the Senate in this case, than the other House. Bribery and cabal can be more easily practised in the choice of the Senate which is to be made by the Legislatures composed of a few men, than of the House of Representatives who will be chosen by the people.

Mr. RANDOLPH will agree to nine years, with the expectation that it will be reduced to seven, if Mr. WILSON'S motion to reconsider the vote fixing seven years for the House of Representatives should produce a reduction of that period.

On the question for nine years,

New Hampshire, New Jersey, Delaware, Virginia, South Carolina, Georgia, aye-6; Massachusetts, Connecticut, Pennsylvania, Maryland, no-4; North Carolina, divided.

The term "resident" was struck out, and "inhabitant" inserted, nem. con.

Article 5, Sect. 3, as amended, was then agreed to, nem. con.

298

Article 5, Sect. 4, was agreed to, nem. con.

Article 6, Sect. 1, was then taken up.

Mr. MADISON and Mr. GOUVERNEUR MORRIS moved to strike out, "each House," and to insert, "the House of Representatives;" the right of the Legislatures to regulate the times and places, &c., in the election of Senators, being involved in the right of appointing them; which was disagreed to.

A division of the question being called for, it was taken on the first part down to "but their provisions concerning," &c.

The first part was agreed to, nem. con.

Mr. PINCKNEY and Mr. RUTLEDGE moved to strike

out the remaining part, viz., "but their provisions concerning them may at any time be altered by the Legislature of the United States." The States, they contended, could and must be relied on in such

cases.

Mr. GORHAM. It would be as improper to take this power from the National Legislature, as to restrain the British Parliament from regulating the circumstances of elections, leaving this business to the counties themselves.

Mr. MADISON. The necessity of a General Government supposes that the State Legislatures will sometimes fail or refuse to consult the common interest at the expense of their local convenience or prejudices. The policy of referring the appointment of the House of Representatives to the people, and not to the Legislatures of the States, supposes that the result will be somewhat influenced by the mode. This view of the question seems to decide that the Legislatures of the States ought not to have the uncontrolled right of regulating the times, places, and manner, of holding elections. These were words of great latitude. It was impossible to foresee all the abuses that might be made of the discretionary power. Whether the electors should vote by ballot, or viva voce; should assemble at this place or that place; should be divided into districts, or all meet at one place; should all vote for all the Representatives, or all in a district vote for a number allotted to the district, these and many other points would depend on the Legislatures, and might materially affect the appointments. Whenever the State Legislatures had a favorite measure to carry, they would

take care so to mould their regulations as to favor the candidates they wished to succeed. Besides, the inequality of the representation in the Legislatures of particular States would produce a like inequality in their representation in the National Legislature, as it was presumable that the counties having the power in the former case, would secure it to themselves in the latter. What danger could there be in giving a controlling power to the National Legislature? Of whom was it to consist? First, of a Senate to be chosen by the State Legislatures. If the latter, therefore could be trusted, their representatives could not be dangerous. Secondly, of Representatives elected by the same people who elect the State Legislatures. Surely, then, if confidence is due to the latter, it must be due to the former. It seemed as improper in principle, though it might be less inconvenient in practice, to give to the State Legislatures this great authority over the election of the representatives of the people in the General Legislature, as it would be to give to the latter a like power over the election of their representatives in the State Legislature.

Mr. KING. If this power be not given to the National Legislature, their right of judging of the returns of their members may be frustrated. No probability has been suggested of its being abused by them. Although this scheme of erecting the General Government on the authority of the State Legislatures has been fatal to the Federal establishment, it would seem as if many gentlemen still foster the dangerous idea.

Mr. GOUVERNEUR MORRIS observed, that the States VOL. I.-81

might make false returns, and then make no provisions for new elections.

Mr. SHERMAN did not know but it might be best to retain the clause, though he had himself sufficient confidence in the State Legislatures.

The motion of Mr. PINCKNEY and Mr. RUTLEDGE did not prevail.

The word "respectively" was inserted after the word "State."

On the motion of Mr. READ, the word "their" was struck out, and "regulations in such cases," inserted in place of "provisions concerning them,”— the clause then reading: "but regulations, in each of the foregoing cases, may, at any time, be made or altered by the Legislature of the United States." This was meant to give the national Legislature a power not only to alter the provisions of the States, but to make regulations, in case the States should fail or refuse altogether. Article 6, Sect. 1, as thus amended, was agreed to, nem. con.

Adjourned.

299

FRIDAY, AUGUST 10TH.

In Convention,-Article 6, Sect. 2, was taken up. Mr. PINCKNEY. The Committee, as he had conceived, were instructed to report the proper qualifications of property for the members of the National Legislature; instead of which they have referred the task to the National Legislature itself. Should it be left on this footing, the first Legislature will

The

meet without any particular qualifications of property; and if it should happen to consist of rich men they might fix such qualifications as may be too favorable to the rich; if of poor men, an opposite extreme might be run into. He was opposed to the establishment of an undue aristocratic influence in the Constitution, but he thought it essential that the members of the Legislature, the Executive, and the Judges, should be possessed of competent property to make them independent and respectable. It was prudent, when such great powers were to be trusted, to connect the tie of property with that of reputation in securing a faithful administration. Legislature would have the fate of the nation put into their hands. The president would also have a very great influence on it. The Judges would not only have important causes between citizen and citizen, but also where foreigners are concerned. They will even be the umpires between the United States, and individual States; as well as between one State and another. Were he to fix the quantum of property which should be required, he should not think of less than one hundred thousand dollars for the President, half of that sum for each of the Judges, and in like proportion for the members of the National Legislature. He would, however, leave the sums blank. His motion was, that the President of the United States, the Judges, and members of the Legislature, should be required to swear that they were respectively possessed of a clear unincumbered estate, to the amount of in the

case of the President, &c., &c.

Mr. RUTLEDGE seconded the motion; observing,