MONDAY JULY 2^D IN CONVENTION.

On the question for allowing each State one vote in the second branch as

moved by M^r Elseworth, Mass^{ts} no. Con^t ay. N. Y. ay. N. J. ay. P^a

no. Del. ay. M^d ay. M^r Jenifer being not present M^r Martin alone

voted V^a no. N. C. no. S. C. no. Geo. div^d. M^r Houston no. M^r

Baldwin ay.

M^r Pinkney thought an equality of votes in the 2^d branch inadmissible.

At the same time candor obliged him to admit that the large States would

feel a partiality for their own Citizens & give them a preference, in

appointments: that they might also find some common points in their

Commercial interests, and promote treaties favorable to them. There is a

real distinction [between] the Northern & South^n interests. N. Carol^a

S. Carol: & Geo. in their Rice & Indigo had a peculiar interest which

might be sacrificed. How then shall the larger States be prevented from

administering the Gen^l Gov^t as they please, without being themselves

unduly subjected to the will of the smaller? By allowing them some but

not a full, proportion. He was extremely anxious that something should

be done, considering this as the last appeal to a regular experiment.

Cong^s have failed in almost every effort for an amendment of the

federal System. Nothing has prevented a dissolution of it, but the

appointm^t of this Convention; & he could not express his alarms for the

consequence of such an event. He read his motion, to form the States

into classes, with an apportionment of Senators among them (see Art: 4,

of his plan).

General Pinkney was willing the motion might be considered. He did not

entirely approve it. He liked better the motion of Doc^r Franklin (which

see Saturday June 30). Some Compromise seemed to be necessary, the

States being exactly divided on the question for an equality of votes in

the 2^d branch. He proposed that a Committee consisting of a member from

each State should be appointed to devise & report some compromise.

M^r L. Martin had no objection to a commitment, but no modifications

whatever could reconcile the Smaller States to the least diminution of

their equal Sovereignty.

M^r Sherman. We are now at a full stop, and nobody he supposed meant

that we sh^d break up without doing something. A committee he thought

most likely to hit on some expedient.

[123]Mr. Gov^r Morris. thought a Com^e adviseable as the Convention had

been equally divided. He had a stronger reason also. The mode of

appointing the 2^d branch tended he was sure to defeat the object of it.

What is this object? To check the precipitation, changeableness, and

excesses of the first branch. Every man of observation had seen in the

democratic branches of the State Legislatures, precipitation--in

Congress changeableness, in every department excesses ag^{st} personal

liberty private property & personal safety. What qualities are necessary

to constitute a check in this case? _Abilities_ and _virtue_, are

equally necessary in both branches. Something more then is now wanted,

1. the checking branch must have a personal interest in checking the

other branch, one interest must be opposed to another interest. Vices as

they exist, must be turned ag^{st} each other. 2. It must have great

personal property, it must have the aristocratic spirit; it must love to

lord it thro' pride. Pride is indeed the great principle that actuates

both the poor & the rich. It is this principle which in the former

resists, in the latter abuses authority. 3. It should be independent. In

Religion the Creature is apt to forget its Creator. That it is otherwise

in Political Affairs, the late debates here are an unhappy proof. The

aristocratic body, should be as independent & as firm as the democratic.

If the members of it are to revert to a dependence on the democratic

choice, the democratic scale will preponderate. All the guards contrived

by America have not restrained the Senatorial branches of the

Legislatures from a servile complaisance to the democratic. If the 2^d

branch is to be dependent we are better without it. To make it

independent, it should be for life. It will then do wrong, it will be

said. He believed so; He hoped so. The Rich will strive to establish

their dominion & enslave the rest. They always did. They always will.

The proper security ag^{st} them is to form them into a separate

interest. The two forces will then controul each other. Let the rich mix

with the poor and in a Commercial Country, they will establish an

Oligarchy. Take away commerce, and the democracy will triumph. Thus it

has been all the world over. So it will be among us. Reason tells us we

are but men: and we are not to expect any particular interference of

Heaven in our favor. By thus combining & setting apart, the aristocratic

interest, the popular interest will be combined ag^{st} it. There will

be a mutual check and mutual security. 4. An independence for life,

involves the necessary permanency. If we change our measures nobody will

trust us: and how avoid a change of measures, but by avoiding a change

of men. Ask any man if he confides in Cong^s if he confides in the State

of Pen^a if he will lend his money or enter into contract? He will tell

you no. He sees no stability. He can repose no confidence. If G. B. were

to explain her refusal to treat with us, the same reasoning would be

employed.--He disliked the exclusion of the 2^d branch from holding

offices. It is dangerous. It is like the imprudent exclusion of the

military officers during the war, from civil appointments. It deprives

the Executive of the principal source of influence. If danger be

apprehended from the Executive what a left-handed way is this of

obviating it? If the son, the brother or the friend can be appointed,

the danger may be even increased, as the disqualified father &c. can

then boast of a disinterestedness which he does not possess. Besides

shall the best, the most able, the most virtuous citizens not be

permitted to hold offices? Who then are to hold them? He was also

ag^{st} paying the Senators. They will pay themselves if they can. If

they can not they will be rich and can do without it. Of such the 2^d

branch ought to consist; and none but such can compose it if they are

not to be paid--He contended that the Executive should appoint the

Senate & fill up vacancies. This gets rid of the difficulty in the

present question. You may begin with any ratio you please; it will come

to the same thing. The members being independ^t & for life, may be taken

as well from one place as from another.--It should be considered too how

the scheme could be carried through the States. He hoped there was

strength of mind eno' in this House to look truth in the face. He did

not hesitate therefore to say that loaves & fishes must bribe the

Demagogues. They must be made to expect higher offices under the general

than the State Gov^{ts}. A Senate for life will be a noble bait. Without

such captivating prospects, the popular leaders will oppose & defeat the

plan. He perceived that the 1^{st} branch was to be chosen by the people

of the States; the 2^d by those chosen by the people. Is not here a

Gov^t by the States, a Govern^t by Compact between Virg^a in the 1^{st}

& 2^d branch, Mass^{ts} in the 1^{st} & 2^d branch &c. This is going

back to mere treaty. It it no Gov^t at all. It is altogether dependent

on the States, and will act over again the part which Cong^s has acted.

A firm Govern^t alone can protect our liberties. He fears the influence

of the rich. They will have the same effect here as elsewhere if we do

not by such a Gov^t keep them within their proper sphere. We should

remember that the people never act from reason alone. The Rich will take

the advantage of their passions & make these the instruments for

oppressing them. The Result of the Contest will be a violent

aristocracy, or a more violent despotism. The schemes of the Rich will

be favored by the extent of the Country. The people in such distant

parts cannot communicate & act in concert. They will be the dupes of

those who have more knowledge & intercourse. The only security ag^{st}

encroachments will be a select & sagacious body of men, instituted to

watch ag^{st} them on all sides. He meant only to hint these

observations, without grounding any motion on them.

[123] He had just returned from N. Y. hav^g left y^e Convention

a few days after it commenced business.--Madison's Note.

M^r Randolph favored the commitment though he did not expect much

benefit from the expedient. He animadverted on the warm & rash language

of M^r Bedford on Saturday; reminded the small States that if the large

States should combine some danger of which he did not deny there would

be a check in the revisionary power of the Executive, and intimated that

in order to render this still more effectual, he would agree that in the

choice of an Executive each State should have an equal vote. He was

persuaded that two such opposite bodies as M^r Morris had planned, could

never long co-exist. Dissentions would arise, as has been seen even

between the Senate and H. of Delegates in Maryland, appeals would be

made to the people; and in a little time commotions would be the

result--He was far from thinking the large States could subsist of

themselves any more than the small; an avulsion would involve the whole

in ruin, and he was determined to pursue such a scheme of Government as

would secure us ag^{st} such a calamity.

M^r Strong was for the co[~m]itment; and hoped the mode of constituting

both branches would be referred. If they should be established on

different principles, contentions would prevail, and there would never

be a concurrence in necessary measures.

Doc^r Williamson. If we do not concede on both sides, our business must

soon be at an end. He approved of the co[~m]itment, supposing that as

the Com^e w^d be a smaller body, a compromise would be pursued with more

coolness.

M^r Wilson objected to the Committee, because it would decide according

to that very rule of voting which was opposed on one side. Experience in

Cong^s had also proved the inutility of Committees consisting of members

from each State.

M^r Lansing w^d not oppose the commitment, though expecting little

advantage from it.

M^r Madison opposed the Co[~m]itment. He had rarely seen any other

effect than delay from _such_ Committees in Cong^s. Any scheme of

compromise that could be proposed in the Committee might as easily be

proposed in the House; and the report of the Committee where it

contained merely the _opinion_ of the Com^e would neither shorten the

discussion, nor influence the decision of the House.

M^r Gerry was for the commitm^t. Something must be done, or we shall

disappoint not only America, but the whole world. He suggested a

consideration of the State we should be thrown into by the failure of

the Union. We should be without an Umpire to decide controversies and

must be at the mercy of events. What too is to become of our

treaties--what of our foreign debts, what of our domestic? We must make

concessions on both sides. Without these the Constitutions of the

several States would never have been formed.

On the question "for co[~m]iting," generally:

Mass^{ts} ay. Con^t ay. N. Y. ay. N. J. no. P. ay.

Del. no. M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.

The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1 · 第 82 / 114 题