"The exclusive right of establishing regulations for the government of the militia of the United States, ought certainly to be vested in the federal council.
"The article empowering the United States to admit new States into the confederacy is become indispensable, from the separation of certain districts from the original States—and the increasing population and consequence of the western territory. I have also added an article authorizing the United States, upon the petition from the majority of the citizens of any State or convention authorized for that purpose, and of the legislature of the State to which they wish to be annexed, or of the States among which they are willing to be divided, to consent to such junction or division, on the term mentioned in the article.
"The Federal Government should also possess the exclusive right of declaring on what terms the privileges of citizenship and naturalization should be extended to foreigners.
"The 16th article proposes to declare that if it should hereafter appear necessary to the United States to recommend the grant of any additional powers, that the assent of a given number of the States shall be sufficient to invest them and bind the Union as fully as if they had been confirmed by the legislatures of all the States. The principles of this, and the article which provides for the future alteration of the Constitution by its being first agreed to in Congress, and ratified by a certain proportion of the legislatures, are precisely the same.
"There is also in the articles a provision respecting the attendance of the members of both Houses; it is proposed that they shall be the judges of their own rules and proceedings, nominate their own officers, and be obliged, after accepting their appointments, to attend the stated meetings of the legislature; the penalties under which their attendance is required, are such as to insure it, as we are to suppose no man would willingly expose himself to the ignominy of a disqualification.
"The next article provides for the privilege of the writ of habeas corpus—the trial by jury in all cases, criminal as well as civil—the freedom of the press and the prevention of religious tests as qualifications to offices of trust or emolument.
"There is also an authority to the national legislature, permanently to fix the seat of the general government, to secure to authors the exclusive right to their performances and discoveries, and to establish a Federal University.
"There are other articles, but of subordinate consideration. In opening the subject, the limits of my present observations would only permit me to touch the outlines; in these I have endeavored to unite and apply, as far as the nature of our Union would permit, the excellencies of such of the States' Constitutions as have been most approved.
"I ought again to apologize for presuming to intrude my sentiments upon a subject of such difficulty and importance. It is one that I have for a considerable time attended to. I am doubtful whether the convention will, at first be inclined to proceed as far as I have intended; but this I think may be safely asserted, that upon a clear and comprehensive view of the relative situation of the Union, and its members, we shall be convinced of the policy of concentring in the federal head, a complete supremacy in the affairs of government; leaving only to the States such powers as may be necessary for the management of their internal concerns."
The first comment to be made on this speech of Pinckney's is that it was never made, and that no speech whatever was made by him when he presented his draught to the Convention.