Connecticut, New York, New Jersey, Delaware, Maryland, North Carolina, ay, 6; Pennsylvania, Virginia, South Carolina, no, 3; Massachusetts, Georgia, divided.*

Mr. GERRY thought it would be proper to proceed to enumerate and define the powers to be vested in the general government, before a question on the report should be taken as to the rule of representation in the second branch.

Mr. MADISON observed, that it would be impossible to say what powers could be safely and properly vested in the government, before it was known in what manner the states were to be represented in it. He was apprehensive that, if a just representation were not the basis of the government, it would happen, as it did when the Articles of Confederation were depending, that every effectual prerogative would be withdrawn or withheld, and the new government would be rendered as impotent and as short-lived as the old.

Mr. PATTERSON would not decide whether the privilege concerning money bills were a valuable consideration or not; but he considered the mode and rule of representation in the first branch as fully so; and that after the establishment of that point, the small states would never be able to defend themselves without an equality of votes in the second branch. There was no other ground of accommodation. His resolution was fixed. He would meet the large states on that ground, and no other. For himself, he should vote against the report, because it yielded too much.

Mr. GOUVERNEUR MORRIS. He had no resolution unalterably fixed except to do what should finally appear to him right. He was against the report because it maintained the improper constitution of the second branch. It made it another Congress, a mere whisp of straw. It had been said (by Mr. Gerry) that the new government would be partly national, partly federal; that it ought, in the first quality, to protect individuals; in the second, the states. But in what quality was it to protect the aggregate interest of the whole? Among the many provisions which had been urged, he had seen none for supporting the dignity and splendor of the American empire. It had been one of our greatest misfortunes that the great objects of the nation had been sacrificed constantly to local views; in like manner as the general interest of states had been sacrificed to those of the counties. What is to be the check in the Senate? None; unless it

be to keep the majority of the people from injuring particular states. But particular states ought to be injured for the sake of a majority of the people, in case their conduct should deserve it. Suppose they should insist on claims evidently unjust, and pursue them in a manner detrimental to the whole body: suppose they should give themselves up to foreign influence: ought they to be protected in such cases? They were originally nothing more than colonial corporations. On the declaration of independence, a government was to be formed. The small states, aware of the necessity of preventing anarchy, and

* Several votes were given here in the affirmative, or were divided, because another final question was to be taken on the whole report.

taking advantage of the moment, extorted from the large ones an equality of votes. Standing now on that ground, they demand, under the new system, greater rights, as men, than their fellow-citizens of the large states. The proper answer to them is, that the same necessity, of which they formerly took advantage, does not now exist; and that the large states are at liberty now to consider what is right, rather than what may be expedient. We must have an efficient government, and if there be an efficiency in the local governments, the former is impossible. Germany alone proves it. Notwithstanding their common Diet, notwithstanding the great prerogatives of the emperor, as head of the empire, and his vast resources, as sovereign of his particular dominions, no union is maintained; foreign influence disturbs every internal operation, and there is no energy whatever in the general government. Whence does this proceed? From the energy of the local authorities; from its being considered of more consequence to support the Prince of Hesse than the happiness of the people of Germany. Do gentlemen wish this to be the case here? Good God, sir, is it possible they can so delude themselves? What if all the charters and constitutions of the states were thrown into the fire, and all their demagogues into the ocean what would it be to the happiness of America? And will not this be the case here, if we pursue the train in which the business lies? We shall establish an Aulic Council without an emperor to execute its decrees. The same circumstances which unite the people here, unite them in Germany. They have there a common language, a common law, common usages and manners, and a common interest in being united; yet their local jurisdictions destroy every tie. The case was the same in the Grecian states. The United Netherlands are at this time torn in factions. With these examples before our eyes, shall we form establishments which must necessarily produce the same effects? It is of no consequence from what districts the second branch shall be drawn, if it be so constituted as to yield an asylum against these evils. As it is now constituted, he must be against its being drawn from the states in equal portions; but shall be ready to join in devising such an amendment of the plan, as will be most likely to secure our liberty and happiness.

Mr. SHERMAN and Mr. ELLSWORTH moved to postpone the question on the report from the committee of a member from each state, in order to wait for the report from the committee of five last appointed,

Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, ay, 6; New York, Virginia, North Carolina, South Carolina, Georgia, no, 5. Adjourned.

MONDAY, July 9.

In Convention. Mr. Daniel Carroll, from Maryland, took his seat. Mr. GOUVERNEUR MORRIS delivered a report from the committee of five members, to whom was committed the clause in the report of the committee consisting of a member from each state, sta

ting the proper ratio of representatives in the first branch to be as one to every forty thousand inhabitants, as follows, viz:

"The committee to whom was referred the first clause of the first proposition reported from the grand committee, beg leave to report:

"That, in the first meeting of the legislature, the first branch thereof consist of fifty-six members, of which number New Hampshire shall have 2, Massachusetts, 7, Rhode Island, 1, Connecticut, 4, New York, 5, New Jersey, 3, Pennsylvania, 8, Delaware, 1, Maryland, 4, Virginia, 9, North Carolina, 5, South Carolina, 5, Georgia, 2. "But, as the present situation of the states may probably alter, as well in point of wealth as in the number of their inhabitants, that the legislature be authorized from time to time to augment the number of representatives. And in case any of the states shall hereafter be divided, or any two or more states united, or any new states created within the limits of the United States, the legislature shall possess authority to regulate the number of representatives, in any of the foregoing cases, upon the principles of their wealth and number of inhabitants.”

Mr. SHERMAN wished to know on what principles or calculations the report was founded. It did not appear to correspond with any rule of numbers, or of any requisition hitherto adopted by Con

gress.

outset.

Mr. GORHAM. Some provision of this sort was necessary in the The number of blacks and whites, with some regard to supposed wealth, was the general guide. Fractions could not be observed. The legislature is to make alterations from time to time, as justice and propriety may require. Two objections prevailed against the rule of one member for every forty thousand inhabitants. The first was, that the representation would soon be too numerous; the second, that the Western States, who may have a different interest, might, if admitted on that principle, by degrees outvote the Atlantic. Both these objections are removed. The number will be small in the first instance, and may be continued so. And the Atlantic States, having the government in their own hands, may take care of their own interest, by dealing out the right of representation in safe proportions to the Western States. These were the views of the committee. Mr. L. MARTIN wished to know whether the committee were guided in the ratio by the wealth or number of inhabitants of the states, or both; noting its variations from former apportionments by Congress.

Mr. GOUVERNEUR MORRIS and Mr. RUTLEDGE moved to postpone the first paragraph, relating to the number of members to be allowed each state in the first instance, and to take up the second paragraph, authorizing the legislature to alter the number from time to time, according to wealth and inhabitants. The motion was agreed

to, nem. con.

On the question on the second paragraph, taken without any debate,

Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, ay, 9; New York, New Jersey, no, 2.

Mr. SHERMAN moved to refer the first part, apportioning the representatives, to a committee of a member from each state.

Mr. GOUVERNEUR MORRIS seconded the motion, observing that this was the only case in which such committees were useful.

Mr. WILLIAMSON thought it would be necessary to return to the rule of numbers, but that the Western States stood on different footing. If their property should be rated as high as that of the Atlantic States, then their representation ought to hold a like proportion; otherwise, if their property was not to be equally rated.

Mr. GOUVERNEUR MORRIS. The report is little more than a guess. Wealth was not altogether disregarded by the committee. Where it was apparently in favor of one state, whose numbers were superior to the numbers of another by a fraction only, a member extraordinary was allowed to the former, and so vice versa. The committee meant little more than to bring the matter to a point for the consideration of the House.

Mr. READ asked why Georgia was allowed two members, when her number of inhabitants had stood below that of Delaware.

Mr. GOUVERNEUR MORRIS. Such is the rapidity of the population of that state, that, before the plan takes effect, it will probably be entitled to two representatives.

Mr. RANDOLPH disliked the report of the committee, but had been unwilling to object to it. He was apprehensive that, as the number was not to be changed till the national legislature should please, a pretext would never be wanting to postpone alterations, and keep the power in the hands of those possessed of it. He was in favor of the commitment to a member from each state.

Mr. PATTERSON considered the proposed estimate for the future, according to the combined rules of numbers and wealth, as too vague. For this reason New Jersey was against it. He could regard negro slaves in no light but as property. They are no free agents, have no personal liberty, no faculty of acquiring property, but on the contrary are themselves property, and, like other property, entirely at the will of the master. Has a man in Virginia a number of votes in proportion to the number of his slaves? and if negroes are not represented in the states to which they belong, why should they be represented in the general government? What is the true principle of representation? It is an expedient by which an assembly of certain individuals, chosen by the people, is substituted in place of the inconvenient meeting of the people themselves. If such a meeting of the people was actually to take place, would the slaves vote? They would not. Why then should they be represented? He was also against such an indirect encouragement of the slave trade, observing, that Congress, in their act relating to the change of the eighth article of Confederation, had been ashamed to use the term " slaves," and had substituted a description.

Mr. MADISON reminded Mr. Patterson that his doctrine of representation, which was, in its principle, the genuine one, must forever silence the pretensions of the small states to an equality of votes with the large ones. They ought to vote in the same proportion in which their citizens would do if the people of all the states were collectively met. He suggested, as a proper ground of compromise, that, in the

first branch, the states should be represented according to their number of free inhabitants, and, in the second, which had, for one of its primary objects, the guardianship of property, according to the whole number, including slaves.

Mr. BUTLER urged warmly the justice and necessity of regarding wealth in the apportionment of representation.

Mr. KING had always expected that, as the Southern States are the richest, they would not league themselves with the Northern, unless some respect were paid to their superior wealth.

If the latter expect those preferential distinctions in commerce, and other advantages which they will derive from the connection, they must not expect to receive them without allowing some advantages in return. Eleven out of thirteen of the states had agreed to consider slaves in the apportionment of taxation, and taxation and representation ought to go together.

On the question for committing the first paragraph of the report to a member from each state,

Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, ay, 9; New York, South Carolina, no, 2.

The committee appointed were Messrs. King, Sherman, Yates, Brearly, Gouverneur Morris, Read, Carroll, Madison, Williamson, Rutledge, Houston. Adjourned.

-

TUESDAY, July 10.

In Convention. Mr. KING reported, from the committee yesterday appointed, "that the states, at the first meeting of the general legislature, should be represented by sixty-five members, in the fol lowing proportions, to wit:

New Hampshire, by 3; Massachusetts, 8; Rhode Island, 1; Connecticut, 5; New York, 6; New Jersey, 4; Pennsylvania, 8; Delaware, 1; Maryland, 6; Virginia, 10; North Carolina, 5; South Carolina, 5; Georgia, 3.

Mr. RUTLEDGE moved that New Hampshire be reduced from three to two members. Her numbers did not entitle her to three. and it was a poor state.

Gen. PINCKNEY seconds the motion.

Mr. KING. New Hampshire has probably more than 120,000 inhabitants, and has an extensive country, of tolerable fertility. Its inhabitants may therefore be expected to increase fast. He remarked that the four Eastern States, having 800,000 souls, have one third fewer representatives than the four Southern States, having not more than 700,000 souls, rating the blacks as five for three. The eastern people will advert to these circumstances, and be dissatisfied. He believed them to be very desirous of uniting with their southern brethren, but did not think it prudent to rely so far on that disposition as to subject them to any gross inequality. He was fully convinced that the question concerning a difference of interests did not lie where it had hitherto been discussed, between the great and small states; but between the southern and eastern. For this reason he had been ready to yield something, in the proportion of representa