ceptible of good government as any people in the world. The confusion which has produced the present relaxed state is not owing to them. It is owing to the weakness and [defects] of a government incapable of combining the various interests it is intended to unite, and destitute of energy. All that we have to do, then, is to distribute the powers of government in such a manner, and for such limited periods, as, while it gives a proper degree of permanency to the magistrate, will reserve to the people the right of election they will not or ought not frequently to part with. I am of opinion that this may easily be done; and that, with some amendments, the propositions before the committee will fully answer this end.

No position appears to me more true than this; that the general government cannot effectually exist without reserving to the states the possession of their local rights. They are the instruments upon which the Union must frequently depend for the support and execution of their powers, however immediately operating upon the people and not upon the states.

Much has been said about the propriety of abolishing the distinction of state governments, and having but one general system. Suffer me for a moment to examine this question.* 138

The mode of constituting the second branch being under consideration, the word "national" was struck out, and " United States " inserted.

Mr. GORHAM inclined to a compromise as to the rule of proportion. He thought there was some weight in the objections of the small states. If Virginia should have sixteen votes and Delaware with several other states together sixteen, those from Virginia would be more likely to unite than the others, and would therefore have an undue influence. This remark was applicable not only to states, but to counties or other districts of the same state. Accordingly, the constitution of Massachusetts had provided that the representatives of the larger districts should not be in an exact ratio to their numbers; and experience, he thought, had shown the provision to be expedient.

Mr. READ. The states have heretofore been in a sort of partnership. They ought to adjust their old affairs before they opened a new account. He brought into view the appropriation of the common interest in the western lands to the use of particular states. Let justice be done on this head: let the fund be applied fairly and equally to the discharge of the general debt; and the smaller states, who had been injured, would listen then, perhaps, to those ideas of just representation which had been held out.

Mr. GORHAM could not see how the Convention could interpose in the case. Errors, he allowed, had been committed on the subject. But Congress were now using their endeavors to rectify them. The best remedy would be such a government as would have vigor enough to do justice throughout. This was certainly the best chance that could be afforded to the smaller states.

The residue of this speech was not furnished, like the above, by Mr. Pinckney.

Mr. WILSON. The question is, shall the members of the second branch be chosen by the legislatures of the states? When he considered the amazing extent of country, the immense population which is to fill it, the influence of the government we are to form will have, not only on the present generation of our people, and their multiplied posterity, but on the whole globe, he was lost in the magnitude of Asun the object. The project of Henry IV. and his statesmen was but the picture in miniature of the great portrait to be exhibited. He was opposed to an election by the state legislatures. In explaining his reasons, it was necessary to observe the twofold relation in which the people would stand-first, as citizens of the general government; and, secondly, as citizens of their particular state. The general government was meant for them in the first capacity: the state governments in the second. Both governments were derived from the people; both meant for the people; both therefore ought to be regulated on the same principles. The same train of ideas which belonged to the relation of the citizens to their state governments, was applicable to their relation to the general government; and, in forming the latter, we ought to proceed by abstracting as much as possible from the idea of the state governments. With respect to the province and object of the general government, they should be considered as having no existence. The election of the second branch by the legislatures will introduce and cherish local interests and local prejudices. The general government is not an assemblage of states, but of individuals, for certain political purposes. It is not meant for the states, but for the individuals composing them; the individuals, therefore, not the states, ought to be represented in it. A proportion in this representation can be preserved in the second as well as in the first branch and the election can be made by electors chosen by the people for that purpose. He moved an amendment to that effect; which was not seconded.

;

Mr. ELLSWORTH saw no reason for departing from the mode contained in the report. Whoever chooses the member, he will be a citizen of the state he is to represent, and will feel the same spirit, and act the same part, whether he be appointed by the people or the legislature. Every state has its particular views and prejudices, which will find their way into the general council, through whatever channel they may flow. Wisdom was one of the characteristics which it was in contemplation to give the second branch: would not more of it issue from the legislatures than from an immediate election by the people? He urged the necessity of maintaining the existence and agency of the states. Without their coöperation it would be impossible to support a republican government over so great an extent of country. An army could scarcely render it practicable. The largest states are the worst governed. Virginia is obliged to acknowledge her incapacity to extend her government to Kentucky. Massachusetts cannot keep the peace one hundred miles from her capital, and is now forming an army for its support. How long Pennsylva

nia may be free from a like situation, cannot be foreseen. If the principles and materials of our government are not adequate to the extent of these single states, how can it be imagined that they can support a single government throughout the United States? The only chance of supporting a general government lies in grafting it on those of the individual states.

Dr. JOHNSON urged the necessity of preserving the state governments, which would be at the mercy of the general government on Mr. Wilson's plan.

Mr. MADISON thought it would obviate difficulty if the present resolution were postponed, and the eighth taken up, which is to fix the right of suffrage in the second branch.

Mr. WILLIAMSON professed himself a friend to such a system as would secure the existence of the state governments. The happiness of the people depended on it. He was at a loss to give his vote as to the Senate, until he knew the number of its members. In order to ascertain this, he moved to insert, after "second branch of the national legislature," the words, "who shall bear such proportion to the number of the first branch as one to He was not seconded.

Mr. MASON. It has been agreed on all hands that an efficient government is necessary; that, to render it such, it ought to have the faculty of self-defence; that, to render its different branches effectual, each of them ought to have the same power of self-defence. He did not wonder that such an agreement should have prevailed on these points. He only wondered that there should be any disagreement about the necessity of allowing the state governments the same selfdefence. If they are to be preserved, as he conceived to be essential, they certainly ought to have this power; and the only mode left of giving it to them was by allowing them to appoint the second branch of the national legislature.

Mr. BUTLER, observing that we were put to difficulties at every step by the uncertainty whether an equality or a ratio of representation would prevail finally in the second branch, moved to postpone the fourth resolution, and to proceed to the eighth resolution on that point. Mr. MADISON seconded him.

On the question,

New York, Virginia, South Carolina, Georgia, ay, 4; Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, no, 7.

On a question to postpone the fourth, and take up the seventh, resolution,

Maryland, Virginia, North Carolina, South Carolina, Georgia, ay, 5; Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, no, 6.

On the question to agree," that the members of the second branch be chosen by the individual legislatures,"

Massachusetts, Connecticut, New York, New Jersey, Delaware, Maryland, North Carolina, South Carolina, Georgia, ay, 9; Pennsylvania, Virginia, no, 2. 139

It must be kept in view that the largest states, particularly Pennsylvania and Virginia, always considered the choice of the second branch by the state legislatures

On a question on the clause requiring the age of thirty years at least, it was unanimously agreed to.

On a question to strike out the words, "sufficient to insure their independence," after the word " term," it was agreed to.

The clause, that the second branch hold their offices for a term of seven years," being considered,

Mr. GORHAM suggests a term of "four years," one fourth to be elected every year.

Mr. RANDOLPH supported the idea of rotation, as favorable to the wisdom and stability of the corps; which might possibly be always sitting, and aiding the executive, and moves, after "seven years," to add, "to go out in fixed proportion ;" which was agreed to. Mr. WILLIAMSON suggests "six years," as more convenient for rotation than seven years.

Mr. SHERMAN seconds him.

Mr. READ proposed that they should hold their offices "during good behavior." Mr. R. MORRIS seconds him.

Gen. PINCKNEY proposed "four years." A longer time would fix them at the seat of government. They would acquire an interest there, perhaps transfer their property, and lose sight of the states they represent. Under these circumstances, the distant states would labor under great disadvantages. 140

Mr. SHERMAN moved to strike out "seven years," in order to take questions on the several propositions.

On the question to strike out "seven,"

Massachusetts, Connecticut, New York, New Jersey, North Carolina, South Carolina, Georgia, ay, 7; Pennsylvania, Delaware, Virginia, no, 3; Maryland, divided.

On the question to insert "six years," which failed, five states being, ay; five, no; and one, divided, —

Connecticut, Pennsylvania, Delaware, Virginia, North Carolina, ay, 5; Massachusetts, New York, New Jersey, South Carolina, Georgia, no, 5; Maryland, divided.

On a motion to adjourn, the votes were, five for, five against it; and one divided,

Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, ay, 5; Massachusetts, New York, North Carolina, South Carolina, Georgia, no, 5; Maryland, divided.

On the question for "five years," it was lost,

Connecticut, Pennsylvania, Delaware, Virginia, North Carolina, ay, 5; Massachusetts, New York, New Jersey, South Carolina, Georgia, no, 5; Maryland, divided.

Adjourned.

TUESDAY, June 26.

In Convention. The duration of the second branch being under consideration,

as opposed to a proportional representation, to which they were attached as a fundamental principle of just government. The smaller states, who had opposite views, were reinforced by the members from the large states most anxious to secure the importance of the state governments.

Mr. GORHAM moved to fill the blank with "six years," one third of the members to go out every second year.

Mr. WILSON seconded the motion.

Gen. PINCKNEY opposed six years, in favor of four years. The states, he said, had different interests. Those of the Southern, and of South Carolina in particular, were different from the Northern. If the senators should be appointed for a long term, they would settle in the state where they exercised their functions, and would in a little time be rather the representatives of that, than of the state appointing them, 141

Mr. READ moved that the term be nine years. This would admit of a very convenient rotation, one third going out triennially. He would still prefer "during good behavior;" but being little supported in that idea, he was willing to take the longest term that could be obtained.

Mr. BROOM seconded the motion.

Mr. MADISON. In order to judge of the form to be given to this institution, it will be proper to take a view of the ends to be served by it. These were,-first, to protect the people against their rulers; secondly, to protect the people against the transient impressions into which they themselves might be led. A people deliberating in a temperate moment, and with the experience of other nations before them, on the plan of government most likely to secure their happiness, would first be aware, that those charged with the public happiness might betray their trust. An obvious precaution against this danger would be, to divide the trust between different bodies of men, who might watch and check each other. In this they would be governed by the same prudence which has prevailed in organizing the subordinate departments of government, where all business liable to abuses is made to pass through separate hands, the one being a check on the other. It would next occur to such a people, that they themselves were liable to temporary errors, through want of information as to their true interest; and that men chosen for a short term, and employed but a small portion of that in public affairs, might err from the same cause. This reflection would naturally suggest, that the government be so constituted as that one of its branches might have an opportunity of acquiring a competent knowledge of the public interests. Another reflection equally becoming a people on such an occasion, would be, that they themselves, as well as a numerous body of representatives, were liable to err, also, from fickleness and passion. A necessary fence against this danger would be, to select a portion of enlightened citizens, whose limited number, and firmness, might seasonably interpose against impetuous counsels. It ought, finally, to occur to a people deliberating on a government for themselves, that, as different interests necessarily result from the liberty meant to be secured, the major interest might, under sudden impulses, be tempted to commit injustice on the minority. In all civilized countries the people fall into different classes, having a real or sup