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Butler, Pierce (1744-1822) [New Jersey plan]: Resolved that the Articles of Confederation....

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Gilder Lehrman Collection #: GLC00819.07 Author/Creator: Butler, Pierce (1744-1822) Place Written: Philadelphia, Pennsylvania Type: Manuscript document Date: 15 June 1787 Pagination: 8 p. ; 38 x 23 cm. Order a Copy

"Jersey" -docket on p.8. Full transcript of the New Jersey Plan in hand of Robert Lansing, Jr.. Charles Hamilton thought this document might be written in the hand of Spaight, but SK identified later as John Lansing, Jr.

Signer of the U.S. Constitution.

Resolved that the Articles of Confederation ought to be so revised connected & enlarged as to render the Federal Constitution adequate to the Exigencies of Government & the preservation of the Union.
Resolved that in Addition to the powers vested in the United States in Congress by the present existing Articles of Confederation they be authorized to pass Acts for raising a Revenue--by laying a Duty or Duties on all goods & merchandize of foreign growth or manufacture imported into any part of the United States--by stamps on paper Vellum & parchment and by a postage on all letters and packages passing through the general post office to be applied to such federal purposes as they shall deem proper and expedient--to make Rules & Regulations for the Collection thereof and the same from [2] Time to Time to alter and amend in such manner as they shall think proper [inserted: to pass Acts for the Regulation of Trade and Commerce as well with foreign Nations as with each other] provided that all punishments Fines Forfeitures & penalties to be incurred for contravening such [inserted: Acts] Rules and Regulations shall be adjudged by the common Law Judiciaries of the State in which any offence contrary to the true Intent & Meaning of such [inserted: Acts] Rules and Regulations shall be committed or perpetrated with Liberty of commencing in the first Instance all suits or prosecutions for that purpose in the superior common Law Judiciary in such State--Subject nevertheless to an Appeal for the Correction of all Errors both in Law & Fact in rendering judgment to the Judiciary of the United States.
Resolved that whenever Requisitions shall be necessary, instead of the Rule for making Requisitions [3] mentioned in the Articles of Confederation the United States in Congress be authorized to make such Requisitions in proportion to the whole number of white & other free Citizens & Inhabitants of every Age Sex & Condition including those bound to servitude for a Term of years and three fifths of all other persons not comprehended in the foregoing Description except Indians not paying Taxes--that if such Requisitions be not complied with in the Time to be specified therein to direct the Collection thereof in the non complying States and for that purpose to devise & pass Acts directing & authorizing the same--provided that none of the powers hereby vested in the United States in Congress shall be exercised without the Consent of at least [blank in original] States and in that proportion if the Number of [4] Confederated States should hereafter be [struck: de] [inserted: in]creased as diminished.
Resolved that the United States in Congress be authorized to elect a Federal Executive to consist of-- [blank in original] persons to continue in office for the Term of [blank in original] years to receive punctually at stated Times a fixed Compensation for their services by them rendered in which no increase or diminution shall be made so as to affect the persons composing the Executive at the Time of such Increase or Diminution--to be paid out of the Federal Treasury--to be incapable of holding any other office or Appointment during their time of service and for [blank in original] years thereafter--to be ineligible a second Time & removeable [sic] by Congress on Application by a Majority of the Executives of the several [5] States--that the Executive besides a general Authority to execute the federal Acts ought to appoint all federal officers not otherwise provided for and to direct all Military operations--provided that none of the persons composing the federal Executive shall on any occasion take Command of any Troops so as personally to conduct any Military Enterprize [sic] as General or in other capacity.
Resolved that a federal Judiciary be established to consist of a Supreme Tribunal the Judges of which to be appointed by the Executive and to hold their office during good Behaviour to receive punctually at stated Times A fixed Compensation for their services in which no Increase or Diminution shall be made so as to affect the persons actually in office at the Time of such Increase or Diminution--that the Judiciary so established shall have [6] Authority [struck: in the first Instance] to hear & determine in the first Instance on all Impeachments of federal officers and by way of Appeal in the dernier Resort in all Cases touching the Rights of Ambassadors--in all Cases of Captures from an Enemy--in all Cases of piracies and Felonies on the high seas--in all Cases in which Foreigners may be interested in the Construction of any Treaty or Treaties or which may arise on any of the Acts for the Regulation of Trade or the Collection of the federal Revenue--that none of the Judiciary [struck: officers] shall during the Time they remain in office be capable of receiving or holding any other office or Appointment during their Time of service or for [blank in original] thereafter.
[7] Resolved that all Acts of the United States in Congress made by virtue and in pursuance of the powers hereby [struck: vested] and by the Articles of Confederation vested in them and all Treaties made and ratified under the Authority of the United States shall be the Supreme Law of the respective States so far forth as those Acts or Treaties shall relate to the said States or their Citizens & that the Judiciaries of the several States shall be bound thereby in their Decisions anything in the respective Laws of the individual States to the contrary notwithstanding and that if any State or any Body of Men in any States shall oppose or prevent the carrying into Execution such Acts or Treaties the federal Executive shall be authorized to call forth the powers of the Confederated States or so much thereof as may be necessary to enforce and compel an obedience to such Acts [8] or an Observance of such Treaties.
Resolved that provision be made for the Admission of new States into the Union.
[struck: Resolved that it is necessary to declare what offences committed in the several States shall so deemed high Treason against the United States.]
Resolved that the Rule for Naturalization ought to be the same in every State.
Resolved that a Citizen of one State committing an offence in another State of the Union shall be deemed guilty of the same offence as if it had been committed by a Citizen of the State in which the offence was committed.

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