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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, no-2.0

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-5,201

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.

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Mr. READ disliked the idea of guaranteeing 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, and its existing laws, ought to be guaranteed to each State by the United States," the whole was agreed to, nem. con.

The thirteenth Resolution, 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 Legislature 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 assent 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.*

202

The fourteenth resolution, requiring oaths from the members of the State Governments to observe the national Constitution and laws, being considered,

Mr. SHERMAN opposed it, as unnecessarily intruding into the State jurisdictions.

Mr. RANDOLPH considered it necessary to prevent that competition between the national Constitution and laws, and 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 and 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,-Connecticut, New Jersey, Delaware, Maryland, aye-4; Massachusetts, New York, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, no-7.

Question on the whole Resolution as proposed by Mr. RANDOLPH,-Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, aye-6; Connecticut, New York, New Jersey, Delaware, Maryland, no-5.23

The Committee rose, and the House adjourned.

TUESDAY, JUNE 12TH.

In Committee of the Whole,-The question was taken on the fifteenth Resolution, to wit, referring the new system to the people of the United States for ratification. It passed in the affirmative,-Massachusetts, Pennsylvania,* Virginia, North Carolina, South Carolina, Georgia, aye-6; Connecticut, New York, New Jersey, no-3; Delaware, Maryland, divided.204

Mr. SHERMAN and Mr. ELLSWORTH moved to fill the blank left in the fourth Resolution, for the periods of electing the members of the first branch, with the words, "every year;" Mr. SHERMAN observing that he did it in order to bring on some question. Mr. RUTLEDGE proposed "every two years."

Mr. JENIFER proposed, "every three years;" observing that the too great frequency of elections ren

Pennsylvania omitted in the printed Journal. The vote is there entered as of June 11th.

dered the people indifferent to them, and made the best men unwilling to engage in so precarious a service.

Mr. MADISON Seconded the motion for three years. Instability is one of the great vices of our republics to be remedied. Three years will be necessary, in a government so extensive, for members to form any knowledge of the various interests of the States to which they do not belong, and of which they can know but little from the situation and affairs of their own. One year will be almost consumed in preparing for, and travelling to and from the seat of national business.

Mr. GERRY. The people of New England will never give up the point of annual elections. They know of the transition made in England from triennial to septennial elections, and will consider such an innovation here as the prelude to a like usurpation. He considered annual elections as the only defence of the people against tyranny. He was as much against a triennial House, as against a hereditary Executive.

Mr. MADISON observed, that if the opinions of the people were to be our guide, it would be difficult to say what course we ought to take. No member of the Convention could say what the opinions of his constituents were at this time; much less could he say what they would think, if possessed of the information and lights possessed by the members here; and still less, what would be their way of thinking six or twelve months hence. We ought to consider what was right and necessary in itself for the attainment of a proper government. A plan

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