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appendix f
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have a chief judge, he might at first write "chief or judge," and afterward fill in the blank with the word "senior". In Hamilton's longer plan, the court for the trial of impeachments in the case of the higher officials is composed of the Supreme Court of the United States, (which was to consist of from six to twelve judges), plus the chief or senior judge of each State, any twelve to constitute a court.

No other data being available, it is impossible to reach a positive conclusion upon the correct reading of any of these variations, but the editor is inclined to rely upon the accuracy of the Madison copy.


The document that has just been discussed is to be distinguished from the following, which was not submitted to the Convention and has no further value than attaches to the personal opinions of Hamilton.[1]

Copy of a paper Communicated to J. M. by Col. Hamilton, about the close of the Convention in Philada. 1787, which he said delineated the Constitution which he would have wished to be proposed by the Convention: He had stated the principles of it in the course of the deliberations. See

The people of the United States of America do ordain & establish this Constitution for the government of themselves and their posterity.

Article I

§. 1. The Legislative power shall be vested in two distinct bodies of men, one to be called the Assembly, the other the Senate, subject to the negative hereinafter mentioned.

§ 2. The Executive power, with the qualifications hereinafter specified, shall be vested in a President of the United States.

§. 3. The supreme Judicial authority, except in the cases otherwise provided for in this Constitution, shall be vested in a Court to be called the Supreme Court, to consist of not less than six or more than twelve Judges.

Article II

§ 1. The Assembly shall consist of persons to be called representatives, who shall be chosen, except in the first instance, by the free male citizens & inhabitants of the several States comprehended


  1. See references under note 2, above.