Committee, it passed in the affirmative,-Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, aye-9; South Carolina, Georgia, no-2.

Mr. BROOME gave notice to the House, that he had concurred with a reserve to himself of an intention to claim for his State an equal voice in the second branch; which he thought could not be denied after this concession of the small States as to the first branch.

Mr. RANDOLPH moved, as an amendment to the Report of the Committee of five, "that in order to ascertain the alterations in the population and wealth of the several States, the Legislature should be required to cause a census and estimate to be taken within one year after its first meeting; and every years thereafter; and that the Legislature arrange the representation accordingly."

Mr. GOUVERNEUR MORRIS opposed it, as fettering the Legislature too much. Advantage may be taken of it in time of war or the apprehension of it, by new States to extort particular favors. If the mode was to be fixed for taking a census, it might certainly be extremely inconvenient: if unfixed, the Legislature may use such a mode as will defeat the object; and perpetuate the inequality. He was always against such shackles on the Legislature. They had been found very pernicious in most of the State Constitutions. He dwelt much on the danger of throwing such a preponderance into the western scale; suggesting that in time the western people would outnumber the Atlantic States. He wished therefore to put it in the power of the latter to

keep a majority of votes in their own hands. It was objected, he said, that, if the Legislature are left at liberty, they will never re-adjust the representation. He admitted that this was possible, but he did not think it probable, unless the reasons against a revision of it were very urgent; and in this case, it ought not to be done.

It was moved to postpone the proposition of Mr. RANDOLPH, in order to take up the following, viz.: "that the Committee of eleven, to whom was referred the Report of the Committee of five on the subject of Representation, be requested to furnish the Convention with the principles on which they grounded the Report," which was disagreed to,South Carolina alone voting in the affirmative. Adjourned.

In Convention,-Mr. RANDOLPH's motion, requiring the Legislature to take a periodical census for 1 the purpose of redressing inequalities in the representation was resumed.

Mr. SHERMAN was against shackling the Legislature too much. We ought to choose wise and good men, and then confide in them.

Mr. MASON. The greater the difficulty we find in fixing a proper rule of representation, the more unwilling ought we to be to throw the task from ourselves on the General Legislature. He did not object to the conjectural ratio which was to prevail in the outset; but considered a revision from

time to time, according to some permanent and precise standard, as essential to the fair representation required in the first branch. According to the present population of America, the northern part of it had a right to preponderate, and he could not deny it. But he wished it not to preponderate hereafter, when the reason no longer continued. From the nature of man, we may be sure that those who have power in their hands will not give it up, while they can retain it. On the contrary, we know that they will always, when they can, rather increase it. If the Southern States, therefore, should have threefourths of the people of America within their limits, the Northern will hold fast the majority of Representatives. One-fourth will govern the three-fourths. The Southern States will complain, but they may complain from generation to generation without redress. Unless some principle, therefore, which will do justice to them hereafter, shall be inserted in the Constitution, disagreeable as the declaration was to him, he must declare he could neither vote for the system here, nor support it in his State. Strong objections had been drawn from the danger to the Atlantic interests from new Western States. Ought we to sacrifice what we know to be right in itself, lest it should prove favorable to States which are not yet in existence? If the Western States are to be admitted into the Union, as they arise, they must, he would repeat, be treated as equals, and subjected to no degrading discriminations. They will have the same pride, and other passions, which we have; and will either not unite with, or will speedily revolt from, the Union, if they VOL. I.-67*

are not in all respects placed on an equal footing with their brethren. It has been said, they will be poor, and unable to make equal contributions to the general treasury. He did not know but that, in time, they would be both more numerous and more wealthy, than their Atlantic brethren. The extent and fertility of their soil made this probable; and though Spain might for a time deprive them of the natural outlet for their productions, yet she will, because she must, finally yield to their demands. He urged that numbers of inhabitants, though not al1 ways a precise standard of wealth, was sufficiently so for every substantial purpose.

Mr. WILLIAMSON was for making it a duty of the Legislature to do what was right, and not leaving it at liberty to do or not to do it. He moved that Mr. RANDOLPH'S propositions be postponed, in order to consider the following, "that in order to ascertain the alterations that may happen in the population and wealth of the several States, a census shall be taken of the free white inhabitants, and three-fifths of those of other descriptions on the first year after this government shall have been adopted, and every year thereafter; and that the representation

be regulated accordingly."

Mr. RANDOLPH agreed that Mr. WILLIAMSON's proposition should stand in place of his. He observed that the ratio fixed for the first meeting was a mere conjecture; that it placed the power in the hands of that part of America which could not always be entitled to it; that this power would not be voluntarily renounced; and that it was consequently the duty of the Convention to secure its renunciation,

when justice might so require, by some constitutional provisions. If equality between great and small States be inadmissible, because in that case unequal numbers of constituents would be representted by equal numbers of votes, was it not equally inadmissible, that a larger and more populous district of America, should hereafter have less representation than a smaller and less populous district? If a fair representation of the people be not secured, the injustice of the Government will shake it to its foundations. What relates to suffrage, is justly stated by the celebrated Montesquieu as a fundamental article in Republican Governments. If the danger suggested by Mr. GOUVERNEUR MORRIS be real, of advantage being taken of the Legislature in pressing moments, it was an additional reason for tying their hands in such a manner, that they could not sacrifice their trust to momentary considerations. Congress have pledged the public faith to new States, that they shall be admitted on equal terms. They never would, nor ought to, accede on any other. The census must be taken under the direction of the General Legislature. The States will be too much interested, to take an impartial one for themselves.

Mr. BUTLER and General PINCKNEY insisted that blacks be included in the rule of representation equally with the whites; and for that purpose moved that the words "three-fifths" be struck out.

Mr. GERRY thought that three-fifths of them was, to say the least, the full proportion that could be admitted.

Mr. GORHAM. This ratio was fixed by Congress 1