On the question for agreeing to the motion of Mr. Madison,

Connecticut, New Jersey, ay, 2; New York, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, no, 8; Massachusetts, divided.

Mr. SHERMAN moved to insert the words, " and incapable of holding" after the words "ineligible to," which was agreed to without opposition.

The word "established," and the words "under the national government," were struck out of the third resolution.

Mr. SPAIGHT called for a division of the question, in consequence of which it was so put as that it turned on the first member of it, on the ineligibility of members during the term for which they were elected -whereon the states were,

Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, ay, 8; Pennsylvania, Georgia, no, 2; Massachusetts, divided.

On the second member of the sentence, extending ineligibility of members to one year after the term for which they were elected, Col. MASON thought this esential to guard against evasions by resignations, and stipulations for office to be fulfilled at the expiration of the legislative term.

Mr. GERRY had known such a case.

Mr. HAMILTON. Evasions could not be prevented, as by proxies, by friends holding for a year, and then opening the way, &c. Mr. RUTLEDGE admitted the possibility of evasions, but was for contracting them as far as possible. On the question,

New York, Delaware, Maryland, South Carolina, ay, 4; Massachusetts, Connecticut, New Jersey, Virginia, North Carolina, Georgia, no, 6; Pennsylvania, divided.137

Adjourned.

MONDAY, June 25,

In Convention. The fourth resolution being taken up,-
Mr. PINCKNEY spoke as follows:

The efficacy of the system will depend on this article. In order to form a right judgment in the case, it will be proper to examine the situation of this country more accurately than it has yet been done.

The people of the United States are perhaps the most singular of any we are acquainted with. Among them there are fewer distinctions of fortune, and less of rank, than among the inhabitants of any other nation. Every freeman has a right to the same protection and security; and a very moderate share of property entitles them to the possession of all the honors and privileges the public can bestow. Hence arises a greater equality than is to be found among the people of any other country; and an equality which is more likely to continue. I say, this equality is likely to continue; because in a new country, possessing immense tracts of uncultivated lands, where every temptation is offered to emigration, and where industry must be rewarded with competency, there will be few poor, and few dependent.

VOL. V.

30

Every member of the society almost will enjoy an equal power of arriving at the supreme offices, and consequently of directing the strength and sentiments of the whole community. None will be excluded by birth, and few by fortune, from voting for proper persons to fill the offices of government. The whole community will enjoy, in the fullest sense, that kind of political liberty which consists in the power the members of the state reserve to themselves of arriving at the public offices, or, at least, of having votes in the nomination of those who fill them.

If this state of things is true, and the prospect of its continuance probable, it is perhaps not politic to endeavor too close an imitation of a government calculated for a people whose situation is, and whose views ought to be, extremely different.

Much has been said of the constitution of Great Britain. I will confess that I believe it to be the best constitution in existence; but, at the same time, I am confident it is one that will not or cannot be introduced into this country for many centuries. If it were proper to go here into an historical dissertation on the British constitution, it might easily be shown that the peculiar excellence, the distinguishing feature, of that government cannot possibly be introduced into our system; that its balance between the crown and the people cannot be made a part of our Constitution; that we neither have nor can have the members to compose it, nor the rights, privileges, and properties, of so distinct a class of citizens to guard; that the materials for forming this balance or check do not exist, nor is there a necessity for having so permanent a part of our legislative, until the executive power is so constituted as to have something fixed and dangerous in its principle. By this I mean a sole, hereditary, though limited executive.

That we cannot have a proper body for forming a legislative balance between the inordinate power of the executive and the people, is evident from a review of the accidents and circumstances which gave rise to the peerage of Great Britain. I believe it is well ascertained, that the parts which compose the British constitution arose immediately from the forests of Germany; but the antiquity of the establishment of nobility is by no means clearly defined. Some authors are of opinion that the dignity denoted by the titles of dux and comes, was derived from the old Roman, to the German, empire; while others are of opinion that they existed among the Germans long before the Romans were acquainted with them. The institution, however, of nobility is immemorial among the nations who may properly be termed the ancestors of Great Britain. At the time they were summoned in England to become a part of the national council, the circumstances which contributed to make them a constituent part of that constitution must be well known to all gentlemen who have had industry and curiosity enough to investigate the subject. The nobles, with their possessions and dependents, composed a body permanent in their nature, and formidable in point of power. They had a dis

tinct interest both from the king and the people, an interest which could only be represented by themselves, and the guardianship of which could not be safely intrusted to others. At the time they were originally called to form a part of the national council, necessity perhaps, as much as other causes, induced the monarch to look up to them. It was necessary to demand the aid of his subjects in personal and pecuniary services. The power and possessions of the nobility would not permit taxation from any assembly of which they were not a part and the blending of the deputies of the commons with them, and thus forming what they called their parler-ment, was perhaps as much the effect of chance as of any thing else. The commons were at that time completely subordinate to the nobles, whose consequence and influence seem to have been the only reasons for their superiority; a superiority so degrading to the commons, that in the first summons, we find the peers are called upon to consult, the commons to consent. From this time the peers have composed a part of the British legislature; and, notwithstanding their power and influence have diminished, and those of the commons have increased, yet still they have always formed an excellent balance against either the encroachments of the crown or the people.

I have said that such a body cannot exist in this country for ages; and that, until the situation of our people is exceedingly changed, no necessity will exist for so permanent a part of the legislature. To illustrate this, I have remarked that the people of the United States are more equal in their circumstances than the people of any other country; that they have very few rich men among them - by rich men I mean those whose riches may have a dangerous influence, or such as are esteemed rich in Europe - perhaps there are not one hundred such on the continent; that it is not probable this number will be greatly increased; that the genius of the people, their mediocrity of situation, and the prospects which are afforded their industry, in a country which must be a new one for centuries, are unfavorable to the rapid distinction of ranks. The destruction of the right of primogeniture, and the equal division of the property of intestates, will also have an effect to preserve this mediocrity; for laws invariably affect the manners of people. On the other hand, that vast extent of unpeopled territory, which opens to the frugal and industrious a sure road to competency and independence, will effectually prevent, for a considerable time, the increase of the poor or discontented, and be the means of preserving that equality of condition which so eminently distinguishes us.

If equality is, as I contend, the leading feature of the United States, where, then, are the riches and wealth whose representation and protection is the peculiar province of this permanent body? Are they in the hands of the few who may be called rich, in the possession of less than a hundred citizens? Certainly not. They are in the great body of the people, among whom there are no men of wealth, and very few of real poverty. Is it probable that a change

will be created, and that a new order of men will arise? If, under the British government, for a century, no such change was produced, I think it may be fairly concluded it will not take place while even the semblance of republicanism remains. How is this change to be effected? Where are the sources from whence it is to flow? From the landed interest? No. That is too unproductive, and too much divided in most of the states. From the moneyed interest? If such exist at present, little is to be apprehended from that source. Is it to spring from commerce? I believe it would be the first instance in which a nobility sprang from merchants. Besides, sir, I apprehend that on this point the policy of the United States has been much mistaken. We have unwisely considered ourselves as the inhabitants of an old, instead of a new, country. We have adopted the maxims of a state full of people, and manufactures, and established in credit. We have deserted our true interest, and, instead of applying closely to those improvements in domestic policy which would have insured the future importance of our commerce, we have rashly and prematurely engaged in schemes as extensive as they are imprudent. This, however, is an error which daily corrects itself; and I have no doubt that a few more severe trials will convince us, that very different commercial principles ought to govern the conduct of these states.

The people of this country are not only very different from the inhabitants of any state we are acquainted with in the modern world, but I assert that their situation is distinct from either the people of Greece or Rome, or of any states we are acquainted with among the ancients. Can the orders introduced by the institution of Solon, can they be found in the United States? Can the military habits and manners of Sparta be resembled to ours in habits and manners? Are the distinction of patrician and plebeian known among us? Can the Helvetic or Belgic confederacies, or can the unwieldly, unmeaning body called the Germanic empire, can they be said to possess either the same, or a situation like ours? I apprehend not. I apprehend not. They are perfectly different, in their distinctions of rank, their constitutions, their manners, and their policy.

a new,

Our true situation appears to me to be this, extensive country, containing within itself the materials for forming a government capable of extending to its citizens all the blessings of civil and religious liberty-capable of making them happy at home. This is the great end of republican establishments. We mistake the object of our government, if we hope or wish that it is to make us respectable abroad. Conquests or superiority among other powers is not, or ought not ever to be, the object of republican systems. If they are sufficiently active and energetic to rescue us from contempt, and preserve our domestic happiness and security, it is all we can expect from them it is more than almost any other government insures to its citizens.

I believe this observation will be found generally true that no two people are so exactly alike, in their situation or circumstances, as

to admit the exercise of the same government with equal benefit; that a system must be suited to the habits and genius of the people it is to govern, and must grow out of them.

The people of the United States may be divided into three classes -professional men, who must, from their particular pursuits, always have a considerable weight in the government, while it remains popular; commercial men, who may or may not have weight, as a wise or injudicious commercial policy is pursued. If that commercial policy is pursued which I conceive to be the true one, the merchants of this country will not, or ought not, for a considerable time, to have much weight in the political scale. The third is the landed interest, the owners and cultivators of the soil, who are, and ought ever to be, the governing spring in the system. These three classes, however distinct in their pursuits, are individually equal in the political scale, and may be easily proved to have but one interest. The dependence of each on the other is mutual. The merchant depends on the planter. Both must, in private as well as public affairs, be connected with the professional men; who in their turn must in some measure depend on them. Hence it is clear, from this manifest connection, and the equality which I before stated exists, and must, for the reasons then assigned, continue, that after all there is one, but one great and equal body of citizens composing the inhabitants of this country, among whom there are no distinctions of rank, and very few or none of fortune.

For a people thus circumstanced are we, then, to form a government; and the question is, what sort of government is best suited to them?

No. Why? Because

Will it be the British government ? Great Britain contains three orders of people distinct in their situation, their possessions, and their principles. These orders, combined, form the great body of the nation; and as, in national expenses, the wealth of the whole community must contribute, so ought each component part to be duly and properly represented. No other combination of power could form this due representation but the one that exists. Neither the peers or the people could represent the royalty; nor could the royalty and the people form a proper representation for the peers. Each, therefore, must of necessity be represented by itself, or the sign of itself; and this accidental mixture has certainly formed a government admirably well balanced.

But the United States contain but one order that can be assimilated to the British nation-this is, the order of Commons. They will not, surely, then, attempt to form a government consisting of three branches, two of which shall have nothing to represent. They will not have an executive and senate [hereditary,] because the king and lords of England are so. The same reasons do not exist, and therefore the same provisions are not necessary.

We must, as has been observed, suit our government to the people it is to direct. These are, I believe, as active, intelligent and sus