456

ARTICLE XVI.

North Carolina and South Carolina)

If two thirds of the Legislature of the States apply for the same, the Legislature of the United States shall call a convention for the purpose of amending the Constitution or, should Congress, with the consent of two thirds of each House, propose to the States amendments to the same, agreement of two thirds of the Legislatures of the States shall be sufficient to make the said amendments parts of the Constitution.

The ratification of the .....

conventions of States shall be sufficient for organizing

this Constitution.

Ordered that the said draft be referred to the Committee of the Whole appointed to consider the state of the American Union.

The Virginia plan was referred to the committee of the whole and debated and amended with great care during the next two weeks.* On May 30 discussion began, when Randolph moved that "A national government ought to be established consisting of supreme legislative, executive, and judiciary." C. C. Pinckney said that this was beyond the power of the Convention, as they were supposed only to revise the existing Articles of Confederation.‡ The premacy of the Federal government was then questioned, but Madison said that a National government ought to be established and not a "federal one

su

among sovereign states." It was decided that the States should give way to the Federal government when their powers conflicted, six States (Massachusetts, Pennsylvania, Delaware, Virginia,

Bancroft, vol. vi., pp. 215–230.

Hunt's ed. of Madison's Writings, vol. iii.,

p. 37.

Hunt, Madison's Journal, vol. i., p. 33.

|| Gilpin, Madison Papers, vol. ii., p. 752.

voting in favor of this, while Connecticut voted against and New York was divided.*

The New Jersey delegation was seated the next day (May 31) and then the third resolution, that the national legislature should consist of two branches, was passed, Pennsylvania alone dissenting, probably because of complaisance to Franklin's known partiality to a single house.† The fourth resolution, regarding the popular election of representatives, provoked an animated discussionElbridge Gerry, Roger Sherman, Martin, Rutledge and the two Pinckneys speaking against it, and George Mason, Madison, Hamilton, Wilson, and Dickinson in favor. Gerry said: "The evils we experience flow from the excess of democracy. The people do not want virtue but are the dupes of pretended patriots," but Wilson said, "Without the confidence of the people no government, least of all a republican government, can long subsist. ** The election of the first branch by the people is not the corner-stone only but the foundation of the fabric," while Hamilton added the weight of his influence by saying: "It is essential to the democratic

rights of the community that the first branch be directly elected by the

Hunt, Madison's Journal, vol. i., p. 36; McLaughlin, The Confederation and the Constitution, pp. 195-196; Curtis, Constitutional History, vol. i., p. 333, note.

Hunt, Madison's Journal, vol. i., p. 39.

458

South Carolina). Gerry said that often the worst men would succeed in getting into the legislature;* Wilson and George Mason argued in favor of popular elections;† while Dickinson declared that one branch of the legislature should be drawn immediately from the people and that the State legislatures ought to choose the other. by a vote of ten States that the second branch should be chosen as Mr. Dickinson suggested.||

On June 7 it was decided

Thus far all had gone comparatively smoothly, but the rock upon which the convention split and nearly foundered was the subject of representation in the two legislative branches of the government, the question being first brought up by William Patterson of New Jersey on June 9.§ Judge David Brearly of New Jersey spoke first against basing the representation on population and he was followed by Patterson, both using practically the same arguments. Brearly said that according to the Virginia plan Virginia, Massachusetts, and Pennsylvania would carry everything before them. He said that

"It was known to him, from facts within New Jersey, that where large and small counties were united into a district for electing representatives for the district, the large counties always carried

* Ibid, vol. i., p. 84.

† Hunt's ed. of Madison's Writings, vol. iii., p. 101; Hunt, Madison's Journal, vol. i., pp. 8485, 86.

Ibid, vol. i., p. 89.

| Ibid, vol. i., PP. 94-101.

§ Schouler, United States, vol. i., p. 23.

their point, and consequently the large States would do so. Virginia with her sixteen votes will be a solid column indeed, a formidable phalanx. While Georgia with her solitary vote and the other little States will be obliged to throw them. selves constantly into the scale of some large one, in order to have any weight at all. * Is it fair, then, it will be asked, that Georgia should have an equal vote with Virginia? He would not say it was. What remedy, then? Only one: that a map of the United States be spread out, that all the existing boundaries be erased, and that a new partition of the whole be made into thirteen equal parts." *

After saying that the Convention should keep within the limits prescribed in order that it might not be charged with usurpation, Patterson said:

"A Confederacy supposes sovereignty in the members composing it, and sovereignty supposes equality. If we are to be considered as a nation, all state distinctions must be abolished, the whole must be thrown into hotchpot, and when an equal division is made, then there may be fairly an equality of representation.” †

injustice of giving 150,000 men in one part of the country as much weight in the government as 750,000 in another part.

"The gentlemen from New Jersey is candid," he said. "He declares his opinions boldly. I commend him for it. I will be equally candid. *** I will never confederate on his principles." Gunning Bedford of Delaware was especially violent He said:

"Pretenses to support ambition are never wanting. The cry is, where is the danger? and it is insisted that although the powers of the general government will be increased, yet it will be for the good of the whole; and although the three great states form nearly a majority of the people of America, they never will injure the lesser states. Gentlemen, I do not trust you. If you possess the power the abuse of it could not be checked; and what then would prevent you from exercising it to our destruction? Sooner than be ruined, there are foreign powers who will take us by the hand. I say this not to threaten nor intimidate, but that we should reflect seriously before we act."

Rufus King rebuked this speech by saying, "I am concerned for what fell from the gentleman from Delaware- take a foreign power by the hand. I am sorry he mentioned it and I hope he is able to excuse it to himself on the score of passion." *

According to Martin, "the convention was on the verge of dissolution, scarce held together by the strength of a hair," the delegates from Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina and Georgia favoring representation in proportion to their importance, while the delegates from Connecticut, New

459

York, New Jersey, Delaware and Maryland opposed it from various motives. Patterson said that the small States could not be compelled to accept disagreeable conditions and that New Jersey [would] never confederate on the plan before the Committee. She would be swallowed up. He had rather submit to a monarch, to a despot, than to such a fate. He would not only oppose here but on his return home [would] do every thing in his power to defeat it there."* Again Wilson asked:

*

"Are not the citizens of Pennsylvania equal to those of New Jersey? Does it require one hundred and fifty of the former to balance the latter? * * If the small states will not confederate on this plan Pennsylvania and we presume some other states would not confederate on any other. We have been told that each state is sovereign, all are equal, so each man is naturally a sovereign over himself and all men are therefore virtually equal. Can he retain this equality when he becomes a member of Civil Government? He cannot. As little can a sovereign state when it becomes a member of a federal government. If New Jersey will not part with her sovereignity, it is vain to talk of a government."†

However, the small State men were no match for their opponents, and on June 11 a motion was carried in favor of "equitable" rather than equal representation. Seven States (Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, and Georgia) voted for proportional representation in the first branch, and three (New

Hunt's ed. of Madison's Writings, vol. iii., pp. 133-134; Hunt, Madison's Journal, vol. i., p. 113.

Hunt's ed. of Madison's Writings, vol. iii., p. 135; Hunt, Madison's Journal, vol. i., pp. 113114.

460

York, New Jersey, and Delaware) against (Maryland being divided),* while the vote stood six to five for proportional representation in the second branch,t Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, and Georgia voting in favor, while Connecticut, New York, New Jersey, Delaware, and Maryland voted against. The remaining topics of the Virginia plan were now taken into consideration until June 13 when the last one was disposed of. The committee of the whole then reported to the House, and the next day was fixed for the consideration of the report.||

Patterson of New Jersey now obtained permission to submit an entirely different plan and on June 15 he read the New Jersey plan, which was as follows:

1. Resolved, That the Articles of Confederation ought to be so revised, corrected and enlarged, as to render the federal Constitution adequate to the exigencies of government, and the preservation of the Union.

2. Resolved, That, in addition to the powers vested in the United States in Congress by the present existing Articles of Confederation, they be authorized to pass acts for raising a revenue, by levying a duty or duties on all goods or merchandise of foreign growth or manufacture, imported into any part of the United States, by stamps on paper, vellum, or parchment; and by a

postage on all letters or packages passing through the general post-office;-to be applied to such federal purposes as they shall deem proper and expedient: to make rules and regulations for the collection thereof; and the same, from time to time, to alter and amend in such manner as they shall think proper: to pass acts for the regulation of trade and commerce, as well with foreign nations as with each other;— provided that all punishments, fines, forfeitures, and penalties, to be incurred for contravening such acts, rules and regulations, shall be adjudged by the common-law judiciaries of the state in which any offence contrary to the true intent and meaning of such acts, rules and regulations, shall have been committed or perpetrated, with liberty of commencing in the first instance all suits and prosecutions for that purpose in the superior common-law judiciary in such state; subject, nevertheless, for the correction of all errors, both in law and fact, in rendering judgment, to an appeal to the judiciary of the United States.

3. Resolved, That whenever requisitions shall be necessary, instead of the rule for making requisitions mentioned in the Articles of Confederation, the United States in Congress be authorized to make such requisitions 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; that, if such requisitions be not complied with in the time specified therein, to direct the collection thereof in the non-complying states, and for that purpose to devise and pass acts directing and authorizing the same; provided, that none of the powers hereby vested in the United States in Congress shall be exercised without the consent of at least states; and in that proportion, if the number of confederated states should hereafter be increased or diminished.

4. Resolved, That the United States in Congress be authorized to elect a federal executive, to consist of ...... persons; to continue in office for the term of... years; to receive punctually, at stated times, a fixed compensation for their services, in which no increase or diminution shall be made so as to affect the persons composing the executive at the time of such increase or diminution; to be paid out of the federal treasury; to be incapable of holding any other office or appointment during their time of service, and for ...... years thereafter; to be ineligible a second time, and removable by Congress, on application by a