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CCCCIII.

John Dickinson: Extract of letter.1

In the Convention at Philadelphia in 1787,* I proposed the establishment of that Branch,‡ with an equal Representation therein of every State — assenting, in Consideration of such a provision to the Establishment of the other Branch, on another Principle.

Letter of my Father.

S. N. Dickinson.

APPENDIX B

THE DELEGATES TO THE FEDERAL CONVENTION, THEIR CREDENTIALS, AND ATTENDANCE.

LIST OF DELEGATES.1

1aPhiladelphia newspapers of May 19, 1787, in their lists of delegates included the names of John Sparhawk and Pierce Long from New Hampshire.
2“There was a passage at arms between the Rev. John Blair Smith, president of Hampden-Sydney College in Prince Edward county, and Patrick Henry, who represented that county in the Convention. Henry had inveighed with great severity against the Constitution, and was responded to by Dr. Smith, who pressed the question upon Henry, why he had not taken his seat in the Convention and lent his aid in making a good Constitution, instead of staying at home and abusing the work of his patriotic compeers? Henry, with that magical power of acting in which he excelled all his contemporaries, and which before a popular assembly was irresistible, replied: ‘I smelt a Rat.’ ” (H. B. Grigsby, History of the Virginia Federal Convention of 1788, I, 32.)
NEW HAMPSHIRE	John Langdon
	(John Pickering)
	Nicholas Gilman
	(Benjamin West)1a
MASSACHUSETTS	(Francis Dana)
	Elbridge Gerry
	Nathaniel Gorham
	Rufus King
	Caleb Strong
RHODE ISLAND	No appointment
CONNECTICUT	William Samuel Johnson
	Roger Sherman
	Oliver Ellsworth
	[Erastus Wolcott was elected but declined to serve.]
NEW YORK	Robert Yates
	Alexander Hamilton
	John Lansing, Junior
NEW JERSEY	David Brearley
	William Churchill Houston
	William Paterson
	(John Neilson)
	William Livingston
	(Abraham Clark)
	Jonathan Dayton
PENNSYLVANIA	Thomas Mifflin
	Robert Morris
	George Clymer
	Jared Ingersoll
	Thomas Fitzsimons
	James Wilson
	Gouverneur Morris
	Benjamin Franklin
DELAWARE	George Read
	Gunning Bedford, Junior
	John Dickinson
	Richard Bassett
	Jacob Broom
MARYLAND	James McHenry
	Daniel of St. Thomas Jenifer.
	Daniel Carroll
	John Francis Mercer
	Luther Martin
	[Charles Carroll of Carrollton, Gabriel Duvall, Robert Hanson Harrison, Thomas Sim Lee, and Thomas Stone were elected but declined to serve.]
VIRGINIA	George Washington
	Edmund Randolph
	John Blair
	James Madison, Junior
	George Mason
	George Wythe
	James McClurg
	[Patrick Henry,2 Richard Henry Lee, and Thomas Nelson were elected but declined to serve.]
NORTH CAROLINA	Alexander Martin
	William Richardson Davie
	Richard Dobbs Spaight
	William Blount
	Hugh Williamson
	[Richard Caswell and Willie Jones were elected but declined to serve.]
SOUTH CAROLINA	John Rutledge
	Charles Pinckney
	Charles Cotesworth Pinckney
	Pierce Butler
	(Henry Laurens)
GEORGIA	William Few
	Abraham Baldwin
	William Pierce
	(George Walton)
	William Houstoun
	(Nathaniel Pendleton)

CREDENTIALS

[Arranged according to the date of legislative action, — Virginia, New Jersey, Pennsylvania, North Carolina, New Hampshire, Delaware, Georgia, New York, South Carolina, Massachusetts, Connecticut, Maryland.]

VIRGINIA

Virginia

General Assembly begun and held at the Public Buildings in the City of Richmond on Monday the sixteenth day of October in the Year of our Lord one thousand seven hundred and Eighty six

An Act for appointing Deputies from this Commonwealth to a Convention proposed to be held in the City of Philadelphia in May next for the purpose of revising the federal Constitution.

Whereas the Commissioners who assembled at Annapolis on the fourteenth day of September last for the purpose of devising and reporting the means of enabling Congress to provide effectually for the Commercial Interests of the United States have represented the necessity of extending the revision of the fœderal System to all it’s defects and have recommended that Deputies for that purpose be appointed by the several Legislatures to meet in Convention in the City of Philadelphia on the second day of May next a provision which was preferable to a discussion of the subject in Congress where it might be too much interrupted by the ordinary business before them and where it would besides be deprived of the valuable Counsels of sundry Individuals who are disqualified by the Constitution or Laws of particular States or restrained by peculiar circumstances from a Seat in that Assembly: And Whereas the General Assembly of this Commonwealth taking into view the actual situation of the Confederacy as well as reflecting on the alarming representations made from time to time by the United States in Congress particularly in their Act of the fifteenth day of February last can no longer doubt that the Crisis is arrived at which the good People of America are to decide the solemn question whether they will by wise and magnanimous Efforts reap the just fruits of that Independence which they have so gloriously acquired and of that Union which they have cemented with so much of their common Blood, or whether by giving way to unmanly Jealousies and Prejudices or to partial and transitory Interests they will renounce the auspicious blessings prepared for them by the Revolution, and furnish to its Enemies an eventual Triumph over those by whose virtue and valor it has been accomplished: And Whereas the same noble and extended policy and the same fraternal and affectionate Sentiments which originally determined the Citizens of this Commonwealth to unite with their Bretheren of the other States in establishing a Fœderal Government cannot but be Felt with equal force now as motives to lay aside every inferior consideration and to concur in such farther concessions and Provisions as may be necessary to secure the great Objects for which that Government was instituted and to render the United States as happy in peace as they have been glorious in War Be it therefore enacted by the General Assembly of the Commonwealth of Virginia that seven Commissioners be appointed by joint Ballot of both Houses of Assembly who or any three of them are hereby authorized as Deputies from this Commonwealth to meet such Deputies as may be appointed and authorized by other States to assemble in Convention at Philadelphia as above recommended and to join with them in devising and discussing all such Alterations and farther Provisions as may be necessary to render the Fœderal Constitution adequate to the Exigencies of the Union and in reporting such an Act for that purpose to the United States in Congress as when agreed to by them and duly confirmed by the several States will effectually provide for the same. And be it further enacted that in case of the death of any of the said Deputies or of their declining their appointments the Executive are hereby authorized to supply such Vacancies. And the Governor is requested to transmit forthwith a Copy of this Act to the United States in Congress and to the Executives of each of the States in the Union.

	JOHN JONES Speaker of the Senate
Signed	JOSEPH PRENTIS, Speaker of the House of Delegates.

A true Copy from the Inrollment

John Beckley Clk House Dels.

In the House of Delegates

Monday the 4th of December 1786.

The House according to the Order of the Day proceeded by joint Ballot with the Senate to the appointment of Seven Deputies from this Commonwealth to a Convention proposed to be held in the City of Philadelphia in May next for the purpose of revising the Fœderal Constitution, and the Members having prepared Tickets with the names of the Persons to be appointed, and deposited the same in the Ballot-boxes, Mr. Corbin, Mr. Matthews, Mr. David Stuart, Mr. George Nicholas, Mr. Richard Lee, Mr. Wills, Mr. Thomas Smith, Mr. Goodall and Mr. Turberville were nominated a Committee to meet a Committee from the Senate in the Conference-Chamber and jointly with them to examine the Ballot-boxes and report to the House on whom the Majority of Votes should fall. The Committee then withdrew and after some time returned into the House and reported that the Committee had, according to order, met a Committee from the Senate in the Conference-Chamber, and jointly with them examined the Ballot-boxes and found a majority of Votes in favor of George Washington, Patrick Henry, Edmund Randolph, John Blair, James Madison, George Mason and George Wythe Esquires.

Extract from the Journal,

John Beckley Clk House Dels.

Attest John Beckley Clk. H. Dels.

In the House of Senators

Monday the 4th of December 1786.

The Senate according to the Order of the Day proceeded by joint ballot with the House of Delegates to the Appointment of Seven Deputies from this Commonwealth to a Convention proposed to be held in the City of Philadelphia in May next for the purpose of revising the Fœderal Constitution, and the Members having prepared Tickets with the names of the Persons to be appointed, and deposited the same in the Ballot-boxes, Mr. Anderson, Mr. Nelson and Mr Lee were nominated a Committee to meet a Committee from the House of Delegates in the Conference-Chamber and joinly with them to examine the Ballot-boxes and report to the House on whom the Majority of Votes should fall. The Committee then withdrew and after some time returned into the House and reported that the Committee had, according to order, met a Committee from the House of Delegates in the Conference-Chamber, and jointly with them examined the Ballot-boxes and found a Majority of Votes in favor of George Washington, Patrick Henry, Edmund Randolph, John Blair, James Madison George Mason and George Wythe Esquires.

Extract from the Journal

John Beckley Clk. H. Ds.

Attest, H. Brook Clk S.

Virginia to wit

(Seal)

I do Certify and make known, to all whom it may Concern, that John Beckley Esquire, is Clerk of the House of Delegates for this Commonwealth, and the proper Officer for attesting the proceedings of the General Assembly of the said Commonwealth, And that full Faith and Credit ought to be given to all things attested by the said John Beckley Esquire, by Virtue of his Office aforesaid.

Given under my hand as Governor of the Commonwealth of Virginia and under the Seal thereof, at Richmond this fourth day of May, one thousand seven hundred and Eighty seven.

Edm: Randolph.

Virginia to wit

(Seal)

I do hereby Certify, that Patrick Henry, Esquire, one of the seven Commissioners appointed by joint ballot of both Houses of Assembly of the Commonwealth of Virginia, authorized as a Deputy therefrom, to meet such Deputies as might be appointed and authorized by other States to assemble in Philadelphia and to join with them in devising and discussing all such Alterations and further provisions, as might be necessary to render the Fœderal Constitution adequate to the exigencies of the Union; and in reporting such an Act for that purpose to the United States in Congress, as when agreed to by them and duly confirmed by the several States, might effectually provide for the same, did decline his appointment aforesaid; and thereupon in pursuance of an Act of the General Assembly of the said Commonwealth intituled “An Act for appointing Deputies from this Commonwealth to a Convention proposed to be held in the City of Philadelphia in May next, for the purpose of revising the Fœderal Constitution” I do hereby with the advice of the Council of State, supply the said Vacancy by nominating James McClurg, Esquire, a Deputy for the Purposes aforesaid.

Given under my Hand as Governor of the said Commonwealth and under the Seal thereof this second day of May in the Year of our Lord One thousand seven hundred and eighty seven.

Edm: Randolph

NEW JERSEY

The State of New Jersey.

(Seal)

To the Honorable David Brearly, William Churchill Houston, William Patterson and John Neilson Esquires. Greeting.

The Council and Assembly reposing especial trust and confidence in your integrity, prudence and ability, have at a joint meeting appointed you the said David Brearley, William Churchill Houston, William Patterson and John Neilson Esquires, or any three of you, Commissioners to meet such Commissioners, as have been or may be appointed by the other States in the Union, at the City of Philadelphia in the Commonwealth of Pensylvania, on the second Monday in May next for the purpose of taking into Consideration the state of the Union, as to trade and other important objects, and of devising such other Provisions as shall appear to be necessary to render the Constitution of the Federal Government adequate to the exigencies thereof.

In testimony whereof the Great Seal of the State is hereunto affixed. Witness William Livingston Esquire, Governor, Captain General and Commander in Chief in and over the State of New Jersey and Territories thereunto belonging Chancellor and Ordinary in the same, at Trenton the Twenty third day of November in the Year of our Lord One thousand seven hundred and Eighty six and of our Sovereignty and Independence the Eleventh.

Wil: Livingston.

By His Excellency’s Command

Bowes Reed Secy.

The State of New Jersey.

(Seal)

To His Excellency William Livingston and the Honorable Abraham Clark Esquires Greeting.

The Council and Assembly reposing especial trust and Confidence in your integrity, prudence and ability have at a joint Meeting appointed You the said William Livingston and Abraham Clark Esquires, in conjunction with the Honorable David Brearley, William Churchill Houston & William Patterson Esquires, or any three of you, Commissioners to meet such Commissioners as have been appointed by the other States in the Union at the City of Philadelphia in the Commonwealth of Pensylvania on the second Monday of this present month for the purpose of taking into consideration the state of the Union as to trade and other important Objects, and of devising such other Provisions as shall appear to be necessary to render the Constitution of the federal Government adequate to the exigencies thereof.

In Testimony whereof the Great Seal of the State is hereunto affixed. Witness William Livingston Esquire, Governor, Captain General and Commander in Chief in and over the State of New Jersey and Territories thereunto belonging Chancellor and Ordinary in the same at Burlington the Eighteenth day of May in the Year of our Lord One thousand seven hundred and Eighty seven and of our Sovereignty and Independence the Eleventh.

Wil: Livingston

By His Excellency’s Command

Bowes Reed Secy.

The State of New Jersey.

To the Honorable Jonathan Dayton Esquire

The Council and Assembly reposing especial trust and confidence in your integrity, prudence and ability have at a joint Meeting appointed You the said Jonathan Dayton Esquire, in conjunction with His Excellency William Livingston, the Honorable David Brearley, William Churchill Houston, William Patterson and Abraham Clark Esquires, or any three of you, Commissioners to meet such Commissioners as have been appointed by the other States in the Union at the City of Philadelphia in the Commonwealth of Pensylvania, for the purposes of taking into consideration the state of the Union as to trade and other important objects, and of devising such other Provision as shall appear to be necessary to render the Constitution of the federal Government adequate to the exigencies thereof.

In Testimony whereof the Great Seal of the State is hereunto affixed: — Witness Robert Lettis Hooper Esquire, Vice-President, Captain General and Commander in Chief in and over the State of New Jersey and Territories thereunto belonging, Chancellor and Ordinary in the same at Burlington the fifth day of June in the Year of our Lord One thousand seven hundred and Eighty seven and of our Sovereignty and Independence the Eleventh.

Robt L. Hooper.

By his Honor’s Command

Bowes Reed Secy.

PENNSYLVANIA

Pensylvania

An Act appointing Deputies to the Convention intended to be held in the City of Philadelphia for the purpose of revising the fœderal Constitution.

Section 1st Whereas the General Assembly of this Commonwealth taking into their serious Consideration the Representations heretofore made to the Legislatures of the several States in the Union by the United States in Congress Assembled, and also weighing the difficulties under which the Confederated States now labour, are fully convinced of the necessity of revising the federal Constitution for the purpose of making such Alterations and amendments as the exigencies of our Public Affairs require. And Whereas the Legislature of the State of Virginia have already passed an Act of that Commonwealth empowering certain Commissioners to meet at the City of Philadelphia in May next, a Convention of Commissioners or Deputies from the different States; And the Legislature of this State are fully sensible of the important advantages which may be derived to the United States, and every of them from co-operating with the Commonwealth of Virginia, and the other States of the Confederation in the said Design.

Section 2nd Be it enacted, and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pensylvia in General Assembly met, and by the Authority of the same, That Thomas Mifflin, Robert Morris, George Clymer, Jared Ingersoll, Thomas Fitzsimmons, James Wilson and Governeur Morris Esquires, are hereby appointed Deputies from this State to meet in the Convention of the Deputies of the respective States of North America to be held at the City of Philadelphia on the second day of the Month of May next; And the said Thomas Mifflin, Robert Morris, George Clymer, Jared Ingersoll, Thomas Fitzsimmons, James Wilson and Governeur Morris Esquires, or any four of them, are hereby constituted and appointed Deputies from this State, with Powers to meet such Deputies as may be appointed and authorized by the other States, to assemble in the said Convention at the City aforesaid, and to join with them in devising, deliberating on, and discussing, all such alterations and further Provisions, as may be necessary to render the fœderal Constitution fully adequate to the exigencies of the Union, and in reporting such Act or Acts for that purpose to the United States in Congress Assembled, as when agreed to by them and duly confirmed by the several States, will effectually provide for the same.

Section 3d And be it further enacted by the Authority aforesaid, That in case any of the sd Deputies hereby nominated, shall happen to die, or to resign his or their said Appointment or Appointments, the Supreme Executive Council shall be and hereby are empowered and required, to nominate and appoint other Person or Persons in lieu of him or them so deceased, or who has or have so resigned, which Person or Persons, from and after such Nomination and Appointment, shall be and hereby are declared to be vested with the same Powers respectively, as any of the Deputies Nominated and Appointed by this Act, is vested with by the same: Provided Always, that the Council are not hereby authorised, nor shall they make any such Nomination or Appointment, except in Vacation and during the Recess of the General Assembly of this State.

Signed by Order of the House

Seal of the Laws of Pensylvania

Thomas Mifflin Speaker

Enacted into a Law at Philadelphia on Saturday December the thirtieth in the Year of our Lord one thousand seven hundred and Eighty six.

Peter Zachary Lloyd

Clerk of the General Assembly.

I Mathew Irwin Esquire Master of the Rolls for the State of Pensylvania Do Certify the Preceding Writing to be a true Copy (or Exemplification) of a certain Act of Assembly lodged in my Office.

(Seal)

In Witness whereof I have hereunto set my Hand and Seal of Office the 15 May 1787.

Mathw. Irwine
M. R.

(Seal)

A Supplement to the Act entitled “An Act appointing Deputies to the Convention intended to be held in the City of Philadelphia for the purpose of revising the Federal Constitution.

Section 1st Whereas by the Act to which this Act is a Supplement, certain Persons were appointed as Deputies from this State to sit in the said Convention: And Whereas it is the desire of the General Assembly that His Execellency Benjamin Franklin Esquire, President of this State should also sit in the said Convention as a Deputy from this State — therefore

Section 2d Be it enacted and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pensylvania, in General Assembly met, and by the Authority of the same, that His Excellency Benjamin Franklin Esquire, be, and he is hereby, appointed and authorised to sit in the said Convention as a Deputy from this State in addition to the Persons heretofore appointed; And that he be, and he hereby is invested with like Powers and authorities as are invested in the said Deputies or any of them.

Signed by Order of the House

Thomas Mifflin Speaker.

Enacted into a Law at Philadelphia on Wednesday the twenty eighth day of March, in the Year of our Lord one thousand seven hundred & eighty seven.

Peter Zachary Lloyd

Clerk of the General Assembly.

I Mathew Irwine Esquire, Master of the Rolls for the State of Pensylvania Do Certify the above to be a true Copy (or Exemplification) of a Supplement to a certain Act of Assembly which Supplement is lodged in my Office

(Seal)

In Witness whereof I have hereunto set my Hand and Seal of Office the 15 May 1787.

Mathw Irwine
M. R.

NORTH CAROLINA

The State of North Carolina

To the Honorable Alexander Martin Esquire, Greeting.

Whereas our General Assembly, in their late session holden at Fayette-ville, by adjournment, in the Month of January last, did by joint ballot of the Senate and House of Commons, elect Richard Caswell, Alexander Martin, William Richardson Davie, Richard Dobbs Spaight, and Willie Jones, Esquires, Deputies to attend a Convention of Delegates from the several United States of America, proposed to be held at the City of Philadelphia in May next for the purpose of revising the Fœderal Constitution.

We do therefore by these Presents, nominate, Commissionate and appoint you the said Alexander Martin, one of the Deputies for and in our behalf to meet with our other Deputies at Philadelphia on the first day of May next and with them or any two of them to confer with such Deputies as may have been or shall be appointed by the other States, for the purpose aforesaid: To hold, exercise and enjoy the appointment aforesaid, with all Powers, Authorities and Emoluments to the same belonging or in any wise appertaining,4 You conforming, in every instance, to the Act of our said Assembly under which you are appointed.

Witness Richard Caswell Esquire, our Governor, Captain-General and Commander in Chief, under his Hand and our Great Seal at Kinston the 24th day of February in the XI Year of our Independence

Ricd

(Seal)

Caswell.

Ao Di 1787.

By His Excellency’s Command.

Winston Caswell P. Secy

The State of North-Carolina

To the Honorable William Richardson Davie Esquire Greeting.

Whereas our General Assembly in their late session holden at Fayette-ville, by adjournment, in the Month of January last, did by joint-ballot of the Senate and House of Commons, elect Richard Caswell, Alexander Martin, William Richardson Davie, Richard Dobbs Spaight & Willie Jones Esquires, Deputies to attend a Convention of Delegates from the several United States of America proposed to be held in the City of Philadelphia in May next for the purpose of revising the Fœderal Constitution.

We do therefore, by these Presents, nominate Commissionate and appoint you the said William Richardson Davie one of the Deputies for and in our behalf to meet with our other Deputies at Philadelphia on the first day of May next and with them or any two of them to confer with such Deputies as may have been or shall be appointed by the other States for the Purposes aforesaid To hold, exercise and enjoy the said appointment with all Powers authorities and emoluments to the same belonging or in any wise appertaining, You conforming, in every instance, to the Act of our said Assembly under which you are appointed.

Witness Richard Caswell Esquire, our Governor, Captain-General and Commander in Chief under his Hand and our Great Seal at Kinston the 24th day of February in the XI. Year of our Independence, Anno. Dom. 1787:

(Seal.)

Caswell

By His Excellency’s Command

Winston Caswell P. Secy.

The State of North Carolina

To the Honorable Richard Dobbs Spaight Esquire, Greeting.

Whereas our General Assembly in their late session holden at Fayette-ville, by adjournment, in the month of January last, did elect you the said Richard Dobbs Spaight with Richard Caswell, Alexander Martin, William Richardson Davie, and Willie Jones Esquires, Deputies to attend a Convention of Delegates from the several United States of America proposed to be held in the City of Philadelphia in May next, for the purpose of revising the Fœderal Constitution.

We do therefore by these Presents nominate, Commissionate and appoint you the said Richard Dobbs Spaight one of the Deputies for and in behalf of us to meet with our other Deputies at Philadelphia on the first day of May next and with them or any two of them to confer with such Deputies as may have been or shall be appointed by the other States for the purpose aforesaid. To hold, exercise and enjoy the said Appointment with all Powers, Authorities and Emoluments to the same incident and belonging or in any wise appertaining. You conforming in every instance, to the Act of our said Assembly under which you are appointed.

Witness Richard Caswell Esquire, our Governor Captain-General and Commander in Chief under his Hand and our Great Seal at Kinston the 14th day of April in the XIth Year of our Independence Anno. Dom. 1787.

Rd.

(Seal)

Caswell.

By His Excellency’s Command

Winston Caswell P. Secy

State of North-Carolina

His Excellency Richard Caswell Esquire Governor, Captain General and Commander in Chief in and over the State aforesaid.

To all to whom these Presents shall come Greeting.

Whereas by an Act of the General Assembly of the said State passed the sixth day of January last, entitled “An Act for appointing Deputies from this State, to a Convention proposed to be held in the City of Philadelphia in May next, for the purpose of Revising the Fœderal Constitution” among other things it is Enacted “That five Commissioners be appointed by joint-ballot of both Houses of Assembly who, or any three of them, are hereby authorized as Deputies from this State to meet at Philadelphia on the first day of May next, then and there to meet and confer with such Deputies as may be appointed by the other States for similar purposes, and with them to discuss and decide upon the most effectual means to remove the defects of our Fœderal Union, and to procure the enlarged Purposes which it was intended to effect, and that they report such an Act to the General Assembly of this State as when agreed to by them, will effectually provide for the same.” And it is by the said Act, further Enacted, “That in case of the death or resignation of any of the Deputies or of their declining their Appointments, His Excellency the Governor for the Time being, is hereby authorized to supply such Vacancies.” And Whereas, in consequence of the said Act, Richard Caswell, Alexander Martin, William Richardson Davie, Richard Dobbs Spaight and Willie Jones Esquires, were by joint-ballot of the two Houses of Assembly, elected Deputies for the purposes aforesaid: And Whereas the said Richard Caswell hath resigned his said Appointment as one of the Deputies aforesaid.

Now know Ye that I have appointed and by these Presents do appoint the Honorable William Blount Esquire, one of the Deputies to represent this State in the Convention aforesaid, in the room and stead of the aforesaid Richard Caswell, hereby giving and granting to the said William Blount the same Powers, Privileges and Emoluments which the said Richard Caswell would have been vested with or entitled to, had he continued in the Appointment aforesaid.

Given under my Hand and the Great Seal of the State, at Kinston, the 23d day of April Anno Dom 1787. And in the Eleventh Year of American Independence.

Rid.

(Seal)

Caswell.

By His Excellency’s Command

Winston Caswell P. Secy

State of North-Carolina

His Excellency Richard Caswell Esquire, Governor, Captain-General and Commander in Chief, in and over the State aforesaid.

To all to whom these Presents shall come
Greeting.

Whereas by an Act of the General Assembly of the said State, passed the sixth day of January last, entitled “An Act for appointing Deputies from this State, to a Convention proposed to be held in the City of Philadelphia in May next for the purpose of revising the Fœderal Constitution” among other things it is enacted “That five Commissioners be appointed by joint-ballot of both Houses of Assembly, who, or any three of whom, are hereby authorized as Deputies from this State, to meet at Philadelphia on the first day of May next, then and there to meet and confer with such Deputies as may be appointed by the other States for similar purposes and with them to discuss and decide upon the most effectual means to remove the defects of our Fœderal Union, and to procure the enlarged purposes, which it was intended to effect, and that they report such an Act to the General Assembly of this State, as when agreed to by them, will effectually provide for the same.” And it is by the said Act, further enacted “That in case of the death or resignation of any of the Deputies, or their declining their Appointments His Excellency the Governor for the Time being is hereby authorized to supply such Vacancies.”

And Whereas in consequence of the said Act Richard Caswell, Alexander Martin, William Richardson Davie, Richard Dobbs Spaight and Willie Jones Esquires, were by joint-ballot of ye two Houses of Assembly elected Deputies for the purposes aforesaid. And Whereas the said Willie Jones hath declined his Appointment as one of the Deputies aforesaid

Now know Ye that I have appointed and by these Presents do appoint the Honorable Hugh Williamson Esquire, one of the Deputies to represent this State in the Convention aforesaid in the room and stead of the aforesaid Willie Jones, hereby giving and granting to the said Hugh Williamson the same Powers, Privileges and emoluments which the said Willie Jones would have been vested with and entitled to had he acted under the Appointment aforesaid.

Given under my Hand and the Great Seal of the State at Kinston the third day of April Anno Dom. 1787. and in the Eleventh Year of American Independence

Rid

(Seal)

Caswell

By His Excellency’s Command

Dallam Caswell Pro Secretary

NEW HAMPSHIRE

State of New Hampshire }

In the House of Representatives Jany 17th 1787—

Resolved, that any two of the Delegates of this State to the Congress of the United States, be & hereby are appointed and authorized as Deputies from this State, to meet such Deputies as may be appointed & authorized by other States in the Union, to assemble in Convention at Philadelphia on the second day of May next, and to join with them in devising & discussing all such alterations & further provisions as to render the federal Constitution adequate to the Exigencies of the Union & in reporting such an Act to the United States in Congress, as when agreed to by them, & duly confirmed by the several States, will effectually provide for the same, But in case of the Death of any of said Deputies, or their declining their Appointments, the Executive is hereby authorized to supply such vacancies, and the President is requested to transmit forthwith a copy of this Resolve to the United States in Congress and to the Executive of each of the States in the Union. —

Sent up for Concurrence

John Langdon Speaker

In Senate the same day read & concurred with this Amendment that the said Delegates shall proceed to join the Convention aforesaid, in case Congress shall signify to them, that they approve of the Convention, as advantageous to the Union and not an infringement of the Powers granted to Congress by the Confederation.

Jno Sullivan President

In the House of Representatives the same day read & concurred

John Langdon Speaker

A true Copy

Attest Joseph Pearson Secy

State of New Hampshire5

In the Year of our Lord One thousand seven hundred and Eighty seven.

An Act for appointing Deputies from this State to the Convention, proposed to be holden in the City of Philadelphia in May 1787 for the purpose of revising the federal Constitution

Whereas in the formation of the federal Compact, which frames the bond of Union of the American States, it was not possible in the infant state of our Republic to devise a system which in the course of time and experience, would not manifest imperfections that it would be necessary to reform.

And Whereas the limited powers, which by the Articles of Confederation, are vested in the Congress of the United States, have been found far inadequate, to the enlarged purposes which they were intended to produce. And Whereas Congress hath, by repeated and most urgent representations, endeavoured to awaken this, and other States of the Union, to a sense of the truly critical and alarming situation in which they may inevitably be involved, unless timely measures be taken to enlarge the powers of Congress, that they may be thereby enabled to avert the dangers which threaten our existence as a free and independent People. And Whereas this State hath been ever desirous to act upon the liberal system of the general good of the United States, without circumscribing its views, to the narrow and selfish objects of partial convenience; and has been at all times ready to make every concession to the safety and happiness of the whole, which justice and sound policy could vindicate.

Be it therefore enacted, by the Senate and House of Representatives in General Court convened that John Langdon, John Pickering, Nicholas Gilman & Benjamin West Esquires be and hereby are appointed Commissioners, they or any two of them, are hereby authorized, and empowered, as Deputies from this State to meet at Philadelphia said Convention or any other place, to which the Convention may be adjourned, for the purposes aforesaid, there to confer with such Deputies, as are, or may be appointed by the other States for similar purposes; and with them to discuss and decide upon the most effectual means to remedy the defects of our federal Union; and to procure, and secure, the enlarged purposes which it was intended to effect, and to report such an Act, to the United States in Congress, as when agreed to by them, and duly confirmed by the several States, will effectually provide for the same.

State of New Hampshire

In the House of Representatives June 27th 1787.

The foregoing Bill having been read a third time, Voted that it pass to be enacted.

Sent up for Concurrence

John Sparhawk Speaker

In Senate, the same day — This Bill having been read a third time, — Voted that the same be enacted.

Jno Sullivan President.

Copy Examined

Pr Joseph Pearson Secy.

(Seal appendt.)

DELAWARE

Delaware

(Seal)

His Excellency Thomas Collins, Esquire, President, Captain General, and Commander in Chief of the Delaware State; To all to whom these Presents shall come, Greeting. Know Ye, that among the Laws of the said State, passed by the General Assembly of the same, on the third day of February, in the Year of our Lord One thousand seven hundred and Eighty seven, it is thus inrolled.

In the Eleventh Year of the Independence of the Delaware State

An Act appointing Deputies from this State to the Convention proposed to be held in the City of Philadelphia for the Purpose of revising the Federal Constitution.

Whereas the General Assembly of this State are fully convinced of the Necessity of revising the Federal Constitution, and adding thereto such further Provisions, as may render the same more adequate to the Exigencies of the Union; And Whereas the Legislature of Virginia have already passed an Act of that Commonwealth, appointing and authorizing certain Commissioners to meet, at the City of Philadelphia, in May next, a Convention of Commissioners or Deputies from the different States: And this State being willing and desirous of co-operating with the Commonwealth of Virginia, and the other States in the Confederation, in so useful a design.

Be it therefore enacted by the General Assembly of Delaware, that George Read, Gunning Bedford, John Dickinson, Robert Bassett and Jacob Broom, Esquires, are hereby appointed Deputies from this State to meet in the Convention of the Deputies of other States, to be held at the City of Philadelphia on the Second day of May next: And the said George Read, Gunning Bedford, John Dickinson, Richard Bassett and Jacob Broom, Esquires, or any three of them, are hereby constituted and appointed Deputies from this State, with Powers to meet such Deputies as may be appointed and authorized by the other States to assemble in the said Convention at the City aforesaid, and to join with them in devising, deliberating on, and discussing, such Alterations and further Provisions as may be necessary to render the Fœderal Constitution adequate to the Exigencies of the Union; and in reporting such Act or Acts for that purpose to the United States in Congress Assembled, as when agreed to by them, and duly confirmed by the several States, may effectually provide for the same: So always and Provided, that such Alterations or further Provisions, or any of them, do not extend to that part of the Fifth Article of the Confederation of the said States, finally ratified on the first day of March, in the Year One thousand seven hundred and eighty one, which declares that “In determining Questions in the United States in Congress Assembled each State shall have one Vote.”6

And be it enacted, that in Case any of the said Deputies hereby nominated, shall happen to die, or to resign his or their Appointment, the President or Commander in Chief with the Advice of the Privy Council, in the Recess of the General Assembly, is hereby authorized to supply such Vacancies

Passed at Dover,	Signed by Order of the House of Assembly
February 3d. 1787.	JOHN COOK, Speaker
	Signed by Order of the Council
	GEO CRAGHEAD, Speaker.

All and singular which Premises by the Tenor of these Presents, I have caused to be Exemplified. In Testimony whereof I have hereunto subscribed my Name, and caused the Great-Seal of the said State to be affixed to these Presents, at New Castle the Second day of April in the Year of our Lord One thousand seven hundred and eighty seven, and in the Eleventh Year of the Independence of the United States of America

Thos Collins

Attest Ja Booth Secy.

GEORGIA

Georgia

By the Honorable George Mathews Esquire, Captain General, Governor and Commander in Chief, in and over the said State aforesaid.

To all to whom these Presents shall come Greeting.

Know ye that John Milton Esquire, who hath Certified the annexed Copy of an Ordinance intitled “An Ordinance for the appointment of Deputies from this State for the purpose of revising the Fœderal Constitution” — is Secretary of the said State in whose Office the Archives of the same are deposited. Therefore all due faith, Credit and Authority are and ought to be had and given the same.

In Testomony whereof I have hereunto set my hand and caused the Great Seal of the said State to be put and affixed at Augusta, this Twenty fourth day of April in the Year of our Lord One thousand seven hundred and eighty seven and of our Sovereignty and Independence the Eleventh.

Geo:

(Seal)

Mathews

By his Honor’s Command

J. Milton Secy

An Ordinance for the appointment of Deputies from this State for the purpose of revising the Fœderal Constitution.

Be it Ordained by the Representatives of the Freemen of the State of Georgia in General Assembly met and by the Authority of the same, that William Few, Abraham Baldwin, William Pierce, George Walton William Houstoun and Nathaniel Pendleton Esquires, Be, and they are hereby appointed Commissioners, who, or any two or more of them are hereby authorized as Deputies from this State to meet such deputies as may be appointed and authorized by other States to assemble in Convention at Philadelphia and to join with them in devising and discussing all such Alterations and farther Provisions as may be necessary to render the Federal Constitution adequate to the exigencies of the Union, and in reporting such an Act for that purpose to the United States in Congress Assembled as when agreed to by them, and duly confirmed by the several States, will effectually provide for the same. In case of the death of any of the said Deputies, or of their declining their appointments, the Executive are hereby authorized to supply such Vacancies.

By Order of the House

(signed)

Wm Gibbons Speaker.

Augusta the 10 February 1787.

Georgia.
Secretary’s Office

The above is a true Copy from the Original Ordinance deposited in my Office.

Augusta 24 April 1787

J: Milton Secy.

The State of Georgia by the grace of God, free, Sovereign and Independent.

To the Honorable William Pierce Esquire.

Whereas you the said William Pierce, are in and by an Ordinance of the General Assembly of our said State Nominated and Appointed a Deputy to represent the same in a Convention of the United States to be assembled at Philadelphia, for the Purposes of devising and discussing all such Alterations and farther Provisions as may be necessary to render the Fœderal Constitution adequate to the Exigencies of the Union.

You are therefore hereby Commissioned to proceed on the duties required of you in virtue of the said Ordinance

Witness our trusty and well beloved George Mathews Esquire, our Captain General, Governor and Commander in Chief, under his hand and our Great Seal at Augusta this Seventeenth day of April in the Year of our Lord one thousand seven hundred and eighty seven and of our Sovereignty and Independence the Eleventh.

Geo: Mathews

(Seal.)

By His Honor’s Command.

J. Milton. Secy.

The State of Georgia by the grace of God free, Sovereign and Independent.

To the Honorable William Few Esquire.

Whereas you the said William Few, are in and by an Ordinance of the General Assembly of our said State Nominated and appointed a Deputy to represent the same in a Convention of the United States to be assembled at Philadelphia, for the Purposes of devising and discussing all such Alterations and farther Provisions as may be necessary to render the Fœderal Constitution adequate to the Exigencies of the Union.

You are therefore hereby Commissioned to proceed on the duties required of you in virtue of the said Ordinance.

Witness our trusty and well-beloved George Mathews Esquire our Captain-General, Governor and Commander in Chief, under his hand and our Great Seal at Augusta, this seventeenth day of April in the Year of our Lord One thousand seven hundred and eighty Seven, and of our Sovereignty and Independence the Eleventh.

Geo:

(Seal.)

Mathews.

By His Honor’s Command

J. Milton Secy

The State of Georgia by the grace of God, free, Sovereign and Independent.

To the Honorable William Houstoun Esquire

Whereas you the said William Houstoun, are in and by an Ordinance of the General Assembly of our said State nominated and appointed a Deputy to represent the same in a Convention of the United States to be assembled at Philadelphia, for the purposes of devising and discussing all such Alterations and farther Provisions as may be necessary to render the Fœderal Constitution adequate to the Exigencies of the Union.

You are therefore hereby Commissioned to proceed on the Duties required of you in virtue of the said Ordinance.

Witness our trusty and well-beloved George Mathews Esquire, our Captain-General, Governor and Commander in Chief, under his hand and our Great Seal at Augusta, this seventeenth day of April in the Year of our Lord one thousand seven hundred and eighty seven, and of our Sovereignty and Independence the Eleventh.

Geo:

(Seal.)

Mathews

By his Honor’s Command

J. Milton Secy

NEW YORK7

New-York.

(Seal)

By His Excellency George Clinton Esquire Governor of the State of New York General and Commander in Chief of all the Militia and Admiral of the Navy of the same.

To all to whom these Presents shall come

It is by these Presents certified that John McKesson who has subscribed the annexed Copies of Resolutions is Clerk of the Assembly of this State.

In Testimony whereof I have caused the Privy Seal of the said State to be hereunto affixed this Ninth day of May in the Eleventh Year of the Independence of the said State.

Geo: Clinton.

State of New York

In Assembly February 28th 1787.

A Copy of a Resolution of the honorable the Senate, delivered by Mr Williams, was read, and is in the Words following, vizt.

Resolved, if the honorable the Assembly concur herein, that three Delegates be appointed on the part of this State, to meet such Delegates as may be appointed on the part of the other States respectively, on the second Monday in may next, at Philadelphia, for the sole and express purpose of revising the Articles of Confederation, and reporting to Congress, and to the several Legislatures, such alterations and Provisions therein, as shall, when agreed to in Congress, and confirmed by the several States, render the federal Constitution adequate to the Exigencies of Government, and the preservation of the Union; and that in case of such concurrence, the two Houses of the Legislature, will, on Tuesday next, proceed to nominate and appoint the said Delegates, in like manner as is directed by the Constitution of this State, for nominating and appointing Delegates to Congress.

Resolved, that this House do concur with the honorable the Senate, in the said Resolution.

In Assembly March 6th 1787.

Resolved, that the Honorable Robert Yates Esquire, and Alexander Hamilton and John Lansing, Junior Esquires, be, and they are hereby nominated by this House, Delegates on the part of this State, to meet such Delegates as may be appointed on the part of the other States respectively, on the second Monday in May next, at Philadelphia, pursuant to concurrent Resolutions of both Houses of the Legislature, on the 28th Ultimo.

Resolved, that this House will meet the Honorable the Senate, immediately, at such place as they shall appoint, to compare the Lists of Persons nominated by the Senate and Assembly respectively, as Delegates on the part of this State, to meet such Delegates as may be appointed on the part of the other States respectively, on the second Monday in May next, at Philadelphia, pursuant to concurrent Resolutions, of both Houses of the Legislature, on the 28t Ultimo.

Ordered That Mr. N. Smith deliver a Copy of the last preceding Resolution, to the Honorable the Senate.

A Copy of a Resolution of the Honorable the Senate, was delivered by Mr. Vanderbilt, that the Senate will immediately meet this House in the Assembly Chamber, to compare the Lists of Persons nominated by the Senate and Assembly respectively, as Delegates, pursuant to the Resolutions before mentioned.

The Honorable the Senate accordingly attended in the Assembly Chamber, to compare the Lists of Persons nominated for Delegates, as above mentioned.

The list of Persons nominated by the Honorable the Senate, were the Honorable Robert Yates Esquire, and John Lansing Junior, and Alexander Hamilton Esquires; and on comparing the Lists of the Persons nominated by the Senate and Assembly respectively, it appeared that the same Persons were nominated in both Lists. Thereupon, Resolved that the Honorable Robert Yates, John Lansing Junior and Alexander Hamilton Esquires, be, and they are hereby declared duly nominated and appointed Delegates, on the part of this State, to meet such Delegates as may be appointed on the part of the other States respectively, on the second Monday in May next, at Philadelphia, for the sole and express purpose of revising the Articles of Confederation, and reporting to Congress, and to the several Legislatures, such alterations and provisions therein, as shall, when agreed to in Congress, and confirmed by the several States, render the federal Constitution adequate to the exigencies of Government, and the preservation of the Union.

True Extracts from the Journals of the Assembly

John McKesson Clk.

SOUTH CAROLINA

State of South Carolina.

By His Excellency Thomas Pinckney Esquire, Governor and Commander in Chief in and over the State aforesaid.

To the Honorable John Rutledge Esquire
Greeting.

By Virtue of the Power and Authority in me vested by the Legislature of this State in their Act passed the eighth day of March last I do hereby Commission You the said John Rutledge as one of the Deputies appointed from this State to meet such Deputies or Commissioners as may be appointed and authorized by other of the United States to assemble in Convention at the City of Philadelphia in the Month of May next, or as soon thereafter as may be, and to join with such Deputies or Commissioners (they being duly authorized and empowered) in devising and discussing all such Alterations, Clauses, Articles and Provisions, as may be thought necessary to render the Fœderal Constitution entirely adequate to the actual Situation and future good Government of the confederated States, and that you together with the said Deputies or Commissioners or a Majority of them who shall be present (provided the State be not represented by less than two) do join in reporting such an Act, to the United States in Congress Assembled as when approved and agreed to by them, and duly ratified and confirmed by the several States will effectually provide for the Exigencies of the Union.

Given under my hand and the Great Seal of the State in the City of Charleston, this tenth day of April in the Year of our Lord, One thousand seven hundred and eighty seven and of the Sovereignty and Independence of the United States of America the Eleventh.

Thomas

(Seal.)

Pinckney.

By his Excellency’s Command

Peter Freneau Secretary

State of South Carolina

By His Excellency Thomas Pinckney Esquire, Governor and Commander in Chief in and over the State aforesaid.

To the Honorable Charles Pinckney Esquire.
Greeting.

By Virtue of the Power and Authority in me vested by the Legislature of this State in their Act passed the eighth day of March last, I do hereby Commission you the said Charles Pinckney, as one of the Deputies appointed from this State to meet such Deputies or Commissioners as may be appointed and authorized by other of the United States to assemble in Convention at the City of Philadelphia in the Month of May next, or as soon thereafter as may be, and to join with such Deputies or Commissioners (they being duly authorized and empowered) in devising and discussing all such Alterations, Clauses, Articles and Provisions, as may be thought necessary to render the Fœderal Constitution entirely adequate to the actual Situation and future good Government of the confederated States, and that you together with the said Deputies or Commissioners or a Majority of them who shall be present (provided the State be not represented by less than two) do join in reporting such an Act, to the United States in Congress Assembled as when approved and agreed to by them and duly ratified and confirmed by the several States will effectually provide for the Exigencies of the Union.

Given under my hand and the Great Seal of the State in the City of Charleston this Tenth day of April in the Year of our Lord One thousand seven hundred and Eighty Seven and of the Sovereignty and Independence of the United States of America the Eleventh.

Thomas

(Seal.)

Pinckney

By His Excellency’s Command

Peter Freneau Secretary.

State of South-Carolina.

By His Excellency Thomas Pinckney Esquire, Governor and Commander in Chief in and over the State aforesaid.

To the Honorable Charles Cotesworth Pinckney Esquire,
Greeting.

By Virtue of the Power and Authority in me vested by the Legislature of this State in their Act passed the eighth day of March last, I do hereby Commission you the said Charles Cotesworth Pinckney as one of the Deputies appointed from this State to meet such Deputies or Commissioners as may be appointed and authorized by other of the United States to assemble in Convention at the City of Philadelphia in the Month of May next or as soon thereafter as may be, and to join with such Deputies or Commissioners (they being duly authorized and empowered) in devising and discussing all such Alterations, Clauses, Articles and Provisions as may be thought necessary to render the Fœderal Constitution entirely adequate to the actual Situation and future good Government of the Confederated States, and that you together with the said Deputies or Commissioners, or a Majority of them, who shall be present (provided the State be not represented by less than two) do join in reporting such an Act to the United States in Congress Assembled as when approved and agreed to by them and duly ratified and confirmed by the several States will effectually provide for the Exigencies of the Union.

Given under my hand and the Great Seal of the State in the City of Charleston this tenth day of April in the Year of our Lord one thousand seven hundred and eighty seven and of the Sovereignty and Independence of the United States of America the Eleventh.

Thomas

(Seal.)

Pinckney.

By His Excellency’s Command

Peter Freneau Secretary.

State of South Carolina

By His Excellency Thomas Pinckney Esquire, Governor and Commander in Chief in and over the State aforesaid.

To the Honorable Pierce Butler Esquire
Greeting.

By Virtue of the Power and authority in me vested by the Legislature of this State in their Act passed the eighth day of March last, I do hereby Commission you the said Pierce Butler, as one of the Deputies appointed from this State to meet such Deputies or Commissioners as may be appointed and authorized by other of the United States to assemble in Convention at the City of Philadelphia in the Month of May next, or as soon thereafter as may be and to join with with such Deputies or Commissioners (they being duly authorised and empowered) in devising and discussing, all such Alterations, Clauses, Articles and Provisions as may be thought necessary to render the Fœderal Constitution entirely adequate to the actual Situation and future good government of the confederated States, and that you together with the said Deputies or Commissioners or a Majority of them who shall be present (provided the State be not represented by less than two) do join in reporting such an Act, to the United States in Congress Assembled as when approved and agreed to by them and duly ratified and confirmed by the several States will effectually provide for the Exigencies of the Union.

Given under my hand and the Great Seal of the State in the City of Charleston this Tenth day of April in the Year of our Lord one thousand seven hundred and Eighty seven, and of the Sovereignty and Independence of the United States of America the Eleventh.

Thomas

(Seal.)

Pinckney.

By His Excellency’s Command

Peter Freneau Secretary.

MASSACHUSETTS

Commonwealth of Massachusetts.

(Seal Appendt.)

By His Excellency James Bowdoin Esquire Governor of the Commonwealth of Massachusetts.

To the Honorable Francis Dana, Elbridge Gerry, Nathaniel Gorham, Rufus King and Caleb Strong Esquires. Greeting.

Whereas Congress did on the twenty first day of February Ao Di 1787, Resolve “that in the opinion of Congress it is expedient that on the second Monday in May next a Convention of Delegates who shall have been appointed by the several States to be held at Philadelphia for the sole and express purpose of revising the Articles of Confederation and reporting to Congress and the several Legislatures, such alterations and provisions therein as shall when agreed to in Congress, and confirmed by the States render the federal Constitution adequate to the exigencies of government and the preservation of the Union.” And Whereas the General Court have constituted and appointed you their Delegates to attend and represent this Commonwealth in the said proposed Convention; and have by a Resolution of theirs of the tenth of March last, requested me to Commission you for that purpose.

Now therefore Know Ye, that in pursuance of the resolutions aforesaid, I do by these presents, commission you the said Francis Dana, Elbridge Gerry Nathaniel Gorham, Rufus King & Caleb Strong Esquires or any three of you to meet such Delegates as may be appointed by the other or any of the other States in the Union to meet in Convention at Philadelphia at the time and for the purposes aforesaid.

In Testimony whereof I have caused the Public Seal of the Commonwealth aforesaid to be hereunto affixed.

Given at the Council Chamber in Boston the Ninth day of April Ao Dom. 1787 and in the Eleventh Year of the Independence of the United States of America.

James Bowdoin.

By His Excellency’s Command

John Avery Junr., Secretary

CONNECTICUT

State of Connecticut.

(Seal.)

At a General Assembly of the State of Connecticut in America, holden at Hartford on the second Thursday of May, Anno Domini 1787.

An Act for appointing Delegates to meet in a Convention of the States to be held at the City of Philadelphia on the second Monday of May instant.

Whereas the Congress of the United States by their Act of the twenty first of February 1787 have recommended that on the second Monday of May instant, a Convention of Delegates, who shall have been appointed by the several States, be held at Philadelphia for the sole and express purpose of revising the Articles of Confederation.

Be it enacted by the Governor, Council and Representatives in General Court Assembled and by the Authority of the same.

That the Honorable William Samuel Johnson, Roger Sherman, and Oliver Ellsworth Esquires, be and they hereby are appointed Delegates to attend the said Convention, and are requested to proceed to the City of Philadelphia for that purpose without delay; And the said Delegates, and in case of sickness or accident, such one or more of them as shall actually attend the said Convention, is and are hereby authorized and empowered to Represent this State therein, and to confer with such Delegates appointed by the several States, for the purposes mentioned in the said Act of Congress that may be present and duly empowered to act in said Convention, and to discuss upon such Alterations and Provisions agreeable to the general principles of Republican Government as they shall think proper to render the federal Constitution adequate to the exigencies of Government and, the preservation of the Union; And they are further directed, pursuant to the said Act of Congress to report such alterations and provisions as may be agreed to by a majority of the United States represented in Convention to the Congress of the United States, and to the General Assembly of this State.

A true Copy of Record

Examd

By George Wyllys Secy.

MARYLAND

Maryland.

An Act for the Appointment of, and conferring Powers in Deputies from this State to the fœderal Convention.

Be it enacted by the General Assembly of Maryland, That the Honorable James McHenry, Daniel of Saint Thomas Jenifer, Daniel Carroll, John Francis Mercer and Luther Martin Esquires, be appointed and authorised on behalf of this State, to meet such Deputies as may be appointed and authorised by any other of the United States to assemble in Convention at Philadelphia for the purpose of revising the Fœderal System, and to join with them in considering such Alterations and further Provisions as may be necessary to render the Fœderal Constitution adequate to the Exigencies of the Union and in reporting such an Act for that purpose to the United States in Congress Assembled as when agreed to by them, and duly confirmed by the several States will effectually provide for the same, and the said Deputies or such of them as shall attend the said Convention shall have full Power to represent this State for the Purposes aforesaid, and the said Deputies are hereby directed to report the Proceedings of the said Convention, and any Act agreed to therein, to the next session of the General Assembly of this State.

1The delegates had been previously elected by the legislature, April 23-May 22. “The assembly had voted to pay the delegates as delegates in congress were paid.” (Steiner, Life and Correspondence of James McHenry, 98 note 1.)
By the Senate May 26. 1787.1	By the House of Delegates May 26d 1787.
Read and Assented to	Read and Assented to
By Order J. Dorsey Clk.	By Order Wm Harwood Clk.
True Copy from the Original	True Copy from the Original
J. DORSEY Clk. Senate.	WM HARWOOD Clk Ho Del.

W. Smallwood.

ATTENDANCE OF DELEGATES.

The following list of delegates to the Federal Convention, with the available data of their attendance, has been compiled from the Records.2 The sources of information are so readily found that references have been omitted, but in a footnote attached to each name have been given references to those items in the Records which may throw some light upon the character of the delegate in question, or upon the part taken by him in the Convention.1 The names of those who signed the Constitution are prefixed with numbers.

1. Baldwin, Abraham,2 of Georgia. Attended on June 11, and probably regularly thereafter.
2. Bassett, Richard,3 of Delaware. Attended as early as May 21.
3. Bedford, Gunning,3 of Delaware. First attendance, May 28.
4. Blair, John,3 of Virginia. Attended as early as May 15.
5. Blount, William,3 of North Carolina. Attended June 20—July 2; August 7 and thereafter. He was present in Congress in New York, July 4—August 3.
6. Brearley, David,4 of New Jersey. Attended as early as May 25.
7. Broom, Jacob, of Delaware. Attended as early as May 21.
8. Butler, Pierce,3 of South Carolina. Attended as early as May 25.
9. Carroll, Daniel,3 of Maryland. First attended on July 9.
10. Clymer, George, of Pennsylvania. Attended May 28, but probably before, although absent on May 25.Davie, William Richardson, of North Carolina. Attended on May 22 or May 23; left on August 13. Approved the Constitution.
11. Dayton, Jonathan,5 of New Jersey. Appointed, June 5; first attended on June 21.
12. Dickinson, John,2 of Delaware. Attended on May 29. His remarks on July 25 imply previous absence. Absent on September 15. Read signed Dickinson’s name to the Constitution.Ellsworth, Oliver,6 of Connecticut. First attended on May 28. Was present in Convention August 23. Was in New Haven August 27. Approved the Constitution.
13. Few, William,2 of Georgia. Attended as early as May 19. Present in Congress in New York July 4—August 3. Probably returned to Convention after August 6.
14. Fitzsimons, Thomas,1 of Pennsylvania. Attended on May 25, and probably earlier.
15. Franklin, Benjamin,2 of Pennsylvania. Attended on May 28, and probably earlier, although absent on May 25.Gerry, Elbridge,3 of Massachusetts. First attended on May 29. Absent on August 6. Refused to sign Constitution.
16. Gilman, Nicholas,4 of New Hampshire. Appointed June 27; first attended on July 23.
17. Gorham, Nathaniel,1 of Massachusetts. Attended on May 28.
18. Hamilton, Alexander,5 of New York. Attended on May 18; left Convention June 29; was in New York after July 2; appears to have been in Philadelphia on July 13; attended Convention August 13; was in New York August 20—September 2.Houston, William Churchill,6 of New Jersey. Attended as early as May 25; was absent on June 6.Houstoun, William,1 of Georgia. Attended first on June 1, and probably thereafter until July 23. He probably left on July 26 or after Few’s return.
19. Ingersoll, Jared,1 of Pennsylvania. Attended on May 28, and probably earlier, although absent on May 25.
20. Jenifer, Daniel of St. Thomas,1 of Maryland. Commissioned on May 26; first attended on June 2.
21. Johnson, William Samuel,7 of Connecticut. Attended on June 2, and thereafter.
22. King, Rufus,1 of Massachusetts. Attended as early as May 21.
23. Langdon, John,4 of New Hampshire. Appointed June 27; first attended on July 23.Lansing, John,8 of New York. First attended on June 2, though he may have been present before May 25; left on July 10. Opposed to the Constitution.
24. Livingston, William,9 of New Jersey. First attended on June 5; absent on June 28, and July 3-19.McClurg, James,1 of Virginia. Attended as early as May 15; was present July 20; and absent after August 5. Favored the Constitution.
25. McHenry, James,2 of Maryland. Commissioned May 26; attended May 28-31; left on June 1; present August 6 and thereafter.
26. Madison, James, Jr.,3 of Virginia. Attended on May 14 and thereafter.Martin, Alexander,2 of North Carolina. Attended as early as May 25; left in the latter part of August.Martin, Luther,4 of Maryland. Commissioned May 26; first attended June 9; absent August 7-12; left Convention September 4. Opposed to the Constitution.Mason, George,5 of Virginia. Attended on May 17 and thereafter. Refused to sign the Constitution.Mercer, John Francis, of Maryland. First attended August 6; last recorded attendance August 17. Opposed to the Constitution.
27. Mifflin, Thomas,6 of Pennsylvania. Attended on May 28, and probably before, although absent on May 25.
28. Morris, Gouverneur,7 of Pennsylvania. Attended on May 25, and probably before; he left the Convention a few days after and was absent until July 2.
29. Morris, Robert,6 of Pennsylvania. Attended May 25, and probably before.
30. Paterson, William,8 of New Jersey. Attended as early as May 25, and thereafter until July 23. There is no evidence of his attendance after that date. August 21, Brearley wrote urging him to return. He probably returned to sign the Constitution.Pierce, William,2 of Georgia. Attended May 31; absent after July 1. He favored the Constitution.
31. Pinckney, Charles,9 of South Carolina. Attended May 17 and thereafter.
32. Pinckney, Charles Cotesworth,2 of South Carolina. Attended at least as early as May 25, and thereafter.Randolph, Edmund,1 of Virginia. Attended May 15 and thereafter. He refused to sign the Constitution.
33. Read, George,2 of Delaware. Attended at least as early as May 19.
34. Rutledge, John,1 of South Carolina. Attended on May 17, and thereafter.
35. Sherman, Roger,3 of Connecticut. Appointed May 17; attended May 30 and thereafter.
36. Spaight, Richard Dobbs,2 of North Carolina. Attended as early as May 19, and thereafter.Strong, Caleb,2 of Massachusetts. Attended on May 28; was present on August 15, but left before August 27. He favored the Constitution.
37. Washington, George,4 of Virginia. Attended on May 14 and thereafter.
38. Williamson, Hugh,5 of North Carolina. Attended as early as May 25, and thereafter.
39. Wilson, James,1 of Pennsylvania. Attended as early as May 25 (probably before) and thereafter.Wythe, George,2 of Virginia. Attended as early as May 15; left Convention June 4; resigned June 16. He approved the Constitution.Yates, Robert,6 of New York. Attended May 18; left Convention July 10. Opposed to the Constitution.

PLANS OF GOVERNMENT SUBMITTED TO THE CONVENTION

APPENDIX C

THE VIRGINIA PLAN OR RANDOLPH RESOLUTIONS.

As their state had taken the lead in calling the Federal Convention, the Virginia delegates felt a sense of responsibility. They accordingly prepared an outline of a new government, which was presented on May 29 in the form of a series of resolutions by Randolph, the governor of the state.1 These resolutions, commonly known as the Randolph Resolutions, but more properly designated as the Virginia Plan, became the basis of the work of the Convention and, expanded and developed, eventually grew into the Constitution as adopted.

In the later stages of the proceedings of the Convention the delegates were provided with printed copies of the more important documents, but in the earlier stages the delegates were forced to make their own copies. As the importance of the Virginia Plan was early recognized and was the subject of discussion for two weeks in a committee of the whole house, not a few of the delegates made copies of this plan, of which several are still in existence, — e.g., Madison’s, Washington’s, Brearley’s, McHenry’s et al. The original document is missing,2 and the various copies differ among themselves. There are inevitable slight variations in wording, spelling, and punctuation, but the most significant differences are found in the sixth and ninth resolutions.

The sixth resolution reads: “That the National Legislature ought to be empowered . . . to negative all laws passed by the several states, contravening in the opinion of the National Legislature the articles of Union”, and at this point some of the texts add “or any treaty subsisting under the authority of the Union”. The records show clearly that this additional clause was not in the original, as it was inserted on the motion of Franklin, May 31.3 Madison’s copy gives the correct reading.

In Madison’s copy the ninth resolution reads:

“9. Resd. 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, . . . that the jurisdiction of the inferior tribunals shall be to hear & determine in the first instance, and of the supreme tribunal to hear and determine in the dernier resort, all piracies & felonies on the high seas, captures from an enemy;” etc. The other texts vary in the reading of the second, third, and fourth clauses, either by omitting them altogether, or by modifying or omitting one or more of them. Mr. Jameson argues that the specification of supreme and inferior tribunals could not have been in the original document because it was voted, on June 4, “to add these words to the first clause of the ninth resolution, namely: ‘To consist of one supreme tribunal, and of one or more inferior tribunals.’ ” In support of this he cites the authority of both the Journal and Madison’s notes.1 By referring to the Records of that date, however, it will be seen that Madison’s entry was copied from Journal and this evidence, therefore, rests upon the somewhat doubtful authority of the Journal alone. In the next place, it will be noticed that the wording of June 4 is slightly different from that of the original resolution (as reported by Madison), and so the phrase “to add” might well be used instead of “to accept” or “to agree to”. And finally, the texts that in other respects prove to be the most accurate — Madison’s, Washington’s, McHenry’s — all agree in the wording of this resolution.

The same reasoning applies to the latter part of the resolution respecting the jurisdiction of the inferior and superior tribunals, which Mr. Jameson argues is corrupted in the Madison copy.

In the editor’s judgment, then, the Madison text of the Virginia Plan or Randolph Resolutions as given in the Records (May 29) is an accurate copy of the original.

APPENDIX D

THE PINCKNEY PLAN

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

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

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

Adams accepted this statement and printed the following document: —

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

Article 1:

The Stile of This Government shall be The United States of America & The Government shall consist of supreme legislative Executive and judicial Powers—

2

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

3

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

4

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

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

The House of Delegates shall number these Classes one two & three & fix the times of their service by Lot — the first Class shall serve for NA Years — the second for NA Years & the third for

Years — as their Times of service expire the House of Delegates shall fill them up by Elections for NA Years & they shall fill all Vacancies that arise from death or resignation for the Time of service remaining of the members so dying or resigning —

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

The Senate shall choose it’s own Officers

5

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

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

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

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

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

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

6

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

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

To borrow money & emit bills of Credit

To establish Post Offices

To raise armies

To build & equip Fleets

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

To subdue a rebellion in any state on application of its legislature To coin money & regulate the Value of all coins & fix the Standard of Weights & measures

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

To appoint a Treasurer by ballott

To constitute Tribunals inferior to the Supreme Court

To establish Post & military Roads

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

To establish uniform rules of Naturalization

To provide for the establishment of a Seat of Government for the United States not exceeding NA miles square in which they shall have exclusive jurisdiction

To make rules concerning Captures from an Enemy

To declare the law & Punishment of piracies & felonies at sea & of } counterfieting Coin & of all offences against the Laws of Nations

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

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

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

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

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

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

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

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

7

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

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

8

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

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

9

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

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

10

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

11

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

12

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

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

13

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

14

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

15

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

16

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

The Ratifications of the Conventions of NA States shall be sufficient for organizing this Constitution — —1

Only a few of the members of the Convention were still living when the Journal was published in 1819, but two of those, King and Madison, expressed privately their conviction that the document printed in the Journal was not the same as that originally presented by Pinckney in 1787.1 Madison also prepared a somewhat elaborate criticism to be appended to the document, which he evidently intended to include in his Debates.2

It does not seem necessary in this connection to do anything more than point out the lines of evidence followed in disproving the document in question. In the first place, the writing, the ink, and the paper of the document are the same as the letter accompanying it — the paper bearing the watermark of 1797 — so that it cannot be the original, but was probably copied or prepared in 1818. In the second place, its provisions, in several important particulars, are directly at variance with Pinckney’s opinions as expressed in the Convention. In the next place, the document embodies several provisions that were only reached after weeks of bitter disputes — compromises and details, that it was impossible for any human being to have forecast accurately. And finally, shortly after the Convention was over, Pinckney printed for private circulation a pamphlet entitled “Observations on the Plan of Government submitted to the Federal Convention, by Mr. Charles Pinckney”, etc.,3 which seems to have been a speech prepared in advance to be delivered in presenting his plan to the Convention,4 but which never was delivered, owing probably to lack of time. This speech outlines the principal features of the plan which differ radically from the provisions of the document sent to John Quincy Adams.

The problem then presents itself to determine as accurately as possible what Pinckney’s original plan was. In 1786, Pinckney was a delegate to the Continental Congress and obtained the appointment of a grand committee, of which he became a member, to recommend amendments to the Articles of Confederation. He was the chairman of a sub-committee of three that drew up a report, which was accepted by the grand committee, and which proposed seven important changes or new articles to the original Articles of Confederation. George Bancroft in his History of the Constitution, remarks that “these amended resolutions may well be taken as representing the intentions of Charles Pinckney at that time”.5 Here, at least, is a starting-point, and as one proceeds in this investigation he becomes more and more convinced that Pinckney’s working motive in his original proposals in the Federal Convention was a reform of the Articles of Confederation.1 These amendments, therefore, which he endorsed in 1786 and probably originated, are not merely a starting-point, they show somewhat of the character of the Pinckney Plan.

In the debates of the Federal Convention itself, during the discussion of the Randolph Resolutions in the Committee of the Whole — that is, during approximately the first two weeks of the Convention’s work — Pinckney’s attitude upon the various questions may be taken as fairly representing his original ideas, especially when his position was opposed to that of the leaders or to the general sentiment of the Convention. His later attitude was undoubtedly modified by the development of proceedings and can only be used with caution, although some suggestions may be obtained therefrom.2

While the delegates were gathering in Philadelphia and were waiting for a sufficient number to commence proceedings, George Read, of Delaware, wrote to his colleague Dickinson that he was “in possession of a copied draft of a federal system intended to be proposed,” and he outlined a few of the conspicuous features. These do not at all correspond to the features of the Virginia Plan, but they do tally exactly with certain characteristics of the Pinckney Plan that have been obtained from the study of the debates. There can be no doubt that it is the latter plan that is here described, especially as we have on other authority that Pinckney prepared his plan in advance of his going to Philadelphia.3 From this letter of Read’s we get a few additional particulars, and the helpful suggestion that “some of its principal features are taken from the New York system of government.”4

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

And there is also the draft sent to John Quincy Adams in 1818. In the light of the documents already noticed, it is established beyond all doubt that this draft does not represent “Pinckney’s original plan with some additions and modifications.” It does not even have Pinckney’s original plan as its basis. Not only does it radically differ from the original plan in several essential matters, it is constructed on an entirely different framework. Indeed, when one notes its striking resemblance to the draft reported by the Committee of Detail on August 6, it is difficult not to agree with Mr. Jameson’s conclusion that if Pinckney had copied “the printed report of the Committee of Detail, paraphrasing to a small extent here and there, and interweaving as he went along some of the best remembered features of his own plan,” the results would have been precisely like the document that was sent to John Quincy Adams.1 There is no proof, however, it is only a possible hypothesis, that in the points of difference from the draft of the Committee of Detail the document sent to Adams reproduces portions of the original plan. The most that can be said is, that when other evidence confirms the inclusion of such provisions, a possible reading of those clauses may here be found.

Following the same line of argument, although ignoring the amendments to the Articles of Confederation and treating the Observations with “considerable skepticism,” Mr. Jameson was able to establish the main points of Pinckney’s original plan. By a piece of brilliant criticism Mr. Jameson was thus enabled to identify a document among the Wilson drafts of the Committee of Detail as a series of extracts from the Pinckney Plan,2 and Mr. McLaughlin was able to identify another document among the same papers as an outline of the entire plan.3

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

[1 ]This scrap of MS. in the handwriting of John Dickinson, with footnotes in the handwriting of his daughter, Sarah Norris Dickinson, is in the possession of Mr. William Redwood Wright of Philadelphia. It was furnished to the editor through the kindness of Mr. Albert Cook Myers.

While this volume is in press, the ninth and last volume of Gaillard Hunt’s Writings of James Madison has appeared with three items which the editor would gladly have incorporated in the present work. The omission is of little real consequence, however, as the substance of all of these items is embodied in other letters of Madison included in this appendix. The significant portion of one item, a matter of punctuation, has been inserted in a foot-note to CCCLXXII.

[* ]For the formation of the Federal Constitution.

[‡ ]The Senate.

[1 ]Those whose names are in parentheses did not attend. An alphabetical list of the delegates with the dates of attendance, etc., will be found at the end of this appendix.

[4 ]“The Assembly have directed the same allowance to be made the Deputies as is granted to the Delegates to Congress to be paid by the Governor’s Warrant on the Collectors of Imports out of the monies now due for Goods Imported.” (Governor Caswell to each Delegate, January 7, 1787, North Carolina State Records, XX, 600.)

[5 ]No action was taken under the previous resolution, and a further act became necessary.

“The representations of this State, even at that late day, were secured only by urgent efforts from abroad and extraordinary efforts at home. The finances of the State were in a deplorable condition and it is impossible to realize at the present time what the undertaking was to provide cash for any considerable public enterprise. It was currently reported in the newspapers of the day that the expenses of Mr. Gillman and himself were defrayed out of Mr. Langdon’s private purse.” New Hampshire State Papers, XX, 842, citing 2 New Hampshire Historical Society Proceedings, 28.

[6 ]George Read to John Dickinson.a

New Castle, January 17th, 1787.

Dear Sir, —

Finding that Virginia hath again taken the lead in the proposed convention at Philadelphia in May, as recommended in our report when at Annapolis, as by an act of their Assembly, passed the 22d of November last, and inserted in Dunlap’s paper of the 15th of last month, it occurred to me, as a prudent measure on the part of our State, that its Legislature should, in the act of appointment, so far restrain the powers of the commissioners, whom they shall name on this service, as that they may not extend to any alteration in that part of the fifth article of the present Confederation, which gives each State one vote in determining questions in Congress, and the latter part of the thirteenth article, as to future alterations, — that is, that such clause shall be preserved or inserted, for the like purpose, in any revision that shall be made and agreed to in the proposed convention. I conceive our existence as a State will depend upon our preserving such rights, for I consider the acts of Congress hitherto, as to the ungranted lands in most of the larger States, as sacrificing the just claims of the smaller and bounded States to a proportional share therein, for the purpose of discharging the national debt incurred during the war; and such is my jealousy of most of the larger States, that I would trust nothing to their candor, generosity, or ideas of public justice in behalf of this State, from what has heretofore happened, and which, I presume, hath not escaped your notice. But as I am generally distrustful of my own judgment, and particularly in public matters of consequence, I wish your consideration of the prudence or propriety of the Legislature’s adopting such a measure, and more particularly for that I do suppose you will be one of its commissioners. Persuaded I am, from what I have seen occasionally in the public prints and heard in private conversations, that the voice of the States will be one of the subjects of revision, and in a meeting where there will be so great an interested majority, I suspect the argument or oratory of the smaller State commisioners will avail little. In such circumstances I conceive it will relieve the commissioners of the State from disagreeable argumentation, as well as prevent the downfall of the State, which would at once become a cypher in the union, and have no chance of an accession of district, or even citizens; for, as we presently stand, our quota is increased upon us, in the requisition of this year, more than thirteen-eightieths since 1775, without any other reason that I can suggest than a promptness in the Legislature of this State to comply with all the Congress requisitions from time to time. This increase alone, without addition, would in the course of a few years banish many of its citizens and impoverish the remainder; therefore, clear I am that every guard that can be devised for this State’s protection against future encroachment should be preserved or made. I wish your opinion on the subject as soon as convenient.

[7 ]Before New York took action, Congress formally authorized the convention in Philadelphia. As subsequent credentials were to some extent influenced by the Resolution of Congress, it seems best to insert it here, although it is given in Appendix A, I.

By The United States in Congress Assembled

February 21st 1787.

Whereas there is provision in the Articles of Confederation and perpetual Union, for making alterations therein, by the assent of a Congress of the United States, and of the legislatures of the several States; and whereas experience hath evinced, that there are defects in the present confederation, as a mean to remedy which, several of the States, and particularly the State of New-York, by express instructions to their Delegates in Congress, have suggested a Convention for the purposes expressed in the following Resolution; and such Convention appearing to be the most probable means of establishing in these States a firm national Government.

Resolved, That in the opinion of Congress, it is expedient, that on the second Monday in May next, a Convention of Delegates, who shall have been appointed by the several States, be held at Philadelphia, for the sole and express purpose of revising the Articles of Confederation, and reporting to Congress and the several Legislatures, such alterations and provisions therein, as shall, when agreed to in Congress, and confirmed by the States, render the federal Constitution adequate to the exigencies of Government, and the preservation of the Union.

[2 ]Although the number of delegates who were at any time present in Philadelphia amounts to fifty-five, the average attendance at the sessions was decidedly smaller. The editor estimates the average attendance at forty or less. In his History of the Virginia Federal Convention of 1788 (Vol. I, p. 34) H. B. Grigsby states that that body consisted of one hundred and seventy members. He adds: “It was more than four times greater than the Convention which formed the Federal Constitution when that body was full, and it exceeded it, as it ordinarily was, more than six times.”

[1 ]The following items deal with the delegates in general rather than with individuals: Appendix A, III, XXXII, XXXIV, XXXVII, XL, XLVIII, XLIX, LIX, LXXVI, XCVIII, CXIX, CCXXXIII, CCXLIII, CCCCI.

[2 ]Appendix A, CXIX, CLIX.

[3 ]Appendix A, CXIX.

[4 ]Appendix A, CXIX, CCCLXXVII.

[5 ]Appendix A, CXIX, CLIX, CCCLXXVI.

[6 ]Appendix A, CXIX, CLIX, CCCXCIX.

[1 ]Appendix A, CXIX.

[2 ]Records of September 17 (McHenry’s note), and Appendix A, XXXIV,CXIX, CLVIII (8), CLIX, CCCLXXX.

[3 ]Appendix A, CXIX, CXXVIII, CLVII, CLVIII (16), CLIX, CCCLXXXIX.

[4 ]Appendix A, CXIX, CLIX.

[5 ]Appendix A, CXIX, CLIX, CCCXIII, CCCXXV, CCCLXVII.

[6 ]Appendix A, CCCLXXVI.

[7 ]Appendix A, CCCCII.

[4 ]Appendix A, CXIX, CLIX.

[8 ]Appendix A, CXIX, CCCXXXIX, CCCXCII.

[9 ]Appendix A, CXIX, CLIX, CCCLXXVI.

[1 ]Records of July 17 (Madison’s note) and Appendix A, CXIX.

[2 ]Appendix A, CXIX.

[3 ]Appendix A, CXIX, CLIX, CCCXXV.

[4 ]Appendix A, CXIX, CLIX, CLXXXIX, CCCLXXVII, CCCXCII.

[5 ]Appendix A, CXIX, CXXXVII, CLI, CLVII, CLVIII (16), CXCIV, CCCXVII.

[6 ]Appendix A, CXIX, CLIX.

[7 ]Appendix A, CXVII, CXIX, CLIX, CCCLXXVIII, CCCLXXIX, CCCXCV.

[8 ]Appendix A, CXIX, CCCLXXVI.

[9 ]Appendix A, CXIX, CXXXV, CCCLXXXIII.

[2 ]Appendix A, CXIX.

[1 ]Appendix A, CXIX, CLIX.

[3 ]Appendix A, XXXV, CXIX.

[4 ]Appendix A, XVII, CXIX, CLVIII (8), CCLXXXV, CCXCIII, CCCLIX.

[5 ]Appendix A, CLIX.

[6 ]Appendix A, CXIX, CCCXXXIX, CCCLVII, CCCLXV, CCCLXXVII, CCCLXXXVIII, CCCXCII.

[1 ]See Records, May 29, note 8.

[2 ]See Records, May 29, note 3.

[3 ]See Records, May 31.

[1 ]Studies, pp. 105-106.

[1 ]Appendix A, CCCXXVIII.

[2 ]Appendix A, CCCXXVI.

[* ][In margin:]

for New Hampshire.	for Massachusetts	for New York
for Rhode Island —	for Connecticut.	for Delaware
for New Jersey.	for Pennsylvania.	for North Caroline
for Maryld:	for Virginie.	for Georgia
	for South Carolina—

[1 ][Endorsed:] in Mr. Pinckney’s letter of Dec. 30, 1819.

[1 ]Appendix A, CCCLXVII-CCCLXIX, CCCLXXXVII, CCCXCIII, CCCXCVI.

[2 ]Appendix A, CCCLXXXI-CCCLXXXV.

[3 ]Appendix A, CXXIX.

[4 ]A. C. McLaughlin, American Historical Review, July, 1904. IX, 735-741.

[5 ]Vol. I, p. 258-263.

[1 ]See Mr. McLaughlin’s confirmation of this position, American Historical Review, loc. cit.

[2 ]Mr. Jameson has made a careful analysis of this material; see his Studies in the History of the Federal Convention of 1787, pp. 117-120.

[3 ]“ ‘W. S. E. of S. C.’ (W. S. Elliot, grandson of Pinckney) in DeBow’s Review XXXIV, 63, says: This draft was made in Charleston before the writer thereof had any opportunity of conference with his co-workers, and carried with him to the Convention.’ ” Jameson, Studies, p. 120, note.

[4 ]Appendix A, XVII.

[1 ]Studies, p. 124.

[2 ]Studies, p. 117-132. See Records, July 27-August 4, Committee of Detail, VII.

[3 ]American Historical Review, loc. cit. See Records, July 27-August 4, Committee of Detail, III.

[6 ]George Read to John Dickinson.a

New Castle, January 17th, 1787.

Dear Sir, —

[a]W. T. Read, Life and Correspondence of George Read, pp. 438-439.

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CCCCIII.: John Dickinson: Extract of letter. 1 - Max Farrand, The Records of the Federal Convention of 1787, vol. 3 [1911]

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CCCCIII.

John Dickinson: Extract of letter.1

Letter of my Father.

APPENDIX B

THE DELEGATES TO THE FEDERAL CONVENTION, THEIR CREDENTIALS, AND ATTENDANCE.

LIST OF DELEGATES.1

CREDENTIALS

VIRGINIA

Virginia

In the House of Delegates

Extract from the Journal,

Attest John Beckley Clk. H. Dels.

In the House of Senators

Attest, H. Brook Clk S.

Virginia to wit

Virginia to wit

NEW JERSEY

The State of New Jersey.

To the Honorable David Brearly, William Churchill Houston, William Patterson and John Neilson Esquires. Greeting.

The State of New Jersey.

To His Excellency William Livingston and the Honorable Abraham Clark Esquires Greeting.

The State of New Jersey.

To the Honorable Jonathan Dayton Esquire

PENNSYLVANIA

Pensylvania

Clerk of the General Assembly.

Clerk of the General Assembly.

NORTH CAROLINA

The State of North Carolina

To the Honorable Alexander Martin Esquire, Greeting.

The State of North-Carolina

To the Honorable William Richardson Davie Esquire Greeting.

The State of North Carolina

To the Honorable Richard Dobbs Spaight Esquire, Greeting.

State of North-Carolina

His Excellency Richard Caswell Esquire Governor, Captain General and Commander in Chief in and over the State aforesaid.

To all to whom these Presents shall come Greeting.

State of North-Carolina

His Excellency Richard Caswell Esquire, Governor, Captain-General and Commander in Chief, in and over the State aforesaid.

To all to whom these Presents shall come Greeting.

NEW HAMPSHIRE

State of New Hampshire }

State of New Hampshire5

DELAWARE

Delaware

Attest Ja Booth Secy.

GEORGIA

Georgia

To all to whom these Presents shall come Greeting.

NEW YORK7

New-York.

To all to whom these Presents shall come

State of New York

SOUTH CAROLINA

State of South Carolina.

To the Honorable John Rutledge Esquire Greeting.

State of South Carolina

To the Honorable Charles Pinckney Esquire. Greeting.

State of South-Carolina.

To the Honorable Charles Cotesworth Pinckney Esquire, Greeting.

State of South Carolina

To the Honorable Pierce Butler Esquire Greeting.

MASSACHUSETTS

To all to whom these Presents shall come
Greeting.

To the Honorable John Rutledge Esquire
Greeting.

To the Honorable Charles Pinckney Esquire.
Greeting.

To the Honorable Charles Cotesworth Pinckney Esquire,
Greeting.

To the Honorable Pierce Butler Esquire
Greeting.