Resolutions Drafted by Mason for the Virginia Ratifying Convention

[ca. 8 June 1788]

(1) Resolved that the following Declaration of Rights and Amendments be referred to the Committee of the whole Convention upon the new Constitution of Government recommended by the late federal Convention.

or

(2) Resolved that the following Declaration of Rights and Amendments to the new Constitution of Government recommended by the late federal Convention ought to be communicated and referred to the other States in the American Union for their Consideration previous to it's final Ratification.

or

(3) Resolved that the following Amendments ought to be made to the new Constitution of Government recommended by the late federal Convention previous to the Ratification thereof; and that the said Amendments be by this Convention communicated and referred to the other States in the American Union for their Consideration.

or

(4) Resolved that the new Constitution of Government recommended by the late federal Convention ought to be ratified when the following Declaration of Rights and Amendments shall be adopted; and that the said Declaration of Rights and Amendments be by this Convention communicated and referred to the other States in the [American Union.]

That there shall be a Declaration of Rights, asserting and securing from Encroachment the essential and unalienable Rights of the People, in some such Manner as the following.

Here the Declaration of Rights to be inserted.

And that there be also the following Amendments to the Constitution

That each State in the Union shall retain its Sovereignty, Freedom and Independence, and every Power Jurisdiction and Right, which is not by this Constitution expressly delegated to the Congress of the United States.

That there shall be one Representative for every thirty thousand Persons, according to the Enumeration or Census mentioned in the Constitution, until the whole Number of the Representatives amounts to two hundred.

That Congress shall not exercise the Powers, respecting the Regulation of Elections, vested in them by the fourth Section of the first Article of the Constitution, but in Cases when a State neglects or refuses to make the Regulations therein mentioned, or shall make Regulations subversive of the Rights of the People to a free and equal Representation in Congress agreeably to the Constitution, or shall be prevented from making Elections by Invasion or Rebellion; and in any of these Cases, such Powers shall be exercised by Congress only until the Cause be removed.

That Congress do not lay direct Taxes, nor Excises upon any Articles of the Growth or manufactured from the Growth of any of the American States but when the Monies arising from the Duties or Imports are insufficient for the public Exigencies, nor then, until Congress shall have first made a Requisition upon the States, to assess, levy, and pay their respective Proportions of such Requisitions, according to the Enumeration or Census fixed in the Constitution, in such Way and Manner as the Legislature of the State shall judge best; and if any State shall neglect or refuse to pay it's Proportion, pursuant to such Requisition, then Congress may assess and levy such State's Proportion, together with Interest thereon, at the Rate of six cent: Per Annum, from the time of Payment prescribed in such Requisition.

That the Members of the Senate and House of Representatives shall be ineligible to, and incapable of holding any Office under the Authority of the United States, during the time for which they shall respectively be elected.

That there shall be a constitutional responsible Council, to assist in the administration of Government, with the Power of chusing out of their own Body a President; who in Case of the Death Resignation or Disability of the President of the United States, shall act, pro tempore as Vice President, instead of a Vice President elected in the Manner prescribed by the Constitution; and that the Power of making Treaties, appointing Ambassadors, other public Ministers and Consuls, Judges of the Supreme Courts, and all other officers of the United States, whose Appointments are not otherwise provided for by the Constitution, and which shall be established by Law, be vested in the President of the United States, with the Assistance of the Council so to be appointed. But all Treaties so made or entered into shall be subject to the Revision of the Senate and House of Representatives for their Ratification. And no commercial Treaty shall be ratified without the Consent of two thirds of the Members present in both Houses; nor shall any ceding contracting restraining or suspending the territorial Rights or Claims of the United States, or any of them, or their, or any of their Rights or Claims to fishing in the American Seas, or navigating the American Rivers, be ratified, without the Consent of three fourths of the whole Number of both Houses.

No Navigation Law, or Law for regulating Commerce shall be passed without the Consent of two thirds of the Members present in both Houses.

No standing Army or regular Troops shall be raised or kept up in time of Peace without the Consent of two thirds of the Members of both Houses.

Neither the President, nor Vice President of the United States, nor any Member of the Council shall command the Army or Navy of the United States in Person without the Consent of two thirds of the Members of both Houses.

No Soldier shall be enlisted for a longer Term than four Years, except in time of War, and then for no longer Term than the Continuance of the War.

No Mutiny Act shall be passed for any longer Term than two Years.

The President of the United States, or any other Officer acting under the Authority of the United States shall, upon Impeachment, be suspended from the Exercise of his Office, during his Trial.

The Judges of the federal Court shall be incapable of holding any other Office, or of receiving the Profits of any other Office, or Emolument under the United States or any of them.

Source: 3 The Papers of George Mason 1055-1057 (Robert A.Rutland ed. (1970)).