THURSDAY JUNE 28TH. IN CONVENTION

M^r L. Martin resumed his discourse,[116] contending that the Gen^l

Gov^t ought to be formed for the States, not for individuals: that if

the States were to have votes in proportion to their numbers of people,

it would be the same thing whether their representatives were chosen by

the Legislatures or the people; the smaller States would be equally

enslaved; that if the large States have the same interest with the

smaller as was urged, there could be no danger in giving them an equal

vote; they would not injure themselves, and they could not injure the

large ones on that supposition without injuring themselves and if the

interests, were not the same, the inequality of suffrage w^d be

dangerous to the smaller States: that it will be in vain to propose any

plan offensive to the rulers of the States, whose influence over the

people will certainly prevent their adopting it: that the large States

were weak at present in proportion to their extent; & could only be made

formidable to the small ones, by the weight of their votes: that in case

a dissolution of the Union should take place, the small States would

have nothing to fear from their power; that if in such a case the three

great States should league themselves together, the other ten could do

so too; & that he had rather see partial Confederacies take place, than

the plan on the table. This was the substance of the residue of his

discourse which was delivered with much diffuseness & considerable

vehemence.

[116] Yates gives Martin's speech more fully:

"On federal grounds, it is said, that a minority will govern

a majority--but on the Virginia plan a minority would tax a

majority. In a federal government, a majority of states must

and ought to tax. In the local government of states,

counties may be unequal--still numbers, not property,

govern. What is the government now forming, over states or

persons? As to the latter, their rights cannot be the object

of a general government. These are already secured by their

guardians, the state governments. The general government is

therefore intended only to protect and guard the rights of

the states as states.

"This general government, I believe, is the first upon earth

which gives checks against democracies or aristocracies. The

only necessary check in a general government ought to be a

restraint to prevent its absorbing the powers of the state

governments. Representation on federal principles can only

flow from state societies. Representation and taxation are

ever inseparable--not according to the quantum of property,

but the quantum of freedom.

"Will the representatives of a state forget state interests?

The mode of election cannot change it. These prejudices

cannot be eradicated--Your general government cannot be just

or equal upon the Virginia plan, unless you abolish state

interests. If this cannot be done, you must go back to

principles purely federal.

"On this latter ground, the state legislatures and their

constituents will have no interests to pursue different from

the general government, and both will be interested to

support each other. Under these ideas can it be expected

that the people can approve the Virginia plan? But it is

said, the people, not the state legislatures, will be called

upon for approbation--with an evident design to separate the

interests of the governors from the governed. What must be

the consequence? Anarchy and confusion. We lose the ideas of

the powers with which we are intrusted. The legislatures

must approve. By them it must, on your own plan, be laid

before the people. How will such a government, over so many

great states, operate. Wherever new settlements have been

formed in large states, they immediately want to shake off

their independency. Why? Because the government is too

remote for their good. The people want it nearer home.

"The basis of all ancient and modern confederacies is the

freedom and the independency of the states composing it. The

states forming the amphictionic council were equal, though

Lacedemon, one of the greatest states, attempted the

exclusion of three of the lesser states from this right. The

plan reported, it is true, only intends to diminish those

rights, not to annihilate them--It was the ambition and

power of the great Grecian states which at last ruined this

respectable council. The states as societies are ever

respectful. Has Holland or Switzerland ever complained of

the equality of the states which compose their respective

confederacies? Bern and Zurich are larger than the remaining

eleven cantons--so of many of the states of Germany; and yet

their governments are not complained of. Bern alone might

usurp the whole power of the Helvetic confederacy, but she

is contented still with being equal.

"The admission of the larger states into the confederation,

on the principle of equality, is dangerous--But on the

Virginia system it is ruinous and destructive. Still it is

the true interest of all the states to confederate--It is

their joint efforts which must protect and secure us from

foreign danger, and give us peace and harmony at home.

"(Here Mr. Martin entered into a detail of the comparative

powers of each state, and stated their probable weakness and

strength.)

"At the beginning of our troubles with Great Britain, the

smaller states were attempted to be cajoled to submit to the

views of that nation, lest the larger states should usurp

their rights. We then answered them--your present plan is

slavery, which on the remote prospect of a distant evil, we

will not submit to.

"I would rather confederate with any single state, than

submit to the Virginia plan. But we are already

confederated, and no power on earth can dissolve it but by

the consent of _all_ the contracting powers--and four

states, on this floor, have already declared their

opposition to annihilate it. Is the old confederation

dissolved, because some of the states wish a new

confederation?"--Yates, _Secret Proceedings_, etc., 177.

M^r Lansing & M^r Dayton moved to strike out "not," so that the 7 art.

might read that the rights of suffrage in the 1^{st} branch ought to be

according to the rule established by the Confederation."

M^r Dayton expressed great anxiety that the question might not be put

till tomorrow; Govern^r Livingston being kept away by indisposition, and

the representation of N. Jersey thereby suspended.

M^r Williamson, thought that if any political truth could be grounded on

mathematical demonstration, it was that if the States were equally

sovereign now, and parted with equal proportions of sovereignty, that

they would remain equally sovereign. He could not comprehend how the

smaller States would be injured in the case, and wished some Gentleman

would vouchsafe a solution of it. He observed that the small States, if

they had a plurality of votes would have an interest in throwing the

burdens off their own shoulders on those of the large ones. He begged

that the expected addition of new States from the Westward might be kept

in view. They would be small States, they would be poor States, they

would be unable to pay in proportion to their numbers; their distance

from market rendering the produce of their labour less valuable; they

would consequently be tempted to combine for the purpose of laying

burdens on com[~m]erce & consumption which would fall with greatest

weight on the old States.

M^r Madison, s^d he was much disposed to concur in any expedient not

inconsistent with fundamental principles, that could remove the

difficulty concerning the rule of representation. But he could neither

be convinced that the rule contended for was just, nor necessary for the

safety of the small States ag^{st} the large States. That it was not

just, had been conceded by M^r Breerly & M^r Paterson themselves. The

expedient proposed by them was a new partition of the territory of the

U. States. The fallacy of the reasoning drawn from the equality of

Sovereign States in the formation of compacts, lay in confounding

together mere Treaties, in which were specified certain duties to which

the parties were to be bound, and certain rules by which their subjects

were to be reciprocally governed in their intercourse, with a compact by

which an authority was created paramount to the parties, & making laws

for the government of them. If France, England & Spain were to enter

into a Treaty for the regulation of commerce &c. with the Prince of

Monacho & 4 or 5 other of the smallest sovereigns of Europe, they would

not hesitate to treat as equals, and to make the regulations perfectly

reciprocal. W^d the case be the same, if a Council were to be formed of

deputies from each with authority and discretion, to raise money, levy

troops, determine the value of coin &c.? Would 30 or 40, million of

people submit their fortunes into the hands of a few thousands? If they

did it would only prove that they expected more from the terror of their

superior force, than they feared from the selfishness of their feeble

associates. Why are Counties of the Same States represented in

proportion to their numbers? Is it because the representatives are

chosen by the people themselves? So will be the representatives in the

Nation^l Legislature. Is it because, the larger have more at stake than

the smaller? The Case will be the same with the larger & smaller States.

Is it because the laws are to operate immediately on their persons &

properties? The same is the case in some degree as the articles of

confederation stand; the same will be the case in a far greater degree,

under the plan proposed to be substituted. In the cases of captures, of

piracies, and of offences in a federal army, the property & persons of

individuals depend on the laws of Cong^s. By the plan proposed a

compleat power of taxation, the highest prerogative of supremacy is

proposed to be vested in the National Gov^t. Many other powers are added

which assimilate it to the Gov^t of individual States. The negative

proposed on the State laws, will make it an essential branch of the

State Legislatures & of course will require that it should be exercised

by a body established on like principles with the other branches of

those Legislatures.--That it is not necess[~a]y to secure the small States

ag^{st} the large ones he conceived to be equally obvious: Was a

combination of the large ones dreaded? This must arise either from some

interest common to V^a Mass^{ts} & P^a & distinguishing them from the

other States, or from the mere circumstance of similarity of size. Did

any such common interest exist? In point of situation they could not

have been more effectually separated from each other by the most jealous

citizen of the most jealous State. In point of manners, Religion, and

the other circumstances which sometimes beget affection between

different communities, they were not more assimilated than the other

States--In point of the staple productions they were as dissimilar as

any three other States in the Union. The Staple of Mass^{ts} was _fish_,

of P^a _flower_, of V^a _Tob^o_. Was a Combination to be apprehended

from the mere circumstance of equality of size? Experience suggested no

such danger. The journals of Cong^s did not present any peculiar

association of these States in the votes recorded. It had never been

seen that different Counties in the same State, conformable in extent,

but disagreeing in other circumstances, betrayed a propensity to such

combinations. Experience rather taught a contrary lesson. Among

individuals of superior eminence & weight in Society, rivalships were

much more frequent than coalitions. Among independent Nations,

pre-eminent over their neighbours, the same remark was verified.

Carthage & Rome tore one another to pieces instead of uniting their

forces to devour the weaker nations of the Earth. The Houses of Austria

& France were hostile as long as they remained the greatest powers of

Europe. England & France have succeeded to the pre-eminence & to the

enmity. To this principle we owe perhaps our liberty. A coalition

between those powers would have been fatal to us. Among the principal

members of antient & Modern confederacies, we find the same effect from

the same cause. The contentions, not the Coalitions of Sparta, Athens &

Thebes, proved fatal to the smaller members of the Amphyctionic

Confederacy. The contentions, not the combinations of Prussia & Austria,

have distracted & oppressed the German empire. Were the large States

formidable _singly_ to their smaller neighbours? On this supposition the

latter ought to wish for such a General Gov^t as will operate with equal

energy on the former as on themselves. The more lax the band, the more

liberty the larger will have to avail themselves of their superior

force. Here again Experience was an instructive monitor. What is y^e

situation of the weak compared with the strong in those stages of

civilization in which the violence of individuals is least controuled by

an efficient Government? The Heroic period of Antient Greece, the feudal

licentiousness of the middle ages of Europe, the existing condition of

the American Savages, answer this question. What is the situation of the

minor sovereigns in the great society of independent nations, in which

the more powerful are under no controul but the nominal authority of the

law of Nations? Is not the danger to the former exactly in proportion to

their weakness. But there are cases still more in point. What was the

condition of the weaker members of the Amphyctionic Confederacy.

Plutarch (life of Themistocles) will inform us that it happened but too

often that the strongest cities corrupted & awed the weaker, and that

Judgment went in favor of the more powerful party. What is the condition

of the lesser states in the German Confederacy? We all know that they

are exceedingly trampled upon: and that they owe their safety as far as

they enjoy it, partly to their enlisting themselves, under the rival

banners of the pre-eminent members, partly to alliances with

neighbouring Princes which the Constitution of the Empire does not

prohibit. What is the state of things in the lax system of the Dutch

Confederacy? Holland contains about 1/2 the People, supplies about 1/2

of the money, and by her influence, silently & indirectly governs the

whole republic. In a word; the two extremes before us are a perfect

separation & a perfect incorporation, of the 13 States. In the first

case they would be independent nations subject to no law, but the law of

nations. In the last, they would be mere counties of one entire

republic, subject to one common law. In the first case the smaller

States would have every thing to fear from the larger. In the last they

would have nothing to fear. The true policy of the small States

therefore lies in promoting those principles & that form of Gov^t which

will most approximate the States to the condition of counties. Another

consideration may be added. If the Gen^l Gov^t be feeble, the large

States distrusting its continuance, and foreseeing that their importance

& security may depend on their own size & strength, will never submit to

a partition. Give to the Gen^l Gov^t sufficient energy & permanency, &

you remove the objection. Gradual partitions of the large, & junctions

of the small States will be facilitated, and time may effect that

equalization, which is wished for by the small States now, but can never

be accomplished at once.

M^r Wilson. The leading argument of those who contend for equality of

votes among the States is that the States as such being equal, and being

represented not as districts of individuals, but in their political &

corporate capacities, are entitled to an equality of suffrage. According

to this mode of reasoning the representation of the boroughs in Engl[~d]

which has been allowed on all hands to be the rotten part of the

Constitution, is perfectly right & proper. They are like the States

represented in their corporate capacity like the States therefore they

are entitled to equal voices, old Sarum to as many as London. And

instead of the injury supposed hitherto to be done to London, the true

ground of Complaint lies with old Sarum: for London instead of two which

is her proper share, sends four representatives to Parliament.[117]

[117] According to King's Notes, Charles Pinckney spoke after

Madison: "_Charles Pinckney._ The Honors & offices may

become the objects of strong desire and of combination to

acquire them. If Representatives be apportioned among the

States in the Ratio of numbers, the Citizens will be free

and equal but the States will be unequal, and their

sovereignty will be degraded."--King's _Life and

Correspondence of Rufus King_, i., 610.

M^r Sherman. The question is not what rights naturally belong to man;

but how they may be most equally & effectually guarded in Society. And

if some give up more than others in order to obtain this end, there can

be no room for complaint. To do otherwise, to require an equal

concession from all, if it would create danger to the rights of some,

would be sacrificing the end to the means. The rich man who enters into

Society along with the poor man, gives up more than the poor man, yet

with an equal vote he is equally safe. Were he to have more votes than

the poor man in proportion to his superior stake the rights of the poor

man would immediately cease to be secure. This consideration prevailed

when the articles of Confederation were formed.[118]

[118] According to Yates, Madison followed Sherman: "Mr.

Madison. There is danger in the idea of the gentleman from

Connecticut. Unjust representation will ever produce it. In

the United Netherlands, Holland governs the whole, although

she has only one vote. The counties in Virginia are

exceedingly disproportionate, and yet the smaller has an

equal vote with the greater, and no inconvenience

arises."--Yates, _Secret Proceedings_, etc., 182.

The determination of the question from striking out the word "not" was

put off till tomorrow at the request of the Deputies of N. York.

Doc^r Franklin. M^r President.

The small progress we have made after 4 or five weeks close attendance &

continual reasonings with each other--our different sentiments on almost

every question, several of the last producing as many noes as ays, is

methinks a melancholy proof of the imperfection of the Human

Understanding. We indeed seem to feel our own want of political wisdom,

since we have been running about in search of it. We have gone back to

ancient history for models of Government, and examined the different

forms of those Republics which having been formed with the seeds of

their own dissolution now no longer exist. And we have viewed Modern

States all round Europe, but find none of their Constitutions suitable

to our circumstances.

In this situation of this Assembly, groping as it were in the dark to

find political truth, and scarce able to distinguish it when presented

to us, how has it happened, Sir, that we have not hitherto once thought

of humbly applying to the Father of lights to illuminate our

understandings? In the beginning of the Contest with G. Britain, when we

were sensible of danger we had daily prayer in this room for the divine

protection.--Our prayers, Sir, were heard, & they were graciously

answered. All of us who were engaged in the struggle must have observed

frequent instances of a superintending providence in our favor. To that

kind providence we owe this happy opportunity of consulting in peace on

the means of establishing our future national felicity. And have we now

forgotten that powerful friend? or do we imagine that we no longer need

his assistance? I have lived, Sir, a long time, and the longer I live,

the more convincing proofs I see of this truth--_that God Governs in the

affairs of men_. And if a sparrow cannot fall to the ground without his

notice, is it probable that an empire can rise without his aid? We have

been assured, Sir, in the sacred writings that "except the Lord build

the House they labour in vain that build it." I firmly believe this; and

I also believe that without his concurring aid we shall succeed in this

political building no better than the Builders of Babel: We shall be

divided by our little partial local interests; our projects will be

confounded, and we ourselves shall become a reproach and bye word down

to future ages. And what is worse, mankind may hereafter from this

unfortunate instance, despair of establishing Governments by Human

wisdom and leave it to chance, war and conquest.

I therefore beg leave to move--that henceforth prayers imploring the

assistance of Heaven, and its blessings on our deliberations, be held in

this Assembly every morning before we proceed to business, and that one

or more of the Clergy of this City be requested to officiate in that

Service--

M^r Sherman seconded the motion.

M^r Hamilton & several others expressed their apprehensions that however

proper such a resolution might have been at the beginning of the

convention, it might at this late day, 1. bring on it some disagreeable

animadversions, & 2. lead the public to believe that the embarrassments

and dissensions within the Convention, had suggested this measure. It

was answered by Doc^r F. M^r Sherman & others, that the past omission of

a duty could not justify a further omission--that the rejection of such

a proposition would expose the Convention to more unpleasant

animadversions than the adoption of it: and that the alarm out of doors

that might be excited for the state of things within, would at least be

as likely to do good as ill.

M^r Williamson, observed that the true cause of the omission could not

be mistaken. The Convention had no funds.

M^r Randolph proposed in order to give a favorable aspect to y^e

measure, that a sermon be preached at the request of the convention on

4^{th} of July, the anniversary of Independence; & thenceforward prayers

be used in y^e Convention every morning. D^r Frank^n 2^{ded} this

motion. After several unsuccessful attempts for silently postponing this

matter by adjourn^g the adjournment was at length carried, without any

vote on the motion.

The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1 · 第 78 / 114 题