Chapter XII: Part 12

Doc^r Franklin. The diversity of opinions turns on two points. If a proportional representation takes place, the small States contend that their liberties will be in danger. If an equality of votes is to be put in its place, the large States say their money will be in danger. When a broad table is to be made, and the edges of planks do not fit, the artist takes a little from both, and makes a good joint. In like manner here both sides must part with some of their demands, in order that they may join in some accommodating proposition. He had prepared one which he would read, that it might lie on the table for consideration. The proposition was in the words following

"That the Legislatures of the several States shall choose & send
an equal number of Delegates, namely ---- who are to compose the
2^d branch of the General Legislature--

That in all cases or questions wherein the Sovereignty of
individual States may be affected, or whereby their authority
over their own Citizens may be diminished, or the authority of
the General Government within the several States augmented, each
State shall have equal suffrage.

That in the appointment of all Civil officers of y^e Gen^l Gov^t
in the election of whom the 2^d branch may by the Constitution
have part, each State shall have equal suffrage.

That in fixing the Salaries of such Officers, and in all
allowances for public services, and generally in all
appropriations & dispositions of money to be drawn out of the
general Treasury; and in all laws for supplying that Treasury,
the Delegates of the several States shall have suffrage in
proportion to the Sums which their respective States do actually
contribute to the Treasury."

Where a ship had many owners this was the rule of deciding on her expedition. He had been one of the Ministers from this Country to France during the joint war and w^d have been very glad if allowed a vote in distributing the money to carry it on.

M^r King observed that the simple question was whether each State should have an equal vote in the 2^d branch; that it must be apparent to those Gentlemen who liked neither the motion for this equality, nor the report as it stood, that the report was as susceptible of melioration as the motion; that a reform would be nugatory & nominal only if we should make another Congress of the proposed Senate: that if the adherence to an equality of votes was fixed & unalterable, there could not be less obstinacy on the other side, & that we were in fact cut asunder already, and it was in vain to shut our eyes against it: that he was however filled with astonishment that if we were convinced that every _man_ in America was secured in all his rights, we should be ready to sacrifice this substantial good to the Phantom of _State_ sovereignty: that his feelings were more harrowed & his fears more agitated for his Country than he could express, that he conceived this to be the last opportunity of providing for its liberty & happiness: that he could not therefore but repeat his amazement that when a just govern^t founded on a fair representation of the _people_ of America was within our reach, we should renounce the blessing, from an attachment to the ideal freedom & importance of _States_: that should this wonderful illusion continue to prevail, his mind was prepared for every event, rather than to sit down under a Gov^t founded in a vicious principle of representation, and which must be as short lived as it would be unjust. He might prevail on himself to accede to some such expedient as had been hinted by M^r Wilson; but he never could listen to an equality of votes as proposed in the motion.

M^r Dayton. When assertion is given for proof, and terror substituted for argument, he presumed they would have no effect however eloquently spoken. It should have been shewn that the evils we have experienced have proceeded from the equality now objected to; and that the seeds of dissolution for the State Governments are not sown in the Gen^l Government. He considered the system on the table as a novelty, an amphibious monster; and was persuaded that it never would be rec^d by the people. M^r Martin w^d never confederate if it could not be done on just principles.

M^r Madison would acquiesce in the concession hinted by M^r Wilson, on condition that a due independence should be given to the Senate. The plan in its present shape makes the Senate absolutely dependent on the States. The Senate therefore is only another edition of Cong^s. He knew the faults of that Body & had used a bold language ag^{st} it. Still he would preserve the State rights, as carefully as the trials by jury.

M^r Bedford, contended that there was no middle way between a perfect consolidation and a mere confederacy of the States. The first is out of the question, and in the latter they must continue if not perfectly, yet equally sovereign. If political Societies possess ambition avarice, and all the other passions which render them formidable to each other, ought we not to view them in this light here? Will not the same motives operate in America as elsewhere? If any gentleman doubts it let him look at the votes. Have they not been dictated by interest, by ambition? Are not the large States evidently seeking to aggrandize themselves at the expense of the small? They think no doubt that they have right on their side, but interest had blinded their eyes. Look at Georgia. Though a small State at present, she is actuated by the prospect of soon being a great one. S. Carolina is actuated both by present interest & future prospects. She hopes too to see the other States cut down to her own dimensions. N. Carolina has the same motives of present & future interest. Virg^a follows. Mary^d is not on that side of the Question. Pen^a has a direct and future interest. Mass^{ts} has a decided and palpable interest in the part she takes. Can it be expected that the small States will act from pure disinterestedness. Look at G. Britain. Is the Representation there less unequal? But we shall be told again that that is the rotten part of the Constitution. Have not the boroughs however held fast their constitutional rights? And are we to act with greater purity than the rest of mankind. An exact proportion in the Representation is not preserved in any one of the States. Will it be said that an inequality of power will not result from an inequality of votes. Give the opportunity, and ambition will not fail to abuse it. The whole History of mankind proves it. The three large States have a common interest to bind them together in commerce. But whether a combination as we suppose, or a competition as others suppose, shall take place among them, in either case, the small States must be ruined. We must like Solon make such a Govern^t as the people will approve. Will the smaller States ever agree to the proposed degradation of them. It is not true that the people will not agree to enlarge the powers of the present Cong^s. The language of the people has been that Cong^s ought to have the power of collecting an impost, and of coercing the States where it may be necessary. On The first point they have been explicit &, in a manner, unanimous in their declarations. And must they not agree to this & similar measures if they ever mean to discharge their engagements. The little States are willing to observe their engagements, but will meet the large ones on no ground but that of the Confederation. We have been told with a dictatorial air that this is the last moment for a fair trial in favor of a Good Governm^t. It will be the last indeed if the propositions reported from the Committee go forth to the people. He was under no apprehensions. The Large States dare not dissolve the Confederation. If they do the small ones will find some foreign ally of more honor and good faith, who will take them by the hand and do them justice. He did not mean by this to intimidate or alarm. It was a natural consequence, which ought to be avoided by enlarging the federal powers not annihilating the federal system. This is what the people expect. All agree in the necessity of a more efficient Gov^t and why not make such an one as they desire.

M^r Elseworth. Under a National Gov^t he should participate in the National Security, as remarked by (M^r King) but that was all. What he wanted was domestic happiness. The Nat^l Gov^t could not descend to the local objects on which this depended. It could only embrace objects of a general nature. He turned his eyes therefore for the preservation of his rights to the State Gov^{ts}. From these alone he could derive the greatest happiness he expects in this life. His happiness depends on their existence, as much as a new born infant on its mother for nourishment. If this reasoning was not satisfactory, he had nothing to add that could be so.

M^r King was for preserving the States in a subordinate degree, and as far as they could be necessary for the purposes stated by M^r Elseworth. He did not think a full answer had been given to those who apprehended a dangerous encroachment on their jurisdictions. Expedients might be devised as he conceived that would give them all the security the nature of things would admit of. In the establish^t of Societies the Constitution was to the Legislature what the laws were to individuals. As the fundamental rights of individuals are secured by express provisions in the State Constitutions; why may not a like security be provided for the Rights of States in the National Constitution. The articles of Union between Engl^d & Scotland furnish an example of such a provision in favor of sundry rights of Scotland. When that Union was in agitation, the same language of apprehension which has been heard from the smaller States, was in the mouths of the Scotch patriots. The articles however have not been violated and the Scotch have found an increase of prosperity & happiness. He was aware that this will be called a mere _paper security_. He thought it a sufficient answer to say that if fundamental articles of compact, are no sufficient defence against physical power, neither will there be any safety ag^{st} it if there be no compact. He could not sit down, without taking some notice of the language of the honorable gentleman from Delaware (M^r Bedford). It was not he that had uttered a dictatorial language. This intemperance had marked the honorable Gentleman himself. It was not he who with a vehemence unprecedented in that House, had declared himself ready to turn his hopes from our common Country, and court the protection of some foreign hand. This too was the language of the Honbl member himself. He was grieved that such a thought had entered into his heart. He was more grieved that such an expression had dropped from his lips. The gentleman c^d only excuse it to himself on the score of passion. For himself whatever might be his distress, he w^d never court relief from a foreign power.

Adjourned.

MONDAY JULY 2^D IN CONVENTION.

On the question for allowing each State one vote in the second branch as moved by M^r Elseworth, Mass^{ts} no. Con^t ay. N. Y. ay. N. J. ay. P^a no. Del. ay. M^d ay. M^r Jenifer being not present M^r Martin alone voted V^a no. N. C. no. S. C. no. Geo. div^d. M^r Houston no. M^r Baldwin ay.

M^r Pinkney thought an equality of votes in the 2^d branch inadmissible. At the same time candor obliged him to admit that the large States would feel a partiality for their own Citizens & give them a preference, in appointments: that they might also find some common points in their Commercial interests, and promote treaties favorable to them. There is a real distinction [between] the Northern & South^n interests. N. Carol^a S. Carol: & Geo. in their Rice & Indigo had a peculiar interest which might be sacrificed. How then shall the larger States be prevented from administering the Gen^l Gov^t as they please, without being themselves unduly subjected to the will of the smaller? By allowing them some but not a full, proportion. He was extremely anxious that something should be done, considering this as the last appeal to a regular experiment. Cong^s have failed in almost every effort for an amendment of the federal System. Nothing has prevented a dissolution of it, but the appointm^t of this Convention; & he could not express his alarms for the consequence of such an event. He read his motion, to form the States into classes, with an apportionment of Senators among them (see Art: 4, of his plan).

General Pinkney was willing the motion might be considered. He did not entirely approve it. He liked better the motion of Doc^r Franklin (which see Saturday June 30). Some Compromise seemed to be necessary, the States being exactly divided on the question for an equality of votes in the 2^d branch. He proposed that a Committee consisting of a member from each State should be appointed to devise & report some compromise.

M^r L. Martin had no objection to a commitment, but no modifications whatever could reconcile the Smaller States to the least diminution of their equal Sovereignty.

M^r Sherman. We are now at a full stop, and nobody he supposed meant that we sh^d break up without doing something. A committee he thought most likely to hit on some expedient.

[123]Mr. Gov^r Morris. thought a Com^e adviseable as the Convention had been equally divided. He had a stronger reason also. The mode of appointing the 2^d branch tended he was sure to defeat the object of it. What is this object? To check the precipitation, changeableness, and excesses of the first branch. Every man of observation had seen in the democratic branches of the State Legislatures, precipitation--in Congress changeableness, in every department excesses ag^{st} personal liberty private property & personal safety. What qualities are necessary to constitute a check in this case? _Abilities_ and _virtue_, are equally necessary in both branches. Something more then is now wanted, 1. the checking branch must have a personal interest in checking the other branch, one interest must be opposed to another interest. Vices as they exist, must be turned ag^{st} each other. 2. It must have great personal property, it must have the aristocratic spirit; it must love to lord it thro' pride. Pride is indeed the great principle that actuates both the poor & the rich. It is this principle which in the former resists, in the latter abuses authority. 3. It should be independent. In Religion the Creature is apt to forget its Creator. That it is otherwise in Political Affairs, the late debates here are an unhappy proof. The aristocratic body, should be as independent & as firm as the democratic. If the members of it are to revert to a dependence on the democratic choice, the democratic scale will preponderate. All the guards contrived by America have not restrained the Senatorial branches of the Legislatures from a servile complaisance to the democratic. If the 2^d branch is to be dependent we are better without it. To make it independent, it should be for life. It will then do wrong, it will be said. He believed so; He hoped so. The Rich will strive to establish their dominion & enslave the rest. They always did. They always will. The proper security ag^{st} them is to form them into a separate interest. The two forces will then controul each other. Let the rich mix with the poor and in a Commercial Country, they will establish an Oligarchy. Take away commerce, and the democracy will triumph. Thus it has been all the world over. So it will be among us. Reason tells us we are but men: and we are not to expect any particular interference of Heaven in our favor. By thus combining & setting apart, the aristocratic interest, the popular interest will be combined ag^{st} it. There will be a mutual check and mutual security. 4. An independence for life, involves the necessary permanency. If we change our measures nobody will trust us: and how avoid a change of measures, but by avoiding a change of men. Ask any man if he confides in Cong^s if he confides in the State of Pen^a if he will lend his money or enter into contract? He will tell you no. He sees no stability. He can repose no confidence. If G. B. were to explain her refusal to treat with us, the same reasoning would be employed.--He disliked the exclusion of the 2^d branch from holding offices. It is dangerous. It is like the imprudent exclusion of the military officers during the war, from civil appointments. It deprives the Executive of the principal source of influence. If danger be apprehended from the Executive what a left-handed way is this of obviating it? If the son, the brother or the friend can be appointed, the danger may be even increased, as the disqualified father &c. can then boast of a disinterestedness which he does not possess. Besides shall the best, the most able, the most virtuous citizens not be permitted to hold offices? Who then are to hold them? He was also ag^{st} paying the Senators. They will pay themselves if they can. If they can not they will be rich and can do without it. Of such the 2^d branch ought to consist; and none but such can compose it if they are not to be paid--He contended that the Executive should appoint the Senate & fill up vacancies. This gets rid of the difficulty in the present question. You may begin with any ratio you please; it will come to the same thing. The members being independ^t & for life, may be taken as well from one place as from another.--It should be considered too how the scheme could be carried through the States. He hoped there was strength of mind eno' in this House to look truth in the face. He did not hesitate therefore to say that loaves & fishes must bribe the Demagogues. They must be made to expect higher offices under the general than the State Gov^{ts}. A Senate for life will be a noble bait. Without such captivating prospects, the popular leaders will oppose & defeat the plan. He perceived that the 1^{st} branch was to be chosen by the people of the States; the 2^d by those chosen by the people. Is not here a Gov^t by the States, a Govern^t by Compact between Virg^a in the 1^{st} & 2^d branch, Mass^{ts} in the 1^{st} & 2^d branch &c. This is going back to mere treaty. It it no Gov^t at all. It is altogether dependent on the States, and will act over again the part which Cong^s has acted. A firm Govern^t alone can protect our liberties. He fears the influence of the rich. They will have the same effect here as elsewhere if we do not by such a Gov^t keep them within their proper sphere. We should remember that the people never act from reason alone. The Rich will take the advantage of their passions & make these the instruments for oppressing them. The Result of the Contest will be a violent aristocracy, or a more violent despotism. The schemes of the Rich will be favored by the extent of the Country. The people in such distant parts cannot communicate & act in concert. They will be the dupes of those who have more knowledge & intercourse. The only security ag^{st} encroachments will be a select & sagacious body of men, instituted to watch ag^{st} them on all sides. He meant only to hint these observations, without grounding any motion on them.

[123] He had just returned from N. Y. hav^g left y^e Convention
a few days after it commenced business.--Madison's Note.

M^r Randolph favored the commitment though he did not expect much benefit from the expedient. He animadverted on the warm & rash language of M^r Bedford on Saturday; reminded the small States that if the large States should combine some danger of which he did not deny there would be a check in the revisionary power of the Executive, and intimated that in order to render this still more effectual, he would agree that in the choice of an Executive each State should have an equal vote. He was persuaded that two such opposite bodies as M^r Morris had planned, could never long co-exist. Dissentions would arise, as has been seen even between the Senate and H. of Delegates in Maryland, appeals would be made to the people; and in a little time commotions would be the result--He was far from thinking the large States could subsist of themselves any more than the small; an avulsion would involve the whole in ruin, and he was determined to pursue such a scheme of Government as would secure us ag^{st} such a calamity.

M^r Strong was for the co[~m]itment; and hoped the mode of constituting both branches would be referred. If they should be established on different principles, contentions would prevail, and there would never be a concurrence in necessary measures.

Doc^r Williamson. If we do not concede on both sides, our business must soon be at an end. He approved of the co[~m]itment, supposing that as the Com^e w^d be a smaller body, a compromise would be pursued with more coolness.

M^r Wilson objected to the Committee, because it would decide according to that very rule of voting which was opposed on one side. Experience in Cong^s had also proved the inutility of Committees consisting of members from each State.

M^r Lansing w^d not oppose the commitment, though expecting little advantage from it.

M^r Madison opposed the Co[~m]itment. He had rarely seen any other effect than delay from _such_ Committees in Cong^s. Any scheme of compromise that could be proposed in the Committee might as easily be proposed in the House; and the report of the Committee where it contained merely the _opinion_ of the Com^e would neither shorten the discussion, nor influence the decision of the House.

M^r Gerry was for the commitm^t. Something must be done, or we shall disappoint not only America, but the whole world. He suggested a consideration of the State we should be thrown into by the failure of the Union. We should be without an Umpire to decide controversies and must be at the mercy of events. What too is to become of our treaties--what of our foreign debts, what of our domestic? We must make concessions on both sides. Without these the Constitutions of the several States would never have been formed.

On the question "for co[~m]iting," generally:

Mass^{ts} ay. Con^t ay. N. Y. ay. N. J. no. P. ay.
Del. no. M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.

On the question for co[~m]iting it "to a member from each State,"

Mass^{ts} ay. Con^t ay. N. Y. ay. N. J. ay. P^a no.
Del. ay. M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.

The Co[~m]ittee elected by ballot, were M^r Gerry, M^r Elseworth, M^r Yates, M^r Patterson, D^r Franklin, M^r Bedford, M^r Martin, M^r Mason, M^r Davy, M^r Rutlidge, Mr. Baldwin.

That time might be given to the Co[~m]ittee, and to such as chose to attend to the celebrations on the anniversary of Independence, the Convention adjourned till Thursday.[124]

[124] "TUESDAY, _July 3, 1787_.

"The _grand committee_ met. Mr. Gerry was chosen chairman.

"The committee proceeded to consider in what manner they
should discharge the business with which they were
intrusted. By the proceedings in the Convention, they were
so equally divided on the important question of
_representation in the two branches_, that the idea of a
conciliatory adjustment must have been in contemplation of
the house in the appointment of this committee. But still,
how to effect this salutory purpose was the question. Many
of the members, impressed with the utility of a general
government, connected with it the indispensable necessity of
a representation from the states according to their numbers
and wealth; while others, equally tenacious of the rights of
the states, would admit of no other representation but such
as _was strictly federal_, or, in other words, _equality of
suffrage_. This brought on a discussion of the principles on
which the house had divided, and a lengthy recapitulation of
the arguments advanced in the house in support of these
opposite propositions. As I had not openly explained my
sentiments on any former occasion on this question, but
constantly, in giving my vote, _showed my attachment to the
national government on federal principles, I took this
occasion to explain my motives_.

"These remarks gave rise to a motion of Dr. Franklin, which
after some modification was agreed to, and made the basis of
the following report of the Committee."--Yates, _Secret
Proceedings_, etc., 205. The report is given by Madison.

* * * * *

Hamilton, who had gone to New York, wrote to Washington
under date of July 3d:

"In my passage through the Jerseys, and since my arrival
here, I have taken particular pains to discover the public
sentiment, and I am more and more convinced that this is the
critical opportunity for establishing the prosperity of this
country on a solid foundation. I have conversed with men of
information, not only in this city, but from different parts
of the State, and they agree that there has been an
astonishing revolution for the better in the minds of the
people.

"The prevailing apprehension among thinking men is, that the
Convention, from the fear of shocking the popular opinion,
will not go far enough. They seem to be convinced that a
strong, well-mounted government will better suit the popular
palate than one of a different complexion. Men in office are
indeed taking all possible pains to give an unfavorable
impression of the Convention, but the current seems to be
moving strongly the other way.

"A plain but sensible man, in a conversation I had with him
yesterday, expressed himself nearly in this manner: The
people begin to be convinced that 'their excellent form of
government,' as they have been used to call it, will not
answer their purpose, and that they must substitute
something not very remote from that which they have lately
quitted.

"These appearances, though they will not warrant a
conclusion that the people are yet ripe for such a plan as I
advocate, yet serve to prove that there is no reason to
despair of their adopting one equally energetic, if the
Convention should think proper to propose it. They serve to
prove that we ought not to allow too much weight to
objections drawn from the supposed repugnance of the people
to an efficient constitution. I confess I am more and more
inclined to believe that former habits of thinking are
regaining their influence with more rapidity than is
generally imagined.

"Not having compared ideas with you, sir, I cannot judge how
far our sentiments agree; but, as I persuade myself the
genuineness of my representations will receive credit with
you, my anxiety for the event of the deliberations of the
Convention induces me to make this communication of what
appears to be the tendency of the public mind.

"I own to you, sir, that I am seriously and deeply
distressed at the aspect of the counsels which prevailed
when I left Philadelphia. I fear we shall let slip the
golden opportunity of rescuing the American empire from
disunion, anarchy, and misery.

"No motley or feeble measure can answer the end, or will
finally receive the public support. Decision is true wisdom,
and will not be less reputable to the Convention than
salutary to the community.

"I shall of necessity remain here ten or twelve days. If I
have reason to believe that my attendance at Philadelphia
will not be mere waste of time, I shall, after that period,
rejoin the Convention."--_Hamilton's Works_ (Lodge).

THURSDAY JULY 5^{TH} IN CONVENTION

M^r Gerry delivered in from the Committee appointed on Monday last the following Report.

"The Committee to whom was referred the 8^{th} Resol. of the
Report from the Committee of the Whole House, and so much of the
7^{th} as has not been decided on, submit the following Report:
That the subsequent propositions be recommended to the
Convention on condition that both shall be generally adopted. I.
that in the 1^{st} branch of the Legislature each of the States
now in the Union shall be allowed 1 member for every 40,000
inhabitants of the description reported in the 7^{th} Resolution
of the Com^e of the whole House: that each State not containing
that number shall be allowed 1 member: that all bills for
raising or appropriating money, and for fixing the salaries of
the officers of the Govern^t of the U. States shall originate in
the 1^{st} branch of the Legislature, and shall not be altered
or amended by the 2^d branch; and that no money shall be drawn
from the public Treasury but in pursuance of appropriations to
be originated in the 1^{st} branch. "II. That in the 2^d branch
each State shall have an equal vote."[125]

[125] This report was founded on a motion in the
Co[~m]itte made by D^r Franklin. It was barely
acquiesced in by the members from the States opposed
to an equity of votes in the 2^d branch and was
evidently considered by the members on the other
side, as a gaining of their point. A motion was made
by M^r Sherman. He acted in the place of M^r
Elseworth who was kept away by indisposition, in the
Committee to the following effect "that each State
should have an equal vote in the 2^d branch;
provided that no decision therein should prevail
unless the majority of States concurring should also
comprise a majority of the inhabitants of the U.
States." This motion was not much deliberated on nor
approved in the Committee. A similar proviso had
been proposed in the debates on the articles of
Confederation in 1777, to the articles giving
certain powers to "nine States." See Journals of
Cong^s for 1777, p. 462.--Madison Note.

M^r Ghoram observed that as the report consisted of propositions mutually conditional he wished to hear some explanations touching the grounds on which the conditions were estimated.

M^r Gerry. The Committee were of different opinions as well as the Deputations from which the Com^e were taken, and agreed to the Report merely in order that some ground of accommodation might be proposed. Those opposed to the equality of votes have only assented conditionally; and if the other side do not generally agree will not be under any obligation to support the Report.

Mr. Wilson thought the Committee had exceeded their powers.

M^r Martin was for taking the question on the whole report.

M^r Wilson was for a division of the question; otherwise it w^d be a leap in the dark.

M^r Madison could not regard the privilege of originating money bills as any concession on the side of the small States. Experience proved that it had no effect. If seven States in the upper branch wished a bill to be originated, they might surely find some member from some of the same States in the lower branch who would originate it. The restriction as to amendments was of as little consequence. Amendments could be handed privately by the Senate to members in the other house. Bills could be negatived that they might be sent up in the desired shape. If the Senate should yield to the obstinacy of the 1^{st} branch the use of that body as a check would be lost. If the 1^{st} branch should yield to that of the Senate, the privilege would be nugatory. Experience had also shewn both in G. B. and the States having a similar regulation that it was a source of frequent & obstinate altercations. These considerations had produced a rejection of a like motion on a former occasion when judged by its own merits. It could not therefore be deemed any concession on the present, and left in force all the objections which had prevailed ag^{st} allowing each State an equal voice. He conceived that the Convention was reduced to the alternative of either departing from justice in order to conciliate the smaller States, and the minority of the people of the U. S. or of displeasing these by justly gratifying the larger States and the majority of the people. He could not himself hesitate as to the option he ought to make. The Convention with justice & the majority of the people on their side, had nothing to fear. With injustice and the minority on their side they had every thing to fear. It was in vain to purchase concord in the Convention on terms which would perpetuate discord among their Constituents. The Convention ought to pursue a plan which would bear the test of examination, which would be espoused & supported by the enlightened and impartial part of America, & which they could themselves vindicate and urge. It should be considered that altho' at first many may judge of the system reco[~m]ended, by their opinion of the Convention, yet finally all will judge of the Convention by the System. The merits of the System alone can finally & effectually obtain the public suffrage. He was not apprehensive that the people of the small States would obstinately refuse to accede to a Gov^t founded on just principles, and promising them substantial protection. He could not suspect that Delaware would brave the consequences of seeking her fortunes apart from the other States, rather than submit to such a Gov^t; much less could he suspect that she would pursue the rash policy of courting foreign support, which the warmth of one of her representatives (M^r Bedford) had suggested, or if she sh^d, that any foreign nation w^d be so rash as to hearken to the overture. As little could he suspect that the people of N. Jersey notwithstanding the decided tone of the gentlemen from that State, would choose rather to stand on their own legs, and bid defiance to events, than to acquiesce under an establishment founded on principles the justice of which they could not dispute, and absolutely necessary to redeem them from the exactions levied on them by the co[~m]erce of the neighbouring States. A review of other States would prove that there was as little reason to apprehend an inflexible opposition elsewhere. Harmony in the Convention was no doubt much to be desired. Satisfaction to all the States, in the first instance still more so. But if the principal States comprehending a majority of the people of the U. S. should concur in a just & judicious plan, he had the firmest hopes, that all the other States would by degrees accede to it.[126]

[126] Yates, and his colleague, Lansing, left the Convention
July 5, despairing of the result of its labors being
satisfactory to them. Madison's speech is the last one
reported by Yates.--Yates, _Secret Proceedings_, etc.

M^r Butler said he could not let down his idea of the people, of America so far as to believe they would from mere respect to the Convention adopt a plan evidently unjust. He did not consider the privilege concerning money bills as of any consequence. He urged that the 2^d branch ought to represent the States according to their property.

M^r Gov^r Morris, thought the form as well as the matter of the Report objectionable. It seemed in the first place to render amendments impracticable. In the next place, it seemed to involve a pledge to agree to the 2^d part if the 1^{st} sh^d be agreed to. He conceived the whole aspect of it to be wrong. He came here as a Representative of America; he flattered himself he came here in some degree as a Representative of the whole human race; for the whole human race will be affected by the proceedings of this Convention. He wished gentlemen to extend their views beyond the present moment of time; beyond the narrow limits of place from which they derive their political origin. If he were to believe some things which he had heard, he should suppose that we were assembled to truck and bargain for our particular States. He can not descend to think that any gentlemen are really actuated by these views. We must look forward to the effects of what we do. These alone ought to guide us. Much has been said of the sentiments of the people. They were unknown. They could not be known. All that we can infer is that if the plan we recommend be reasonable & right; all Who have reasonable minds and sound intentions will embrace it, notwithstanding what had been said by some gentlemen. Let us suppose that the larger States shall agree; and that the smaller refuse; and let us trace the consequences. The opponents of the system in the smaller States will no doubt make a party, and a noise for a time, but the ties of interest, of kindred & of common habits which connect them with other States will be too strong to be easily broken. In N. Jersey particularly he was sure a great many would follow the sentiments of Pen^a & N. York. This Country must be united. If persuasion does not unite it, the sword will. He begged that this consideration might have its due weight. The scenes of horror attending Civil commotion cannot be described, and the conclusion of them will be worse than the term of their continuance. The stronger party will then make traytors of the weaker; and the Gallows & Halter will finish the work of the sword. How far foreign powers would be ready to take part in the confusions he would not say. Threats that they will be invited have it seems been thrown out. He drew the melancholy picture of foreign intrusions as exhibited in the History of Germany, & urged it as a standing lesson to other nations. He trusted that the Gentlemen who may have hazarded such expressions, did not entertain them till they reached their own lips. But returning to the Report he could not think it in any respect calculated for the Public good. As the 2^d branch is now constituted, there will be constant disputes & appeals to the States which will undermine the Gen^l Government & controul & annihilate the 1^{st} branch. Suppose that the delegates from Mass^{ts} & Rho I. in the Upper House disagree, and that the former are outvoted. What Results? they will immediately declare that their State will not abide by the decision, and make such representations as will produce that effect. The same may happen as to Virg^a & other States. Of what avail then will be what is on paper. State attachments, and State importance have been the bane of this Country. We cannot annihilate; but we may perhaps take out the teeth of the serpents. He wished our ideas to be enlarged to the true interest of man, instead of being circumscribed within the narrow compass of a particular Spot. And after all how little can be the motive yielded by selfishness for such a policy. Who can say whether he himself, much less whether his children, will the next year be an inhabitant of this or that State.

M^r Bedford. He found that what he had said as to the small States being taken by the hand, had been misunderstood; and he rose to explain. He did not mean that the small States would court the aid & interposition of foreign powers. He meant that they would not consider the federal compact as dissolved untill it should be so by the Acts of the large States. In this case The consequences of the breach of faith on their part, and the readiness of the small States to fulfill their engagements, would be that foreign Nations having demands on this Country would find it their interest to take the small States by the hand, in order to do themselves justice. This was what he meant. But no man can foresee to what extremities the small States may be driven by oppression. He observed also in apology that some allowance ought to be made for the habits of his profession in which warmth was natural & sometimes necessary. But is there not an apology in what was said by (M^r Gov^r Morris) that the sword is to unite: by M^r Ghorum that Delaware must be annexed to Penn^a and N. Jersey divided between Pen^a and N. York. To hear such language without emotion, would be to renounce the feelings of a man and the duty of a Citizen--As to the propositions of the Committee, the lesser States have thought it necessary to have a security somewhere. This has been thought necessary for the Executive Magistrate of the proposed Gov^t who has a sort of negative on the laws; and is it not of more importance that the States should be protected, than that the Executive branch of the Gov^t sh^d be protected. In order to obtain this, the smaller States have conceded as to the constitution of the first branch, and as to money bills. If they be not gratified by correspondent concessions as to the 2^d branch is it to be supposed they will ever accede to the plan; and what will be the consequence if nothing should be done? The condition of the U. States requires that something should be immediately done. It will be better that a defective plan should be adopted, than that none should be recommended. He saw no reason why defects might not be supplied with meetings 10, 15, or 20 years hence.

M^r Elseworth said he had not attended the proceedings of the Committee, but was ready to accede to the compromise they had reported. Some compromise was necessary; and he saw none more convenient or reasonable.

M^r Williamson hoped that the expressions of individuals would not be taken for the sense of their colleagues, much less of their States which was not & could not be known. He hoped also that the meaning of those expressions would not be misconstrued or exaggerated. He did not conceive that (M^r Gov^r Morris) meant that the sword ought to be drawn ag^{st} the smaller States. He only pointed out the probable consequences of anarchy in the U. S. A similar exposition ought to be given of the expressions of (M^r Ghorum). He was ready to hear the Report discussed; but thought the propositions contained in it, the most objectionable of any he had yet heard.

M^r Patterson said that he had when the Report was agreed to in the Com^e reserved to himself the right of freely discussing it. He acknowledged that the warmth complained of was improper; but he thought the Sword & the Gallows little calculated to produce conviction. He complained of the manner in which M^r M and M^r Gov^r Morris had treated the small States.

M^r Gerry. Tho' he had assented to the Report in the Committee, he had very material objections to it. We were however in a peculiar situation. We were neither the same Nation nor different Nations. We ought not therefore to pursue the one or the other of these ideas too closely. If no compromise should take place what will be the consequence. A secession he foresaw would take place; for some gentlemen seem decided on it: two different plans will be proposed; and the result no man could foresee. If we do not come to some agreement among ourselves some foreign sword will probably do the work for us.

M^r Mason. The Report was meant not as specific propositions to be adopted; but merely as a general ground of accommodation. There must be some accommodation on this point, or we shall make little further progress in the work. Accommodation was the object of the House in the appointment of the Committee; and of the Committee in the Report they had made. And however liable the Report might be to objections, he thought it preferable to an appeal to the world by the different sides, as had been talked of by some Gentlemen. It could not be more inconvenient to any gentleman to remain absent from his private affairs, than it was for him; but he would bury his bones in this City rather than expose his Country to the Consequences of a dissolution of the Convention without any thing being done.

The 1^{st} proposition in the report for fixing the representation in the 1^{st} branch, "one member for every 40,000 inhabitants," being taken up.

M^r Gov^r Morris objected to that scale of apportionment. He thought property ought to be taken into the estimate as well as the number of inhabitants. Life & liberty were generally said to be of more value than property. An accurate view of the matter would nevertheless prove that property was the main object of Society. The Savage State was more favorable to liberty than the Civilized; and sufficiently so to life. It was preferred by all men who had not acquired a taste for property; it was only renounced for the sake of property which could only be secured by the restraints of regular Government. These ideas might appear to some new, but they were nevertheless just. If property then was the main object of Gov^t certainly it ought to be one measure of the influence due to those who were to be affected by the Govern^t. He looked forward also to that range of New States which w^d soon be formed in the West. He thought the rule of representation ought to be so fixed as to secure to the Atlantic States a prevalence in the National Councils. The new States will know less of the public interest than these, will have an interest in many respects different, in particular will be little scrupulous of involving the Community in wars the burdens & operations of which would fall chiefly on the maritime States. Provision ought therefore to be made to prevent the maritime States from being hereafter outvoted by them. He thought this might be easily done by irrevocably fixing the number of representatives which the Atlantic States should respectively have, and the number which each new State will have. This w^d not be unjust, as the Western settlers w^d previously know the conditions on which they were to possess their lands. It would be politic as it would reco[~m]end the plan to the present as well as future interest of the States which must decide the fate of it.

M^r Rutlidge. The gentleman last up had spoken some of his sentiments precisely. Property was certainly the principal object of Society. If numbers should be made the rule of representation, the Atlantic States will be subjected to the Western. He moved that the first proposition in the report be postponed in order to take up the following viz "that the suffrages of the several States be regulated and proportioned according to the sums to be paid towards the general revenue by the inhabitants of each State respectively: that an apportionment of suffrages, according to the ratio aforesaid shall be made and regulated at the end of ---- years from the 1^{st} meeting of the Legislature of the U. S., and at the end of every ---- years but that for the present, and until the period above mentioned, the suffrages shall be for N. Hampshire ---- for Massach^{ts} ---- &c.

Col. Mason said the case of new States was not unnoticed in the Committee; but it was thought and he was himself decidedly of opinion that if they made a part of the Union, they ought to be subject to no unfavorable discriminations. Obvious considerations required it.

M^r Randolph concurred with Col. Mason.

On Question on M^r Rutlidges motion,

Mas^{ts} no. Con^t no. N. Y. no. N. J. no. P^a no. Del. no.
Mary^d no. V^a no. N. C. no. S. C. ay. Geo. not on floor.

FRIDAY JULY 6^{TH} IN CONVENTION

M^r Gov^r Morris moved to commit so much of the Report as relates to "1 member for every 40,000 inhabitants." His view was that they might absolutely fix the number for each State in the first instance; leaving the Legislature at liberty to provide for changes in the relative importance of the States, and for the case of new States.

M^r Wilson 2^{ded} the motion; but with a view of leaving the Committee under no implied shackles.

M^r Ghorum apprehended great inconveniency from fixing directly the number of Representatives to be allowed to each State. He thought the number of Inhabitants the true guide; tho' perhaps some departure might be expedient from the full proportion. The States also would vary in their relative extent by separations of parts of the largest States. A part of Virg^a is now on the point of a separation. In the province of Mayne a Convention is at this time deliberating on a separation from Mas^{ts}. In such events the number of representatives ought certainly to be reduced. He hoped to see all the States made small by proper divisions, instead of their becoming formidable as was apprehended, to the Small States. He conceived that let the Gen^l Government be modified as it might, there would be a constant tendency in the State Governm^{ts} to encroach upon it: it was of importance therefore that the extent of the States sh^d be reduced as much & as fast as possible. The stronger the Gov^t shall be made in the first instance the more easily will these divisions be effected; as it will be of less consequence in the opinion of the States whether they be of great or small extent.

M^r Gerry did not think with his Colleague that the large States ought to be cut up. This policy has been inculcated by the middling and smaller States, ungenerously & contrary to the spirit of the Confederation. Ambitious men will be apt to solicit needless divisions, till the States be reduced to the size of Counties. If this policy should still actuate the small States, the large ones cou'd not confederate safely with them; but would be obliged to consult their safety by confederating only with one another. He favored the commitment and thought that Representation ought to be in the Combined ratio of numbers of Inhabitants and of wealth, and not of either singly.

M^r King wished the clause to be committed, chiefly in order to detach it from the Report with which it had no connection. He thought also that the Ratio of Representation proposed could not be safely fixed, since in a century & a half our computed increase of population would carry the number of representatives to an enormous excess; that y^e number of inhabitants was not the proper index of ability & wealth; that property was the primary object of Society; and that in fixing a ratio this ought not to be excluded from the estimate.--With regard to new States, he observed that there was something peculiar in the business which had not been noticed. The U. S. were now admitted to be proprietors of the Country N. West of the Ohio. Cong^s by one of their ordinances have impoliticly laid it out into ten States, and have made it a fundamental article of compact with those who may become settlers, that as soon as the number in any one state shall equal that of the smallest of the 13 original States, it may claim admission into the Union. Delaware does not contain it is computed more than 35,000 souls, and for obvious reasons will not increase much for a considerable time. It is possible then that if this plan be persisted in by Cong^s 10 new votes may be added, without a greater addition of inhabitants than are represented by the single vote of Pen^a. The plan as it respects one of the new States is already irrevocable, the sale of the lands having commenced, and the purchasers & settlers will immediately become entitled to all the privileges of the compact.

M^r Butler agreed to the Commitment if the Committee were to be left at liberty. He was persuaded that the more the subject was examined, the less it would appear that the number of inhabitants would be a proper rule of proportion. If there were no other objection the changeableness of the standard would be sufficient. He concurred with those who thought some balance was necessary between the old & the new States. He contended strenuously that property was the only just measure of representation. This was the great object of Govern^t; the great cause of war; the great means of carrying it on.