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360

GRAND COMMITTEE APPOINTED.

[CHAP. IV.

a competition among these States took place, the small States must be ruined. He averred that the small States would never submit to the degradation; and in case of a dissolution of the Union, they would find some foreign ally that would do them justice.

Mr. King urged that expedients could be devised to give the small States ample security for their rights by constitutional provisions. He referred to the mingled union between England and Scotland. He, with delicacy, but severity, rebuked Mr. Bedford for being ready to court foreign assistance.

On the second of July the question was undecided, there being five ayes, five noes, and Georgia was divided.

General Pinckney proposed that a committee, consisting of a member from each State, should be appointed to devise some compromise of the question.

Mr. Gouverneur Morris, in supporting the motion, descanted on the importance of checking the excess of the democratic spirit which he said had, in the State Legislatures, produced precipitation-in Congress, changeableness; in every department, excesses against personal liberty, property, and safety. The checking branch must have a personal interest in restraining the other branch. If the second branch is to be dependent, we are better without it. To make it independent, its members should be elected for life. He thought the aristocratic interest and the popular interest would check each other. He dilated upon the advantages of this plan by giving stability to the government, respectability abroad, and by offering rewards to ambition. The question of the commitment received the votes of all the States, except New Jersey and Delaware.

On the fifth of July, the committee, in their report, proposed that, in the first branch of the Legislature, each

1787.]

COMPROMISE AMONG THE STATES.

361

State should have a member for every forty thousand inhabitants; that money-bills should originate in this branch; and that, in the second branch, the States should have equal votes; but that neither of the propositions was to be adopted singly.

This compromise had been suggested in the committee by Dr. Franklin; and it received the bare acquiescence of the members from the larger States.

The whole subject was again fully discussed in the convention by Mr. Madison, Mr. Butler, and Mr. G. Morris, in opposition to the report; and by Mr. Bedford, in defence of the small States. He took occasion to say that he had been misapprehended in what he had said regarding foreign nations; and he excused himself for the introduction of the topic by the warmth of his feelings.

After much discussion on the various parts of the report, as to the number of representatives, the principle that population, instead of contribution, should determine the number of delegates from each State, and the effect of the provisions regarding money-bills as a concession to the large States-on the question concerning money-bills there were five ayes in favor of the report, three noes, and four States divided. The question was considered as carried.

On the question of allowing an equality of votes in the second branch, there were six ayes- Pennsylvania, Virginia, and South Carolina, no- and Georgia divided.

It was then settled, after the appointment of two committees, and much discussion, that the first branch, or House of Representatives, should at first consist of sixtyfive members, which were distributed among the States according to their supposed numbers, counting five slaves as equivalent to three free persons; and this

362

REPRESENTATION FOR SLAVES.

[CHAP. IV. apportionment received the support of nine States; South Carolina and Georgia voted in the negative; and New Hampshire was unrepresented.

On the question of agreeing to the whole report, as amended, there were five ayes, Connecticut, New Jersey, Delaware, Maryland, and North Carolina; Pennsyl vania, Virginia, South Carolina, and Georgia, no; Massachusetts divided; New Hampshire and New York not voting and thus this delicate and irritating question was put to rest, though by a majority of votes representing a minority of the people.

In counting three-fifths of the slaves to determine the number of delegates to which each State was entitled, there was a discrepancy of interests among States altogether different from that which had divided them on the question of the votes of the States in the Senate.

Mr. Patterson, of New Jersey, was against allowing any representation to a State for its slaves. He could regard them only as property. As they are not represented in the State government, neither ought they in the General government. He was also opposed to such an indirect encouragement of the slave trade.

Mr. King urged that the four Eastern States, having eight hundred thousand inhabitants, have one-third fewer members than the four Southern States, with only seven hundred thousand, rating the blacks as five to three.'

1 In the facts here assumed by Mr. King, he was egregiously mistaken. Under the first distribution of representatives in Congress, the New England States were entitled to seventeen members; and the four Southern States, including Kentucky and Tennessee, to twenty-seven members. But according to the census of 1790, the population of the New England States was..

And that of the Southern States, including Kentucky and Tennessee, as before, was....

726,275

1,473,680

By the apportionment then made, the last-mentioned States were enti

1787.]

REPRESENTATION FOR SLAVES.

363

The members from South Carolina thought that all the slaves should be counted; which was opposed by the members from Massachusetts.

Mr. Mason was opposed to it, though advantageous to Virginia, because he did not consider it just.

Each party taxed the other with inconsistency, when the subject of taxation was under consideration - the Eastern States then regarding the labor of blacks as equal to that of whites, and the Southern States maintaining that it was greatly inferior.

On the question of rating their numbers fully, there were seven noes; Delaware, South Carolina, and Georgia, in the affirmative; New York was not represented.

Mr. King was against reckoning the slaves. It would excite great discontent among the States having no slaves.

Mr. Wilson was disposed to admit a portion of the blacks in the enumeration, by way of compromise; but apprehended that their admission would give disgust to the people of Pennsylvania.

Gouverneur Morris said he was reduced to the dilemma of doing injustice either to the Southern States, or to human nature; and he must therefore do it to the former. He could not consent to encourage the slave-trade, by allowing those States a representation for their slaves.

On the question of including three-fifths of the slaves, Connecticut, Virginia, North Carolina, and Georgia, voted ay; the other States no; New Hampshire and New York were unrepresented.

Mr. Davis, on a subsequent day, remarked that it was obviously meant by some to deprive the Southern States

tled to thirty-seven members, and the New England States to twentyseven; thus indicating that, in the distribution of members to the first Congress, they received a somewhat larger proportion than they were entitled to.

364

MUTUAL JEALOUSIES OF THE STATES. [CHAP. IV.

of any share of representation for their blacks. He was sure that North Carolina would never confederate on any terms that did not rate them at least at three-fifths.

Gouverneur Morris said he came there to form a compact with all the States. If all would not, he was ready to join those that would. But it was vain for the Eastern States to insist on what the Southern States would never agree to; and he verily believed the people of Pennsylvania would never agree to a representation of negroes.

It was moved by Mr. Ellsworth, that the rule of contribution by direct taxation should be the number of white inhabitants, and three-fifths of every other description, in the several States, according to a census to be taken periodically-six ayes; New Jersey and Delaware, no; Massachusetts and South Carolina divided.

It appeared that there was not only a jealousy felt by the small States against the large, and by the slaveholding States against the States without slaves, but by the Atlantic States against the new States which would hereafter be formed in the West.

This was first noticed in the convention by Gouverneur Morris, who thought the rule of representation ought to be so fixed as to secure to the Atlantic States a predominance in the National Council.

A part of the Massachusetts delegation, and of that from South Carolina expressed the same sentiments.

They were, however, opposed by Mr. Mason and Mr. Madison; and, on the motion of Mr. Gerry, that the representatives of the States hereafter admitted into the Confederacy should never exceed in number the representatives from such of the States as should then accede to this Constitution, Massachusetts, Connecticut, Delaware, and Maryland, voted ay; New Jersey, Virginia,

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