The Debates in the
Federal Convention of 1787
Mr. GERRY delivered in from the
Committee appointed on Monday last the following Report.
"The Committee to whom was referred the 8th. Resol. of the Report from
the Committee of the whole House, and so much of the 7th. as has not been
decided on, submit the following Report: That the subsequent propositions be
recommended to the Convention on condition that both shall be generally adopted.
1. That in the 1st. branch of the Legislature each of the States now in the
Union shall be allowed 1 member for every 40,000 inhabitants of the description
reported in the 7th. Resolution of the Come. of the whole House: that each State
not containing that number shall be allowed 1 member: that all bills for raising
or appropriating money, and for fixing the Salaries of the officers of the
Governt. of the U. States shall originate in the 1st. branch of the Legislature,
and shall not be altered or amended by the 2d. branch: and that no money shall
be drawn from the public Treasury. but in pursuance of appropriations to be
orginated in the 1st. branch" II. That in the 2d. branch each State shall
have an equal vote." *1
Mr. GHORUM observed that as the report
consisted of propositions mutually conditional he wished to hear some
explanations touching the grounds on which the conditions were estimated.
Mr. GERRY. The Committee were of
different opinions as well as the Deputations from which the Come. were taken,
and agreed to the Report merely in order that some ground of accomodation might
be proposed. Those opposed to the equality of votes have only assented
conditionally; and if the other side do not generally agree will not be under
any obligation to support the Report.
Mr. WILSON thought the Committee had
exceeded their powers.
Mr. MARTIN was for taking the question
on the whole report.
Mr. WILSON was for a division of the
question: otherwise it wd. be a leap in the dark.
Mr. MADISON. could not regard the
3 privilege of originating money bills as
any concession on the side of the small States. Experience proved that it had no
effect. If seven States in the upper branch wished a bill to be originated, they
might surely find some member from some of the same States in the lower branch
who would originate it. The restriction as to amendments was of as little
consequence. Amendments could be handed privately by the Senate to members in
the other house. Bills could be negatived that they might be sent up in the
desired shape. If the Senate should yield to the obstinacy of the 1st. branch
the use of that body as a check would be lost. If the 1st. branch should yield
to that of the Senate, the privilege would be nugatory. Experience had also
shewn both in G. B. and the States having a similar regulation that it was a
source of frequent & obstinate altercations. These considerations had
produced a rejection of a like motion on a former occasion when judged by its
own merits. It could not therefore be deemed any concession on the present, and
left in force all the objections which had prevailed agst. allowing each State
an equal voice. He conceived that the Convention was reduced to the alternative
of either departing from justice in order to conciliate the smaller States, and
the minority of the people of the U. S. or of displeasing these by justly
gratifying the larger States and the majority of the people. He could not
himself hesitate as to the option he ought to make. The Convention with justice
& the majority of the people on their side, had nothing to fear. With
injustice and the minority on their side they had every thing to fear. It was in
vain to purchase concord in the Convention on terms which would perpetuate
discord among their Constituents. The Convention ought to pursue a plan which
would bear the test of examination, which would be espoused & supported by
the enlightened and impartial part of America, & which they could themselves
vindicate and urge. It should be considered that altho' at first many may judge
of the system recommended, by their opinion of the Convention, yet finally all
will judge of the Convention by the System. The merits of the System alone can
finally & effectually obtain the public suffrage. He was not apprehensive
that the people of the small States would obstinately refuse to accede to a
Govt. founded on just principles, and promising them substantial protection. He
could not suspect that Delaware would brave the consequences of seeking her
fortunes apart from the other States, rather than submit to such a Govt. much
less could he suspect that she would pursue the rash policy of courting foreign
support, which the warmth of one of her representatives [Mr. Bedford] had
suggested, or if she shd. that any foreign nation wd. be so rash as to hearken
to the overture. As little could he suspect that the people of N. Jersey
notwithstanding the decided tone of the gentlemen from that State, would choose
rather to stand on their own legs, and bid defiance to events, than to acquiesce
under an establishment founded on principles the justice of which they could not
dispute, and absolutely necessary to redeem them from the exactions levied on
them by the commerce of the neighbouring States. A review of other States would
prove that there was as little reason to apprehend an inflexible opposition
elsewhere. Harmony in the Convention was no doubt much to be desired.
Satisfaction to all the States, in the first instance still more so. But if the
principal States comprehending a majority of the people of the U. S. should
concur in a just & judicious plan, he had the firmest hopes, that all the
other States would by degrees accede to it.
Mr. BUTLER said he could not let down
his idea of the people, of America so far as to believe they would from mere
respect to the Convention adopt a plan evidently unjust. He did not consider the
privilege concerning money bills as of any consequence. He urged that the 2d.
branch ought to represent the States according to their property.
Mr. GOVr. MORRIS.
thought the form as well as the matter of the Report objectionable. It seemed in
the first place to render amendments impracticable. In the next place, it seemed
to involve a pledge to agree to the 2d. part if the 1st. shd. be agreed to. He
conceived the whole aspect of it to be wrong. He came here as a Representative
of America; he flattered himself he came here in some degree as a Representative
of the whole human race; for the whole human race will be affected by the
proceedings of this Convention. He wished gentlemen to extend their views beyond
the present moment of time; beyond the narrow limits of place from which they
derive their political origin. If he were to believe some things which he had
heard, he should suppose that we were assembled to truck and bargain for our
particular States. He can-not descend to think that any gentlemen are really
actuated by these views. We must look forward to the effects of what we do.
These alone ought to guide us. Much has been said of the sentiments of the
people. They were unknown. They could not be known. All that we can infer is
that if the plan we recommend be reasonable & right; all who have reasonable
minds and sound intentions will embrace it, notwithstanding what had been said
by some gentlemen. Let us suppose that the larger States shall agree; and that
the smaller refuse: and let us trace the consequences. The opponents of the
system in the smaller States will no doubt make a party, and a noise for a time,
but the ties of interest, of kindred & of common habits which connect them
with the other States will be too strong to be easily broken. In N. Jersey
particularly he was sure a great many would follow the sentiments of Pena. &
N. York. This Country must be united. If persuasion does not unite it, the sword
will. He begged that 4 this consideration
might have its due weight. The scenes of horror attending civil commotion can
not be described, and the conclusion of them will be worse than the term of
their continuance. The stronger party will then make traytors of the weaker; and
the Gallows & Halter will finish the work of the sword. How far foreign
powers would be ready to take part in the confusions he would not say. Threats
that they will be invited have it seems been thrown out. He drew the melancholy
picture of foreign intrusions as exhibited in the History of Germany, &
urged it as a standing lesson to other nations. He trusted that the Gentlemen
who may have hazarded such expressions, did not entertain them till they reached
their own lips. But returning to the Report he could not think it in any respect
calculated for the public good. As the 2d. branch is now constituted, there will
be constant disputes & appeals to the States which will undermine the Genl.
Government & controul & annihilate the 1st. branch. Suppose that the
delegates from Massts. & Rho 1. in the Upper House disagree, and that the
former are outvoted. What Results? they will immediately declare that their
State will not abide by the decision, and make such representations as will
produce that effect. The same may happen as to Virga. & other States. Of
what avail then will be what is on paper. State attachments, and State
importance have been the bane of this Country. We can not annihilate; but we may
perhaps take out the teeth of the serpents. He wished our ideas to be enlarged
to the true interest of man, instead of being circumscribed within the narrow
compass of a particular Spot. And after all how little can be the motive yielded
by selfishness for such a policy. Who can say whether he himself, much less
whether his children, will the next year be an inhabitant of this or that State.
Mr. BEDFORD. He found that what he had
said as to the small States being taken by the hand, had been misunderstood; and
he rose to explain. He did not mean that the small States would court the aid &
interposition of foreign powers. He meant that they would not consider the
federal compact as dissolved untill it should be so by the Acts of the large
States. In this case The consequence of the breach of faith on their part, and
the readiness of the small States to fulfill their engagements, would be that
foreign Nations having demands on this Country would find it their interest to
take the small States by the hand, in order to do themselves justice. This was
what he meant. But no man can foresee to what extremities the small States may
be driven by oppression. He observed also in apology that some allowance ought
to be made for the habits of his profession in which warmth was natural &
sometimes necessary. But is there not an apology in what was said by [Mr. Govr.
Morris] that the sword is to unite: by Mr. Ghorum that Delaware must be annexed
to Penna. and N. Jersey divided between Pena. and N. York. To hear such language
without emotion, would be to renounce the feelings of a man and the duty of a
Citizen — As to the propositions of the Committee, the lesser States have
thought it necessary to have a security somewhere. This has been thought
necessary for the Executive Magistrate of the proposed Govt. who has a sort of
negative on the laws; and is it not of more importance that the States should be
protected, than that the Executive branch of the Govt. shd. be protected. In
order to obtain this, the smaller States have conceded as to the constitution of
the first branch, and as to money bills. If they be not gratified by
correspondent concessions as to the 2d. branch is it to be supposed they will
ever accede to the plan; and what will be the consequence if nothing should be
done! The condition of the U. States requires that something should be
immediately done. It will be better that a defective plan should be adopted,
than that none should be recommended. He saw no reason why defects might not be
supplied by meetings 10, 15, or 20 years hence.
Mr. ELSEWORTH said he had not attended
the proceedings of the Committee, but was ready to accede to the compromise they
had reported. Some compromise was necessary; and he saw none more convenient or
Mr. WILLIAMSON hoped that the
expressions of individuals would not be taken for the sense of their colleagues,
much less of their States which was not & could not be known. He hoped also
that the meaning of those expressions would not be misconstrued or exaggerated.
He did not conceive that [Mr. Govr. Morris] meant that the sword ought to be
drawn agst. the smaller States. He only pointed out the probable consequences of
anarchy in the U. S. A similar exposition ought to be given of the expressions
[of Mr. Ghorum]. He was ready to hear the Report discussed; but thought the
propositions contained in it, the most objectionable of any he had yet heard.
Mr. PATTERSON said that he had when the
Report was agreed to in the Come. reserved to himself the right of freely
discussing it. He acknowledged that the warmth complained of was improper; but
he thought the Sword & the Gallows as 5
little calculated to produce conviction. He complained of the manner in which
Mr. M — & Mr. Govr. Morris had treated the small States.
Mr. GERRY. Tho' he had assented to the
Report in the Committee, he had very material objections to it. We were however
in a peculiar situation. We were neither the same Nation nor different Nations.
We ought not therefore to pursue the one or the other of these ideas too
closely. If no compromise should take place what will be the consequence. A
secession he foresaw would take place; for some gentlemen seem decided on it;
two different plans will be proposed; and the result no man could foresee. If we
do not come to some agreement among ourselves some foreign sword will probably
do the work for us.
Mr. MASON. The Report was meant not as
specific propositions to be adopted; but merely as a general ground of
accomodation. There must be some accomodation on this point, or we shall make
little further progress in the work. Accomodation was the object of the House in
the appointment of the Committee; and of the Committee in the Report they had
made. And however liable the Report might be to objections, he thought it
preferable to an appeal to the world by the different sides, as had been talked
of by some Gentlemen. It could not be more inconvenient to any gentleman to
remain absent from his private affairs, than it was for him: but he would bury
his bones in this City rather than expose his Country to the Consequences of a
dissolution of the Convention without any thing being done.
The 1st. proposition in the report for fixing the representation in the 1st.
branch, one member for every 40,000 inhabitants, being taken up.
Mr. GOVr. MORRIS
objected to that scale of apportionment. He thought property ought to be taken
into the estimate as well as the number of inhabitants. Life & liberty were
generally said to be of more value, than property. An accurate view of the
matter would nevertheless prove that property was the main object of Society.
The savage State was more favorable to liberty than the Civilized; and
sufficiently so to life. It was preferred by all men who had not acquired a
taste for property; it was only renounced for the sake of property which could
only be secured by the restraints of regular Government. These ideas might
appear to some new, but they were nevertheless just. If property then was the
main object of Govt. certainly it ought to be one measure of the influence due
to those who were to be affected by the Governmt. He looked forward also to that
range of New States which wd. soon be formed in the West. He thought the rule of
representation ought to be so fixed as to secure to the Atlantic States a
prevalence in the National Councils. The new States will know less of the public
interest than these, will have an interest in many respects different, in
particular will be little scrupulous of involving the Community in wars the
burdens & operations of which would fall chiefly on the maritime States.
Provision ought therefore to be made to prevent the maritime States from being
hereafter outvoted by them. He thought this might be easily done by irrevocably
fixing the number of representatives which the Atlantic States should
respectively have, and the number which each new State will have. This wd. not
be unjust, as the Western settlers wd. previously know the conditions on which
they were to possess their lands. It would be politic as it would recommend the
plan to the present as well as future interest of the States which must decide
the fate of it.
Mr. RUTLIDGE. The gentleman last up had
spoken some of his sentiments precisely. Property was certainly the principal
object of Society. If numbers should be made the rule of representation, the
Atlantic States will
6 be subjected to the Western. He moved
that the first proposition in the report be postponed in order to take up the
following viz "that the suffrages of the several States be regulated and
proportioned according to the sums to be paid towards the general revenue by the
inhabitants of each State respectively. that an apportionment of suffrages,
according to the ratio aforesaid shall be made and regulated at the end of _____
years from the 1st. meeting of the Legislature of the U. S. and at the end of
every _____ years but that for the present, and until the period above
mentioned, the suffrages shall be for N. Hampshire _____ 7
Massachts. _____ &c.-
Col. MASON said the case of new States was not
unnoticed in the Committee; but it was thought and he was himself decidedly of
opinion that if they made a part of the Union, they ought to be subject to no
unfavorable discriminations. Obvious considerations required it.
Mr. RANDOLPH concurred with Col.
On 9 Question on Mr. Rutlidges motion.
Masts. no. Cont. no. N. Y. no. N. J. no. Pa. no. Del. no. Maryd. no. Va. no.
N. C. no. S. C. ay. Geo. not on floor. 10
*1. This report was founded on a motion in
the Committee made by Dr Franklin. It was barely acquiesced in by the members
from the State opposed to an equality of votes in the 2d branch and was
evidently considered by the members on the other side, as a gaining of their
point. A motion was made by Mr Sherman [he 2
acted in place of Mr Elseworth who was kept away by indisposition.] In the
Committee to the following effect "that each State should have an equal
vote in the 2d branch; provided that no decision therein should prevail unless
the majority of States concurring should also comprize a majority of the
inhabitants of the U. States." This motion was not much deliberated on nor
approved in the Committee. A similar proviso had been proposed in the debates on
the articles of Confederation in 1777, to the articles giving certain powers to
"nine States." See Journals of Congs for 1777, p. 462.
2. The word "who" is substituted
in the transcript for "he."
3. The word "exclusive" is
omitted in the transcript.
4. The word "that" is omitted in
5. The word "as" is crossed out
in the transcript.
6. The word "would" is
substituted in the transcript for "will."
7. The word "for" is here
inserted in the transcript.
8. The word "Mr." is substituted
in the transcript for "Col."
9. The word "the" is here
inserted in the transcript.
10. In the transcript the vote reads: "South
Carolina, aye — 1; Massachusetts, Connecticut, New York, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North Carolina, no — 9; Georgia
not on the floor."