July 30, 31, August 1. Present forty-one members. Mr. Chase observed

that this article was the most likely to divide us, of any one proposed

in the draught then under consideration: that the larger colonies

had threatened they would not confederate at all, if their weight in

Congress should not be equal to the numbers of people they added to the

confederacy; while the smaller ones declared against a union, if they

did not retain an equal vote for the protection of their rights. That it

was of the utmost consequence to bring the parties together, as, should

we sever from each other, either no foreign power will ally with us at

all, or the different states will form different alliances, and thus

increase the horrors of those scenes of civil war and bloodshed, which

in such a state of separation and independence, would render us a

miserable people. That our importance, our interests, our peace required

that we should confederate, and that mutual sacrifices should be made to

effect a compromise of this difficult question. He was of opinion,

the smaller colonies would lose their rights, if they were not in some

instances allowed an equal vote; and, therefore, that a discrimination

should take place among the questions which would come before Congress.

That the smaller states should be secured in all questions concerning

life or liberty, and the greater ones, in all respecting property. He

therefore proposed, that in votes relating to money, the voice of each

colony should be proportioned to the number of its inhabitants.

Dr. Franklin thought, that the votes should be so proportioned in all

cases. He took notice that the Delaware counties had bound up

their delegates to disagree to this article. He thought it a very

extraordinary language to be held by any state, that they would not

confederate with us, unless we would let them dispose of our money.

Certainly, if we vote equally, we ought to pay equally; but the smaller

states will hardly purchase the privilege at this price. That had he

lived in a state where the representation, originally equal, had become

unequal by time and accident, he might have submitted rather than

disturb government: but that we should be very wrong to set out in this

practice, when it is in our power to establish what is right. That at

the time of the Union between England and Scotland, the latter had made

the objection which the smaller states now do; but experience had proved

that no unfairness had ever been shown them: that their advocates had

prognosticated that it would again happen, as in times of old, that the

whale would swallow Jonas, but he thought the prediction reversed in

event, and that Jonas had swallowed the whale; for the Scotch had in

fact got possession of the government, and gave laws to the English. He

reprobated the original agreement of Congress to vote by colonies, and,

therefore, was for their voting, in all cases, according to the number

of taxables.

Dr. Witherspoon opposed every alteration of the article. All men admit

that a confederacy is necessary. Should the idea get abroad that there

is likely to be no union among us, it will damp the minds of the people,

diminish the glory of our struggle, and lessen its importance; because

it will open to our view future prospects of war and dissension among

ourselves. If an equal vote be refused, the smaller states will become

vassals to the larger; and all experience has shown that the vassals and

subjects of free states are the most enslaved. He instanced the Helots

of Sparta, and the provinces of Rome. He observed that foreign powers,

discovering this blemish, would make it a handle for disengaging the

smaller states from so unequal a confederacy. That the colonies

should in fact be considered as individuals; and that, as such, in all

disputes, they should have an equal vote; that they are now collected

as individuals making a bargain with each other, and, of course, had a

right to vote as individuals. That in the East India Company they

voted by persons, and not by their proportion of stock. That the Belgic

confederacy voted by provinces. That in questions of war the smaller

states were as much interested as the larger, and therefore, should vote

equally; and indeed, that the larger states were more likely to bring

war on the confederacy, in proportion as their frontier was more

extensive. He admitted that equality of representation was an excellent

principle, but then it must be of things which are co-ordinate; that

is of things similar, and of the same nature: that nothing relating

to individuals could ever come before Congress; nothing but what would

respect colonies. He distinguished between an incorporating and a

federal union. The union of England was an incorporating one; yet

Scotland had suffered by that union; for that its inhabitants were drawn

from it by the hopes of places and employments; nor was it an instance

of equality of representation; because, while Scotland was allowed

nearly a thirteenth of representation, they were to pay only one

fortieth of the land tax. He expressed his hopes, that in the present

enlightened state of men’s minds, we might expect a lasting confederacy,

if it was founded on fair principles.

John Adams advocated the voting in proportion to numbers. He said, that

we stand here as the representatives of the people; that in some states

the people are many, in others they are few; that therefore their vote

here should be proportioned to the numbers from whom it comes. Reason,

justice, and equity never had weight enough on the face of the earth, to

govern the councils of men. It is interest alone which does it, and it

is interest alone which can be trusted; that therefore the interests,

within doors, should be the mathematical representatives of the

interests without doors; that the individuality of the colonies is a

mere sound. Does the individuality of a colony increase its wealth or

numbers? If it does, pay equally. If it does not add weight in the

scale of the confederacy, it cannot add to their rights, nor weigh in

argument. A. has £50, B. £500, C. £1000, in partnership. Is it just they

should equally dispose of the monies of the partnership? It has been

said, we are independent individuals, making a bargain together. The

question is not, what we are now, but what we ought to be, when our

bargain shall be made. The confederacy is to make us one individual

only; it is to form us, like separate parcels of metal, into one common

mass. We shall no longer retain our separate individuality, but become

a single individual as to all questions submitted to the confederacy.

Therefore all those reasons, which prove the justice and expediency of

equal representation in other assemblies, hold good here. It has been

objected, that a proportional vote will endanger the smaller states.

We answer, that an equal vote will endanger the larger. Virginia,

Pennsylvania, and Massachusetts, are the three greater colonies.

Consider their distance, their difference of produce, of interests,

and of manners, and it is apparent they can never have an interest

or inclination to combine for the oppression of the smaller; that the

smaller will naturally divide on all questions with the larger. Rhode

Island, from its relation, similarity, and intercourse, will generally

pursue the same objects with Massachusetts; Jersey, Delaware, and

Maryland, with Pennsylvania.

Dr. Rush took notice, that the decay of the liberties of the Dutch

republic proceeded from three causes. 1. The perfect unanimity requisite

on all occasions. 2. Their obligation to consult their constituents.

3. Their voting by provinces. This last destroyed the equality of

representation, and the liberties of Great Britain also are sinking from

the same defect. That a part of our rights is deposited in the hands of

our legislatures. There, it was admitted, there should be an equality of

representation. Another part of our rights is deposited in the hands

of Congress; why is it not equally necessary, there should be an equal

representation there? Were it possible to collect the whole body of the

people together, they would determine the questions submitted to them

by their majority. Why should not the same majority decide, when

voting here, by their representatives? The larger colonies are so

providentially divided in situation, as to render every fear of

their combining visionary. Their interests are different, and their

circumstances dissimilar. It is more probable they will become rivals,

and leave it in the power of the smaller states to give preponderance

to any scale they please. The voting by the number of free inhabitants,

will have one excellent effect, that of inducing the colonies to

discourage slavery, and to encourage the increase of their free

inhabitants.

Mr. Hopkins observed, there were four larger, four smaller, and four

middle-sized colonies. That the four largest would contain more than

half the inhabitants of the confederating states, and therefore would

govern the others as they should please. That history affords no

instance of such a thing as equal representation. The Germanic body

votes by states. The Helvetic body does the same; and so does the Belgic

confederacy. That too little is known of the ancient confederations, to

say what was their practice.

Mr. Wilson thought, that taxation should be in proportion to wealth,

but that representation should accord with the number of freemen. That

government is a collection or result of the wills of all: that if any

government could speak the will of all, it would be perfect; and that,

so far as it departs from this, it becomes imperfect. It has been said,

that Congress is a representation of states, not of individuals. I say,

that the objects of its care are all the individuals of the states.

It is strange, that annexing the name of ‘State’ to ten thousand men,

should give them an equal right with forty thousand. This must be the

effect of magic, not of reason. As to those matters which are referred

to Congress, we are not so many states; we are one large state. We lay

aside our individuality, whenever we come here. The Germanic body is

a burlesque on government: and their practice on any point, is

a sufficient authority and proof that it is wrong. The greatest

imperfection in the constitution of the Belgic confederacy is their

voting by provinces. The interest of the whole is constantly sacrificed

to that of the small, states. The history of the war in the reign of

Queen Anne, sufficiently proves this. It is asked, shall nine colonies

put it into the power of four, to govern them as they please? I invert

the question, and ask, shall two millions of people put it into the

power of one million, to govern them as they please? It is pretended,

too, that the smaller colonies will be in danger from the greater. Speak

in honest language and say, the minority will be in danger from the

majority. And is there an assembly on earth, where this danger may not

be equally pretended? The truth is, that our proceedings will then be

consentaneous with the interests of the majority, and so they ought

to be. The probability is much greater, that the larger states will

disagree, than that they will combine. I defy the wit of man to invent a

possible case, or to suggest any one thing on earth, which shall be for

the interests of Virginia, Pennsylvania, and Massachusetts, and which

will not also be for the interest of the other states.*

* Here terminate the author’s notes of the ‘earlier debates

on the confederation,’ and recommences the MS. begun by him

in 1821.

These articles, reported July 12, ‘76, were debated from day to day, and

time to time, for two years, were ratified July 9, ‘78, by ten states,

by New-Jersey on the 26th of November of the same year, and by Delaware

on the 23rd of February following. Maryland alone held off two years

more, acceding to them March 1, ‘81, and thus closing the obligation.

Our delegation had been renewed for the ensuing year, commencing

August 11; but the new government was now organized, a meeting of the

legislature was to be held in October, and I had been elected a member

by my county. I knew that our legislation, under the regal government,

had many very vicious points which urgently required reformation, and

I thought I could be of more use in forwarding that work. I therefore

retired from my seat in Congress on the 2nd of September, resigned it,

and took my place in the legislature of my state, on the 7th of October.

On the 11th, I moved for leave to bring in a bill for the establishment

of courts of justice, the organization of which was of importance. I

drew the bill; it was approved by the committee, reported and passed,

after going through its due course.

On the 12th, I obtained leave to bring in a bill declaring tenants in

tail to hold their lands in fee simple. In the earlier times of the

colony, when lands were to be obtained for little or nothing, some

provident individuals procured large grants; and, desirous of founding

great families for themselves, settled them on their descendants in fee

tail. The transmission of this property from generation to generation,

in the same name, raised up a distinct set of families, who, being

privileged by law in the perpetuation of their wealth, were thus formed

into a Patrician order, distinguished by the splendor and luxury of

their establishments. From this order, too, the king habitually selected

his Counsellors of state; the hope of which distinction devoted the

whole corps to the interests and will of the crown. To annul this

privilege, and instead of an aristocracy of wealth, of more harm and

danger, than benefit, to society, to make an opening for the aristocracy

of virtue and talent, which nature has wisely provided for the direction

of the interests of society, and scattered with equal hand through all

its conditions, was deemed essential to a well ordered republic. To

effect it, no violence was necessary, no deprivation of natural right,

but rather an enlargement of it by a repeal of the law. For this would

authorize the present holder to divide the property among his children

equally, as his affections were divided; and would place them, by

natural generation, on the level of their fellow citizens. But this

repeal was strongly opposed by Mr. Pendleton, who was zealously attached

to ancient establishments; and who, taken all in all, was the ablest man

in debate I have ever met with. He had not indeed the poetical fancy of

Mr. Henry, his sublime imagination, his lofty and overwhelming diction;

but he was cool, smooth, and persuasive; his language flowing, chaste,

and embellished; his conceptions quick, acute, and full of resource;

never vanquished; for if he lost the main battle, he returned upon

you, and regained so much of it as to make it a drawn one, by dexterous

manoeuvres, skirmishes in detail, and the recovery of small advantages

which, little singly, were important all together. You never knew when

you were clear of him, but were harassed by his perseverance, until the

patience was worn down of all who had less of it than himself. Add to

this, that he was one of the most virtuous and benevolent of men, the

kindest friend, the most amiable and pleasant of companions, which

ensured a favorable reception to whatever came from him. Finding that

the general principle of entails could not be maintained, he took

his stand on an amendment which he proposed, instead of an absolute

abolition, to permit the tenant in tail to convey in fee simple, if he

chose it: and he was within a few votes of saving so much of the old

law. But the bill passed finally for entire abolition.

In that one of the bills for organizing our judiciary system, which

proposed a court of Chancery, I had provided for a trial by jury of all

matters of fact, in that as well as in the courts of law. He defeated

it by the introduction of four words only, ‘if either party choose?’ The

consequence has been, that as no suitor will say to his judge, ‘Sir, I

distrust you, give me a jury,’ juries are rarely, I might say perhaps

never, seen in that court, but when called for by the Chancellor of his

own accord.

The first establishment in Virginia, which became permanent, was made in

1607. I have found no mention of negroes in the colony until about 1650.

The first brought here as slaves were by a Dutch ship; after which the

English commenced the trade, and continued it until the revolutionary

war. That suspended, _ipso facto,_ their further importation for

the present, and the business of the war pressing constantly on the

legislature, this subject was not acted on finally until the year ‘78,

when I brought in a bill to prevent their further importation. This

passed without opposition, and stopped the increase of the evil by

importation, leaving to future efforts its final eradication.

The first settlers of this colony were Englishmen, loyal subjects to

their king and church; and the grant to Sir Walter Raleigh contained

an express proviso, that their laws should not be against the true

Christian faith, now professed in the church of England.’ As soon as the

state of the colony admitted, it was divided into parishes, in each of

which was established a minister of the Anglican church, endowed with

a fixed salary, in tobacco, a glebe house and land, with the other

necessary appendages. To meet these expenses, all the inhabitants of

the parishes were assessed, whether they were or not members of the

established church. Towards Quakers, who came here, they were most

cruelly intolerant, driving them from the colony by the severest

penalties. In process of time, however, other sectarisms were

introduced, chiefly of the Presbyterian family; and the established

clergy, secure for life in their glebes and salaries, adding to these,

generally, the emoluments of a classical school, found employment enough

in their farms and school-rooms, for the rest of the week, and devoted

Sunday only to the edification of their flock, by service, and a sermon

at their parish church. Their other pastoral functions were little

attended to. Against this inactivity, the zeal and industry of sectarian

preachers had an open and undisputed field; and by the time of the

revolution, a majority of the inhabitants had become dissenters from

the established church, but were still obliged to pay contributions to

support the pastors of the minority. This unrighteous compulsion, to

maintain teachers of what they deemed religious errors, was grievously

felt during the regal government, and without a hope of relief. But

the first republican legislature, which met in ‘76, was crowded with

petitions to abolish, this spiritual tyranny. These brought on the

severest contests in which I have ever been engaged. Our great opponents

were Mr. Pendleton and Robert Carter Nicholas; honest men, but zealous

churchmen. The petitions were referred to the committee of the whole

House on the state of the country; and, after desperate contests in

that committee, almost daily, from the 11th of October to the 5th

of December, we prevailed so far only, as to repeal the laws, which

rendered criminal the maintenance of any religious opinions, the

forbearance of repairing to church, or the exercise of any mode of

worship: and further, to exempt dissenters from contributions to the

support of the established church; and to suspend, only until the next

session, levies on the members of the church for the salaries of

their own incumbents. For although the majority of our citizens were

dissenters, as has been observed, a majority of the legislature were

churchmen. Among these, however, were some reasonable and liberal men,

who enabled us, on some points, to obtain feeble majorities. But our

opponents carried, in the general resolutions of the committee of

November 19, a declaration, that religious assemblies ought to be

regulated, and that provision ought to be made for continuing the

succession of the clergy, and superintending their conduct. And in the

bill now passed, was inserted an express reservation of the question,

Whether a general assessment should not be established by law, on every

one, to the support of the pastor of his choice; or whether all should

be left to voluntary contributions: and on this question, debated at

every session from ‘76 to ‘79 (some of our dissenting allies, having

now secured their particular object, going over to the advocates of a

general assessment), we could only obtain a suspension from session to

session until ‘79, when the question against a general assessment was

finally carried, and the establishment of the Anglican church entirely

put down. In justice to the two honest but zealous opponents, who have

been named, I must add, that although, from their natural temperaments,

they were more disposed generally to acquiesce in things as they

are, than to risk innovations; yet, whenever the public will had once

decided, none were more faithful or exact in their obedience to it.

The seat of our government had been originally fixed in the peninsula

of Jamestown, the first settlement of the colonists; and had been

afterwards removed a few miles inland to Williamsburg. But this was at

a time when our settlements had not extended beyond the tide waters. Now

they had crossed the Allegany; and the centre of population was very far

removed from what it had been. Yet Williamsburg was still the depository

of our archives, the habitual residence of the Governor, and many other

of the public functionaries, the established place for the sessions

of the legislature, and the magazine of our military stores: and its

situation was so exposed, that it might be taken at any time in war,

and, at this time particularly, an enemy might in the night run up

either of the rivers, between which it lies, land a force above, and

take possession of the place, without the possibility of saving either

persons or things. I had proposed its removal so early as October, ‘76;

but it did not prevail until the session of May, ‘79.

Early in the session of May, ‘79, I prepared, and obtained leave to

bring in a bill, declaring who should be deemed citizens, asserting the

natural right of expatriation, and prescribing the mode of exercising

it. This, when I withdrew from the house on the 1st of June following, I

left in the hands of George Mason, and it was passed on the 26th of that

month.

In giving this account of the laws, of which I was myself the mover

and draughtsman, I by no means mean to claim to myself the merit of

obtaining their passage. I had many occasional and strenuous coadjutors

in debate, and one, most steadfast, able, and zealous; who was himself

a host. This was George Mason, a man of the first order of wisdom among

those who acted on the theatre of the revolution, of expansive mind,

profound judgment, cogent in argument, learned in the lore of our former

constitution, and earnest for the republican change, on democratic

principles. His elocution was neither flowing nor smooth; but his

language was strong, his manner most impressive, and strengthened by a

dash of biting cynicism, when provocation made it seasonable.

Mr. Wythe, while speaker in the two sessions of 1777, between his return

from Congress and his appointment to the Chancery, was an able and

constant associate in whatever was before a committee of the whole. His

pure integrity, judgment, and reasoning powers gave him great weight. Of

him, see more in some notes inclosed in my letter of August 31, 1821, to

Mr. John Saunderson. [See Appendix, note A.]

Mr. Madison came into the House in 1776, a new member, and young;

which circumstances, concurring with his extreme modesty, prevented his

venturing himself in debate before his removal to the Council of State,

in November, ‘77. From thence he went to Congress, then consisting of

few members. Trained in these successive schools, he acquired a habit of

self-possession, which placed at ready command the rich resources of his

luminous and discriminating mind, and of his extensive information, and

rendered him the first of every assembly afterwards, of which he became

a member. Never wandering from his subject into vain declamation, but

pursuing it closely, in language pure, classical, and copious, soothing

always the feelings of his adversaries by civilities and softness of

expression, he rose to the eminent station which he held in the great

National Convention of 1787; and in that of Virginia, which followed,

he sustained the new constitution in all its parts, bearing off the palm

against the logic of George Mason, and the fervid declamation of Mr.

Henry. With these consummate powers, was united a pure and spotless

virtue, which no calumny has ever attempted to sully. Of the powers

and polish of his pen, and of the wisdom of his administration in the

highest office of the nation, I need say nothing. They have spoken, and

will for ever speak for themselves.

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