The Formation & Evolution of the American Constitution. Madison James
to add, after the words "equitable ratio of representation" the words following: "in proportion to the whole number of white & other free Citizens & inhabitants of every age sex & 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 5, 7, or 10 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 & horses of the North.2
On the question, — Mass: Con: N. Y. Pen: Maryland Virginia N. C. S. C. & Geo: were in the affirmative: N. J. & Del: in the negative.
Mr. Sherman moved that a question be taken whether each State shall have one vote in the 2d 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. Elsworth3 seconded the motion.
On the question for allowing each State one vote in the 2d branch,
Massachusetts no. Connecticut ay. N. Y. ay. N. J. ay. Pennsylvania no. Del. ay. Maryland ay. Virginia no. N. C. no. S. C. no. Geo. no.
Mr. Wilson & Mr. Hamilton moved that the right of suffrage in the 2d branch ought to be according to the same rule as in the 1st branch. On this question for making the ratio of representation the same in the 2d as in the 1st branch it passed in the affirmative;
Massachusetts ay. Connecticut no. N. Y. no. N. J. no. Pennsylvania ay. Del. no. Maryland no. Virginia ay. N. C. ay. S. C. ay. Geo. ay.
Resol: 11, for guarantying Republican Government & territory to each State, being considered — the words "or partition," were, on motion of Mr. Madison added, after the words "voluntary junction;"
Mas. N. Y. P. Virginia N. C. S. C. G. ay. Con: N. J. Del: Maryland no.
Mr. Read disliked the idea of guarantying 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 & its existing laws ought to be guaranteed to each State by the U. States," the whole was agreed to nem. con.4
Resolution 13. 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 Legisl. 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 consent 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.
Resolution 14. requiring oaths from the members of the State Governments to observe the National Constitution & laws, being considered,5
Mr. Sherman opposed it as unnecessarily intruding into the State jurisdictions.
Mr. Randolph considered it necessary to prevent that competition between the National Constitution & laws & 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 & 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
Massachusetts no. Connecticut ay. N. Y. no. N. J. ay. Pennsylvania no. Del. ay. Maryland ay. Virginia no. N. C. no. S. C. no. Geo. no.
Question on whole Resolution as proposed by Mr. Randolph;
Massachusetts ay. Connecticut no. N. Y. no. N. J. no. Pennsylvania ay. Del. no. Maryland no. Virginia ay. N. C. ay. S. C. ay. Geo. ay.
Committee rose & House adjourned.
1 In the printed Journal Mr. Rutlidge is named as the seconder of the motion. — Madison's Note.
2 After Gerry spoke, according to Yates, "Mr. Madison was of opinion at present, to fix the standard of representation, and let the detail be the business of a sub-committee." — Secret Proceedings, p. 116.
3 "Mr. Elsworth is a Judge of the Supreme Court in Connecticut; — he is Gentleman of a clear, deep, and copius understanding; eloquent, and connected in public debate; and always attentive to his duty. He is very happy in a reply, and choice in selecting such parts of his adversary's arguments as he finds make the strongest impressions, — in order to take off the force of them, so as to admit the power of his own. Mr. Elsworth is about 37 years of age, a Man much respected for his integrity, and venerated for his abilities." — Pierce's Notes, Am. Hist. Rev., iii., 326.
4 Yates attributes this amendment to Madison. "Mr. Madison moved an amendment, to add to or alter the resolution as follows: The republican constitutions and the existing laws of each state, to be guaranteed by the United States." — Secret Proceedings, etc., 116.
5 "Mr. Williamson. This resolve will be unnecessary, as the union will become the law of the land." — Yates, Secret Proceedings, etc., 117.
Tuesday June 12th in Committee of Whole
The Question taken on the Resolution 15, to wit, referring the new system to the people of the States for ratification it passed in the affirmative Massachusetts ay. Connecticut no. N. Y. no. N. J. no. Pennsylvania1 ay. Del. divd. Maryland divd. Virginia ay. N. C. ay. S. C. ay. Geo. ay.
Mr. Sherman & Mr. Elseworth moved to fill the blank left in the 4th Resolution for the periods of electing the members of the first branch