Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1884-04-26


Pincknev made the senate to be chosen by the
ower house of the legislature Of the United
States, gave the states proportionate instead
of equal representation in 1t, made the gener-
al legislature reriser Of state laws, did MT
provide for a vice-president, and gave the /
senate the settlement of disputes between the
states, and did not give to the federal judi
cary the Jurisdiction of interstate questions
1t Is noticeable that Pinckney made no pro- |
vision for the election of the president.
This draft, with the various resolutions |
offered to the convention, was referred to the
committee of detail, July "a and 90, who took |
it and them into consideration and reported
Monday, August 6. This leads us to exam
inc -.....
THE COMMITTEES DRAFT OF A CoNsTITu-
TION.
1t contains % articles besides the enacting
preamble. The first two are general; the
3rd and 9th Inclusive set forth the legislative
department; the 10th the executive; the l1th,
the judicial; the 18th and 13tl, the prohibi-
tlons on the states; the 14th and 18th inclu-
sive, the relations of the states; the 18th, the
mode of amendment; the 10th. the constitu-
tional osth; the 2lst, 92nd and 23rd, the rati-
fication of the constitution and the establish
ment Of the government under 1t.
We shall give only those provisions in
which it differs materially from the adopted
constitution.
The preamble enumerates the states, and
does not contain the objects sought in estab
fishing the constitution.
In the legislative department., three years.
citizenship was sufficient for member of the
lower house, and four for q senator. The
ratio of representation in the lower house is
one for ever forty thousand, and it is not
stated whether all persons shall be counted
in this enumeration or not. Itgives revenue,
appropriation and salary bills 10 the lower
house, unalterable by the senate. The trial
of impeachments Is given to the courts in
stead OF to the senate. 1t provides that a
| property qualification may be required of the
members of both houses. 1t debars senators
from anv Office under the Uulted States for
| one year after the expiration OF their term.
! Members of both houses were to be paid by
their own states. It does not contain the
limiting purposes for the levying and collect
| Ing of United States taxes. 1t does not give
the legislature power over patent and copy.
rights, nor to make rules for the army anG
navy, nor to provide for organizing, arming
discipining and governing the militia, mol
for exercising exclusive legislation over tht
capital district, forts, &C. Treason agains
any state is made treason against the United
States. There is no limit to the time whel
the slave trade shall not be prohibited.
does not forbid the suspension of the writ o
habeas corpus, the passing of bills Of attain
der and er post tacto laws, nor the reception
of gifts, SC by United States officers from
foreign powers. 1t does not. include th
United States constitution and treaties sa par
of the supreme law Of the land. 1t gives tn
senate the sole right to make treaties, and ap
point ambassadors and judges of the suprem
court. 1t provides for the settlement Of dis
putes between the states, including Ian
grants, by referring them to q commission
: chosen by the senate.
: In the executive department, there Is n
vice-pr esident mentioned. The president /
to be chosen by the legislature of the Unite
States for seven years, and to be ineligible fl
a second term. The president OF the senat
succeeds in the event of a vacancy. No qua
ifications are given for the presidency.
In the judicial department., the importar
differences have been gwen above.
1t does not prohibit the states from passin
bills Of attainder, ez post .facto laws, and law
impairing the obligation of contracts, nc
from laying tonnage duty, or upon exports
In the relations of the states, there is 4
> provision As to fugitiyes from service. 1t n
quires a two-thirds vote to admit a new stat
{ 1t contains no provision as to the governmer
of the territories.
1t makes the constitution amendable by
> convention called by the legislature of Il
United States on the application of the !egi
: latures Of two-thirds of the states. 1t do
e not contain the prohibitions against amen,
ment as to the slave trade, direct taxes ,and Il
q equal suffrage of the states in the senate.
J. There is no provision Ms to the nation
= debt.
d From this survey it will be seen that Il
differences are not numerous, and but few
II them very important. The most interestil
, are, the limiting OF money bills to the low
- house, the trial of impeachments by Il
II courts, the payment of legislators by the
'e states, making treason against state treas'
y disputes between the states as to jurisdict
> aud territory by the senate, no vIce-pre:
- dent, seven years and 10 reelection OF t
4 president, his election by the legislature
the United States, and the absence OF pr
er hbition against denying equal state suffra
le in the senate.
III Ii is OF interest also to observe Il few fa,
= as to the pEra>eology of these two prelimir
u ry drafts. Pinckney was national" in
IL convention; SO spoke and so voted. He offer
vs. his draft to the convention on the same d
Ut that Gov. Randolph introduced his resol
TO tiOns, and stated that it was grounded on I
ld same principle that they were. Yet IN u
draft the word national is found but one
'h where he gives power to establish 'natior
te unire, Sity." The word congress" occurs
40 his draft four times; while in the COMMITTEE
st draft the word national" is not found ut
he ferring to the present body. The ordns
nj phrase in both drafts for the legislative bo
Oh is ''The legislature Of the United State
u This expression was dropped IN the final
n- vision. and Congress substituted for
20 These statements show that there Is no s
Oh ni;icance in the fact that the word "nationl
on was no change Iii this respect from the origil
'le draft. LATMAS
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