Ch. 2.1. Primary Source: The Virginia Plan Proposed (May 29)

Edmund Randolph proposed the large-state or “Virginia Plan.” The two most debated features of this plan were, first, a lower house of the national legislature that would be popularly elected, i.e., by the people of each state (item 4 in the list of resolutions below). Second, the numbers of representatives allocated or “apportioned” to each state would be calculated in a way that was “proportional” to its size, whether size was determined by population or wealth (i.e., the total amount of taxes it paid to the national government) (item 2). In either case this would favor large states.

This lower house would be the paramount national institution, because it would choose the members of the upper house of the legislature (item 5), and together the two houses of the legislature would choose the executive (item 7). Furthermore, in this plan the national government would be much stronger than the states, because it could veto state laws (item 6), and the states as such would have no direct role in the national government.

(Text from Teaching American History, the Constitutional Convention, May 29.)

Mr. Edmund Randolph then opened the main business… He then commented on the difficulty of the crisis, and the necessity of preventing the fulfilment of the prophecies of the American downfall. He observed, that, in revising the federal system we ought to inquire, first, into the properties which such a government ought to possess; secondly, the defects of the Confederation; thirdly, the danger of our situation; and fourthly, the remedy…

In speaking of the defects of the Confederation, he professed a high respect for its authors, and considered them as having done all that patriots could do, in the then infancy of the science of constitutions, and of confederacies; when the inefficiency of requisitions [i.e., funds supplied by the states to the federal government] was unknown — no commercial discord had arisen among any States — no rebellion had appeared, as in Massachusetts [i.e., Shays’s Rebellion]— foreign debts had not become urgent — the havoc of paper-money had not been foreseen — treaties had not been violated — and perhaps nothing better could be obtained, from the jealousy of the States with regard to their sovereignty.

He then proceeded to enumerate the defects: — First, that the Confederation produced no security against foreign invasion; Congress not being permitted to prevent a war, nor to support it by their own authority…Secondly, that the Federal Government could not check the quarrel between States, nor a rebellion in any, not having constitutional power nor means to interpose according to the exigency.

Thirdly, that there were many advantages which the United States might acquire, which were not attainable under the Confederation — such as a productive impost — counteraction of the commercial regulations of other nations — pushing of commerce ad libitum [i.e., promotion of free trade and economic development]; and Fourthly, that the Federal Government could not defend itself against encroachments from the States. Fifthly, that it was not even paramount to the State Constitutions, ratified as it was in many of the States.

He next reviewed the danger of our situation; and appealed to the sense of the best friends of the United States — to the prospect of anarchy from the laxity of government everywhere — and to other considerations. He then proceeded to the remedy; the basis of which he said must be the republican principle. He proposed, as conformable to his ideas, the following resolutions, which he explained one by one.

“1. Resolved, that the Articles of Confederation ought to be so corrected and enlarged as to accomplish the objects proposed by their institution; namely, “common defence, security of liberty, and general welfare.”

“2. Resolved, therefore, that the rights of suffrage in the National Legislature ought to be proportioned to the quotas of contribution [i.e., taxes], or to the number of free inhabitants, as the one or the other rule may seem best in different cases.

“3. Resolved, that the National Legislature ought to consist of two branches.

“4. Resolved, that the members of the first branch of the National Legislature ought to be elected by the people of the several States every — for the term of —; to be of the age of — years at least; to receive liberal stipends by which they may be compensated for the devotion of their time to the public service…

“5. Resolved, that the members of the second branch of the National Legislature ought to be elected by those of the first, out of a proper number of persons nominated by the individual Legislatures, to be of the age of — years at least; to hold their offices for a term sufficient to insure their independency; to receive liberal stipends…

“6. Resolved, that each branch ought to possess the right of originating acts; that the National Legislature ought to be empowered to enjoy the legislative rights vested in Congress by the Confederation, and moreover to legislate in all cases to which the separate States are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation; to negative all laws passed by the several States contravening, in the opinion of the National Legislature, the Articles of Union, or any treaty subsisting under the authority of the Union; and to call forth the force of the Union against any member of the Union failing to fulfil its duty under the Articles thereof.

“7. Resolved, that a National Executive be instituted; to be chosen by the National Legislature for the term of —; to receive punctually, at stated times, a fixed compensation for the services rendered…

“8. Resolved, that the Executive, and a convenient number of the national Judiciary, ought to compose a Council of Revision, with authority to examine every act of the National Legislature, before it shall operate, and every act of a particular Legislature before a negative thereon shall be final; and that the dissent of the said council shall amount to a rejection, unless the act of the National Legislature be again passed, or that of a particular Legislature be again negatived by — of the members of each branch.

“9. Resolved, 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; to hold their offices during good behavior, and to receive punctually, at stated times, fixed compensation for their services… That the jurisdiction of the inferior tribunals shall be to hear and determine, in the first instance, and of the supreme tribunal to hear and determine, in the dernier resort, all piracies and felonies on the high seas; captures from an enemy; cases in which foreigners, or citizens of other States, applying to such jurisdictions, may be interested; or which respect the collection of the national revenue; impeachments of any national officers, and questions which may involve the national peace and harmony.

“10. Resolved, that provision ought to be made for the admission of States lawfully arising within the limits of the United States, whether from a voluntary junction of government and territory, or otherwise, with the consent of a number of voices in the National Legislature less than the whole.

“11. Resolved, that a republican government, and the territory of each State, except in the instance of a voluntary junction of government and territory, ought to be guaranteed by the United States to each State…

“14. Resolved, that the legislative, executive, and judiciary powers, within the several States ought to be bound by oath to support the Articles of Union.

“15. Resolved, that the amendments which shall be offered to the Confederation, by the Convention, ought, at a proper time or times, after the approbation of Congress, to be submitted to an assembly or assemblies of representatives, recommended by the several Legislatures, to be expressly chosen by the people to consider and decide thereon.”

He concluded with an exhortation, not to suffer the present opportunity of establishing general peace, harmony, happiness and liberty in the United States to pass away unimproved.