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title:“Draft of Melancton Smith's Proposed Amendments to Article II, Sections 1-2”
authors:Melancton Smith
date written:1788-7-4

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last updated:Jan. 22, 2013, 8:33 a.m. UTC
retrieved:Dec. 1, 2023, 3:58 p.m. UTC

Smith, Melancton. "Letter to Article II, Sections 1-2." The Documentary History of the Ratification of the Constitution. Vol. 22. Ed. John P. Kaminski. Madison: Wisconsin Historical Society Press, 2008. 2097-98. Print.
Melancton Smith Papers, New York State Library

Draft of Melancton Smith's Proposed Amendments to Article II, Sections 1-2 (July 4, 1788)

Amendments Article 2 Sect. 1
The President of the United States shall hold his office during the term of Years and shall not be eligible a second time. And no person shall be eligible to that Office, who has not attained to the Age of 45 years— Sect. 2.
The President of the United States shall never command the Army or Navy of the United States in Person without the consent of two thirds of both houses of the Legislature, nor shall he grant pardons for Treason, without the consent of the Legislature, but he shall have power to grant Repreives to persons convicted of Treason, until their cases are laid before the legislature for their decision The United States shall from time to time be divided by the Congress into nine convenient Districts, for each of which there shall be one Counsellor elected every fourth year in each District, in the manner following— The Electors in each District entitled to vote for Representatives shall vote for three persons for Counsellors, and the votes shall be returned to the Congress — And the federal Representatives and Senators assembled in one room, shall take the three persons who shall have the greatest number of Votes in each district, and by joint ballot and by majority of Votes shall elect one of them Counsellor for the District.
The said Council shall keep a record of their proceedings and sign the same, and always be responsible for their advice and impeachable for malconduct in office— The said Counsellors shall have a reasonable allowance for their services fixed by standing Laws, and no man shall be elected a Counsellor who shall not have been seven years a Citizen of the United States, and one Year an Inhabitant of the District for which he shall be elected and have attained to the age of 35 Years— The President shall have power by and with the consent of the Senate to make treaties provided two thirds of the Senators concur—And he shall nominate and by and with the consent of the Council, shall appoint ambassadors &c— The Congress shall appoint the Commissioners of the Treasury, and the Treasurer of the United States—

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