
sion of this provision in the final draft wa
meant to be q denial of this power to con
gress; AS it is also found in the draft Of tn
committee of detail. This article also give
, power to establish national university; re
quires two thirds vote In each house to pas
"a y law regulating commerce; forbids all law
D; on religion or abridsing the press; and dc
D. clares the United States laws and treaties til
supreme law Of the land.
n, Article 7th gives to the senate the sol
n. power Of declaring war, making treaties, ap
pointing ambassadors and judges of the .u
preme court, and of regulating the mode
deciding disputes between the states.
Article Sth invests the executive power
q president; to he re-eligibe; and with sui
>'an;ially the same powers he now possesse
except as seen in the preceding article.
Is also made his duty to correspond with III
state executives. His trial on impeachmei
was to lie by the supreme court. \ vacanc
IN the Office was to be filled first by the pre-!
ident OF the senate, and then by the speak'
Of the house. No vice. president is mention
ed.
Article 9th gives TO the legislature pow
to establish courts, and provides that Il
judges shall hold during good behavior III
be paid fixed compensation. Original iuri
dlction Is given the supreme court in impeac
ment and cases OF ambassadors; and appe
late in cases arising under United States Law
and Of admiralty. 1t further provides III
offences shall be tried In the state whe
committed, and that tri ils shall be public al
by jury.
Article 10th provides for the first elcc,it
of the senate by the house, giving each sta
senators in proportion TO its members in Il
house, each state, however, to have ut lea
one senator.
Article llth contains the prohibitions Oh Il
the states, similar to Art. /, sec. 10 Of prese
constitution. The present constitute
contains all Tue proDlDliiOns mere loun'
and In addition those relating to col
axe, bills of attainder, poet tat
laws and those impairing the oblisati'
Of contracts, exports, aud duties OF tonnag
The changes made here were in the dlrecti'
of an abrldgnent OF state power. This artiC
also gave the legislature power TO reri
state laws and annul such infringed up
the constitutional province Of congress.
Articles 18th, 18th, 14th and 10Th were sill
ilar to Art. ~ Of the present constitution,
to the relations OF the states to each oths
The present constitution adds the provisi
1t contains as to fugitives from service; I
limitations upon forming new states from t
territory OF the old states; the guaranty
republican form of government and prote
ton from invasion. Pinckuey's draft requ
ed two-thirds vote To admit new state.
Article 10Th provides for amending the CO
stitution; either by a convention called
the United States legislature on the apple
tion of two-thirds of the state legislature
or by two-thirds OF each house PROPOSE
and two-thirds Of the state legislatures rs
fyIng the amendments. These are differ,
as will be perceived from the present MOI
Of amending. This article also provides
the ratification of the constitution by conv
,oa tions In the several states.
This brief summary makes 1t clear that