this occasion appeared, I hope it will not be repeated; for we are sent here to consult, not to contend, with each other; and declarations of a fixed opinion, and of determined resolution never to change it, neither enlighten nor convince Positiveness and warmth on one side naturally beget their like on the other, and tend to create and augment discord and division, in a great concern wherein harmony and union are extremely necessary to give weight to our councils, and render them effectual in promoting and securing the common good.

us.

"I must own, that I was originally of opinion it would be better if every member of Congress, or our national Council, were to consider himself rather as a representative of the whole, than as an agent for the interests of a particular State; in which case the proportion of members for each State would be of less consequence, and it would not be very material whether they voted by States or individually. But as I find this is not to be expected, I now think the number of representatives should bear some proportion to the number of the represented; and that the decisions should be by the majority of members, not by the majority of the States. This is objected to from an apprehension that the greater States would then swallow up the smaller. I do not at present clearly see what advantage the greater States could propose to themselves by swallowing up the smaller, and therefore do not apprehend they would attempt it. I recollect that, in the beginning of this century, when the union was proposed of the two kingdoms, England and Scotland, the Scotch patriots were full of fears, that unless they had an equal number of representatives in Parliament, they should be ruined by the superiority of the English. They finally agreed, however, that the different proportions of importance in the union of the two nations should be attended to, whereby they were to have only forty members in the House of Commons, and only sixteen in the House of Lords. A very great inferiority of members! And yet to this day I do not recollect that anything has been done

in the Parliament of Great Britain to the prejudice of Scotland; and whoever looks over the lists of public officers, civil and military, of that nation, will find, I believe, that the North Britons enjoy at least their full proportion of emolument.

"But, sir, in the present mode of voting by States, it is equally in the power of the lesser States to swallow up the greater; and this is mathematically demonstrable. Suppose, for example, that seven smaller States had each three members in the House, and the six larger to have, one with another six members, and that, upon a question, two members of each smaller State should be in the affirmative, and one in the negative, they would make:-affirmatives, 14; negatives, 7; and that all the larger States should be unanimously in the negative, they would make, negatives, 36; in all, affirmatives, 14, negatives, 43.

"It is, then, apparent, that the fourteen carry the question against the forty-three, and the minority overpowers the majority, contrary to the common practice of assemblies in all countries and ages.

"The greater States, sir, are naturally as unwilling to have their property left in the disposition of the smaller, as the smaller are to have theirs in the disposition of the greater. An honorable gentleman has, to avoid this difficulty, hinted a proposition of equalizing the States. It appears to me an equitable one, and I should, for my own part, not be against such a measure, if it might be found practicable. Formerly, indeed, when almost every province had a different constitution, some with greater, others with fewer, privileges, it was of importance to the borderers, when their boundaries were contested, whether, by running the division lines, they were placed on one side or the other. At present, when such differences are done away, it is less material. The interest of a State is made up of the interests of its individual members. If they are not injured, the State is not injured. Small States are, more easily well and happily governed than large ones. If, therefore, in

such an equal division, it should be found necessary to diminish Pennsylvania, I should not be averse to the giving a part of it to New Jersey, and another to Delaware. But as there would probably be considerable difficulties in adjusting such a division; and, however equally made at first, it would be continually varying by the augmentation of inhabitants in some States, and their fixed proportion in others, and thence frequently occasion new divisions Ì beg leave to propose, for the consideration of the Committee, another mode, which appears to me to be as equitable, more easily carried into practice, and more permanent in its nature.

"Let the weakest State say what proportion of money or force it is able and willing to furnish for the general purposes of the Union:

"Let all the others oblige themselves to furnish each an equal proportion:

"The whole of these joint supplies to be absolutely in the disposition of Congress:

"The Congress in this case to be composed of an equal number of delegates from each State:

"And their decisions to be by the majority of individual members voting.

"If these joint and equal supplies should, on particular occasions, not be sufficient, let Congress make requisitions on the richer and more powerful States for further aids, to be voluntarily afforded, leaving to each State the right of considering the necessity and utility of the aid desired, and of giving more or less as it should be found proper.

"This mode is not new. It was formerly practiced with success by the British government with respect to Ireland and the Colonies. We sometimes gave even more than they expected, or thought just to accept; and in the last war, carried on while we were united, they gave us back in five years a million sterling. We should probably have continued such voluntary contributions, whenever the occasions appeared to require them for the common good of

the Empire. It was not till they chose to force us, and to deprive us of the merit and pleasure of voluntary contributions, that we refused and resisted. These contributions, however, were to be disposed of at the pleasure of a government in which we had no representative. I am, therefore, persuaded, that they will not be refused to one in which the representation shall be equal.

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My learned colleague (Mr. WILSON) has already mentioned, that the present method of voting by States was submitted to originally by Congress under a conviction of its impropriety, inequality, and injustice. This appears in the words of their resolution. It is of the sixth of September, 1774. The words are:

"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 representation. 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,

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