lution. It is of the sixth of September, 1774. The words are:

แ

"Resolved, that in determining questions in this Congress each Colony or Province shall have one "vote; the Congress not being possessed of, or at present able to procure, materials for ascertaining "the importance of each Colony."

On the question for agreeing to Mr. KING'S and Mr. WILSON's motion, it passed in the affirmative,— Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, aye-7; New York, New Jersey, Delaware, no-3; Maryland, divided.

It was then moved by Mr. RUTLEDGE, seconded by Mr. BUTLER, to add to the words, "equitable ratio of representation," at the end of the motion just agreed to, the words "according to the quotas of contribution." On motion of Mr. WILSON, Seconded by Mr. PINCKNEY, this was postponed; in order to add, after the words, "equitable ratio of representation," the words following: "in proportion to the whole number of white and other free citizens and inhabitants of every age, sex and condition, including those bound to servitude for a term of years, and three-fifths of all other persons not comprehended in the foregoing description, except Indians not paying taxes, in each State"-this being the rule in the act of Congress, agreed to by eleven States, for apportioning quotas of revenue on the States, and requiring a census only every five, seven, or ten years.

Mr. GERRY thought property not the rule of re- X presentation. Why, then, should the blacks, who

were property in the South, be in the rule of representation more than the cattle and horses of the North?

On the question,-Massachusetts, Connecticut, New York, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, aye-9; New Jersey, Delaware, no-2.2

200

Mr. SHERMAN moved, that a question be taken, whether each State shall have one vote in the second branch. Every thing, he said, depended on this. The smaller States would never agree to the plan on any other principle than an equality of suffrage in this branch. Mr. ELLSWORTH seconded the motion. On the question for allowing each State one vote in the second branch,-Connecticut, New York, New Jersey, Delaware, Maryland, aye-5; Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, no—6.

Mr. WILSON and Mr. HAMILTON moved, that the right of suffrage in the second branch ought to be according to the same rule as in the first branch.

On this question for making the ratio of representation, the same in the second as in the first branch, it passed in the affirmative, Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia,aye-6, Connecticut, New York, New Jersey, Delaware, Maryland, no-5,

The eleventh Resolution, for guaranteeing republican government and territory to each State, being considered, the words "or partition," were, on motion of Mr. MADISON, added after the words "voluntary junction,"-Massachusetts, New York, Pennsylvania, Virginia, North Carolina, South Carolina,

Georgia, aye-7; Connecticut, New Jersey, Delaware, Maryland, no-4.

Mr. READ disliked the idea of guaranteeing territory. It abetted the idea of distinct States, which would be a perpetual source of discord. There can be no cure for this evil but in doing away States altogether, and uniting them all into one great society.

Alterations having been made in the Resolution, making it read, "that a Republican constitution, and its existing laws, ought to be guaranteed to each State by the United States," the whole was agreed to, nem. con.

The thirteenth Resolution, for amending the national Constitution, hereafter, without consent of the national Legislature, being considered, several members did not see the necessity of the Resolution at all, nor the propriety of making the consent of the National Legislature unnecessary.

Col. MASON urged the necessity of such a provision. The plan now to be formed will certainly be defective, as the Confederation has been found on trial to be. Amendments, therefore, will be necessary; and it will be better to provide for them in an easy, regular and constitutional way, than to trust to chance and violence. It would be improper to require the consent of the National Legislature, because they may abuse their power, and refuse their assent on that very account. The opportunity for such an abuse may be the fault of the Constitution calling for amendment.

Mr. RANDOLPH enforced these arguments.

The words, "without requiring the consent of the

National Legislature," were postponed. The other provision in the clause passed, nem. con.

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The fourteenth resolution, requiring oaths from the members of the State Governments to observe the national Constitution and laws, being considered,

Mr. SHERMAN Opposed it, as unnecessarily intruding into the State jurisdictions.

Mr. RANDOLPH considered it necessary to prevent that competition between the national Constitution and laws, and those of the particular States, which had already been felt. The officers of the States are already under oath to the States. To preserve a due impartiality they ought to be equally bound to the National Government. The national authority needs every support we can give it. The Executive and Judiciary of the States, notwithstanding their nominal independence on the State Legislatures, are in fact so dependent on them, that unless they be brought under some tie to the National System, they will always lean too much to the State systems, whenever a contest arises between the two.

Mr. GERRY did not like the clause. He thought there was as much reason for requiring an oath of fidelity to the States from national officers, as vice

versa.

Mr. LUTHER MARTIN moved to strike out the words requiring such an oath from the State officers, viz.: "within the several States," observing, that if the new oath should be contrary to that already taken by them, it would be improper; if coincident, the oaths already taken will be sufficient.

On the question for striking out as proposed by Mr. L. MARTIN,-Connecticut, New Jersey, Delaware, Maryland, aye-4; Massachusetts, New York, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, no-7.

Question on the whole Resolution as proposed by Mr. RANDOLPH, Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, aye-6; Connecticut, New York, New Jersey, Delaware, Maryland, no-5.23

The Committee rose, and the House adjourned.

TUESDAY, JUNE 12TH.

In Committee of the Whole,-The question was taken on the fifteenth Resolution, to wit, referring the new system to the people of the United States for ratification. It passed in the affirmative,-Massachusetts, Pennsylvania,* Virginia, North Carolina, South Carolina, Georgia, aye—6; Connecticut, New York, New Jersey, no-3; Delaware, Maryland, divided.204

Mr. SHERMAN and Mr. ELLSWORTH moved to fill the blank left in the fourth Resolution, for the periods of electing the members of the first branch, with the words, "every year;" Mr. SHERMAN observing that he did it in order to bring on some question.

Mr. RUTLEDGE proposed "every two years."

Mr. JENIFER proposed, "every three years;" observing that the too great frequency of elections ren

Pennsylvania omitted in the printed Journal. The vote is there entered as of June 11th.