Icould have done under the Federal Articles.

And could

not Congress propose, by virtue of the last Article, a change in any article whatever,—and as well that relating to the equality of suffrage, as any other? He made these remarks to obviate some scruples which had been expressed. He doubted much the practicability of annihilating the States; but thought that much of their power ought to be taken from them.

Mr. MARTIN said, he considered that the separation from Great Britain placed the thirteen States in a state of nature towards each other; that they would have remained in that state till this time, but for the Confederation; that they entered into the Confederation on the footing of equality; that they met now to amend it, on the same footing; and that he could never accede to a plan that would introduce an inequality, and lay ten States at the mercy of Virginia, Massachusetts and Pennsylvania.

Mr. WILSON could not admit the doctrine that when the colonies became independent of Great Britain, they became independent also of each other. He read the Declaration of Independence, observing thereon, that the United Colonies were declared to be free and independent States; and inferring, that they were independent, not individually but unitedly, and that they were confederated, as they were independent States.

Colonel HAMILTON assented to the doctrine of Mr. WILSON. He denied the doctrine that the States were thrown into a state of nature. He was not yet prepared to admit the doctrine that the Confederacy could be dissolved by partial infractions of it. He admitted that the States met now on an equal footing, but could see no inference from that against concerting a change of the system in this particular. He took this occasion of observing, for the purpose of appeasing the fear of the small States, that two circumstances would render them secure under a national Government in which they might lose the equality of rank which they now held: one was the local situation of the

three largest States, Virginia, Massachusetts and Pennsylvania. They were separated from each other by distance of place, and equally so, by all the peculiarities which distinguish the interests of one State from those of another. No combination, therefore, could be dreaded. In the second place, as there was a gradation in the States, from Virginia, the largest, down to Delaware, the smallest, it would always happen that ambitious combinations among a few States might and would be counteracted by defensive combinations of greater extent among the rest. No combination has been seen among the large counties, merely as such, against lesser counties. The more close the union of the States, and the more complete the authority of the whole, the less opportunity will be allowed to the stronger States to injure the weaker.

Adjourned.

WEDNESDAY, JUNE 20TH.

In Convention,- Mr. WILLIAM BLOUNT, from North Carolina, took his seat.

The first Resolution of the Report of the Committee of the Whole being before the House

Mr. ELLSWORTH, seconded by Mr. GORHAM, moves to alter it, so as to run "that the government of the United States ought to consist of a supreme Legislative, Execu- . tive and Judiciary." This alteration, he said, would drop the word national, and retain the proper title "the United States." He could not admit the doctrine that a breach of any of the Federal Articles could dissolve the whole. It would be highly dangerous not to consider the Confederation as still subsisting. He wished, also, the plan of the Convention to go forth as an amendment of the Articles of the Confederation, since, under this idea the authority of the Legislatures could ratify it. If they are unwilling, the people will be so too. If the plan goes forth to the people for ratification, several succeeding conventions within the States would be unavoidable. He did not like these con

ventions. They were better fitted to pull down than to

build up constitutions.

Mr. RANDOLPH did not object to the change of expression, but apprised the gentleman who wished for it, that he did not admit it for the reasons assigned; particularly that of getting rid of a reference to the people for ratification. The motion of Mr. ELLSWORTH was acquiesced in, nem.

con.

The second Resolution, "that the national legislature ought to consist of two branches," being taken word "national" struck out, as of course.

up, the

Mr. LANSING observed, that the true question here was, whether the Convention would adhere to, or depart from, the foundation of the present confederacy; and moved, instead of the second Resolution, "that the powers of legislation be vested in the United States in Congress." He had already assigned two reasons against such an innovation as was proposed,-first, the want of competent powers in the Convention; secondly, the state of the public mind. It had been observed by (Mr. MADISON), in discussing the first point, that in two States the Delegates to Congress were chosen by the people. Notwithstanding the first appearance of this remark, it had in fact no weight, as the Delegates, however chosen, did not represent the people, merely as so many individuals; but as forming a sovereign State. Mr. RANDOLPH put it, he said, on its true footing, namely that the public safety superseded the scruple arising from the review of our powers. But in order to feel the force of this consideration, the same impression must be had of the public danger. He had not himself the same impression, and could not therefore dismiss his scruple. Mr. WILSON contended, that, as the Convention were only to recommend, they might recommend what they pleased. He differed much from him. Any act whatever of so respectable a body must have a great effect; and if it does not succeed will be a source of great dissensions. He admitted that there was no certain criterion of the public mind on the subject. He

therefore recurred to the evidence of it given by the opposition in the States to the scheme of an Impost. It could not be expected that those possessing sovereignty could ever voluntarily part with it. It was not to be expected from any one State, much less from thirteen. He proceeded to make some observations on the plan itself, and the arguments urged in support of it. The point of representation could receive no elucidation from the case of England. The corruption of the boroughs did not proceed from their comparative smallness; but from the actual fewness of the inhabitants, some of them not having more than one or two. A great inequality existed in the counties of England. Yet the like complaint of peculiar corruption in the small ones had not been made. It had been said that Congress represent the State prejudices,-will not any other body whether chosen by the Legislatures or people of the States, also represent their prejudices? It had been asserted by his colleague (Colonel HAMILTON), that there was no coincidence of interests among the large States that ought to excite fears of oppression in the smaller. If it were true that such a uniformity of interests existed among the States, there was equal safety for all of them whether the representation remained as heretofore, or were proportioned as now proposed. It is proposed that the General Legislature shall have a negative on the laws of the States. Is it conceivable that there will be leisure for such a task? There will, on the most moderate calculation, be as many acts sent up from the States as there are days in the year. Will the members of the General Legislature be competent judges? Will a gentleman from Georgia be a judge of the expediency of a law which is to operate in New Hampshire? Such a negative would be more injurious than that of Great Britain heretofore was. It is said that the National Government must have the influence arising from the grant of offices and honors. In order to render such a government effectual, he believed such an influence to be necessary. But if the States will not agree to it, it is in vain, worse than in vain,

to make the proposition. If this influence is to be attained, the States must be entirely abolished. Will any one say, this would ever be agreed to? He doubted whether any General Government, equally beneficial to all, can be attained. That now under consideration, he is sure, must be utterly unattainable. He had another objection. The system was too novel and complex. No man could foresee what its operation will be, either with respect to the General Government, or the State Governments. One or other, it has been surmised, must absorb the whole.

Col. MASON did not expect this point would have been reagitated. The essential differences between the two plans had been clearly stated. The principal objections against that of Mr. RANDOLPH were, the want of power, and the want of practicability. There can be no weight in the first, as the fiat is not to be here, but in the people. He thought with his colleague (Mr. RANDOLPH,) that there were, besides certain crises, in which all the ordinary cautions yielded to public necessity. He gave as an example, the eventual treaty with Great Britain, in forming which the Commissioners of the United States had boldly disregarded the improvident shackles of Congress; had given to their country an honorable and happy peace, and, instead of being censured for the transgression of their powers, had raised to themselves a monument more durable than brass. The impracticability of gaining the public concurrence, he thought, was still more groundless. Mr. LANSING had cited the attempts of Congress to gain an enlargement of their powers, and had inferred from the miscarriage of these attempts, the hopelessness of the plan which he (Mr. LANSING) opposed. He thought a very different inference ought to have been drawn, viz. that the plan which Mr. LANSING espoused, and which proposed to augment the powers of Congress, never could be expected to succeed. He meant not to throw any reflections on Congress as a body, much less on any particular members of it. He meant, however, to speak his sentiments without reserve on this