Page:Debates in the Several State Conventions, v5.djvu/345

1787.] Massachusetts, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, ay, 7; Connecticut, Delaware, no, 2; Georgia, divided.

Adjourned.

[On the morning following, before the hour of the Convention, a number of the members from the larger states, by common agreement, met for the purpose of consulting on the proper steps to be taken in consequence of the vote in favor of an equal representation in the second branch, and the apparent inflexibility of the smaller states on that point. Several members from the latter states also attended. The time was wasted in vague conversation on the subject, without any specific proposition or agreement. It appeared, indeed, that the opinions of the members who disliked the equality of votes differed much as to the importance of that point, and as to the policy of risking a failure of any general act of the Convention by inflexibly opposing it. Several of them—supposing that no good government could or would be built on that foundation, and that, as a division of the Convention into two opinions was unavoidable, it would be better that the side comprising the principal states, and a majority of the people of America, should propose a scheme of government to the states, than that a scheme should be proposed on the other side—would have concurred in a firm opposition to the smaller states, and in a separate recommendation, if eventually necessary. Others seemed inclined to yield to the smaller states, and to concur in such an act, however imperfect and exceptionable, as might be agreed on by the Convention as a body, though decided by a bare majority of states and by a minority of the people of the United States. It is probable that the result of this consultation satisfied the smaller states that they had nothing to apprehend from a union of the larger in any plan whatever against the equality of votes in the second branch.]



, July 17.

In Convention.—Mr. GOUVERNEUR MORRIS moved to reconsider the whole resolution agreed to yesterday concerning the constitution of the two branches of the legislature. His object was to bring the House to a consideration, in the abstract, of the powers necessary to be vested in the general government. It had been said. Let us know how the government is to be modelled, and then we can determine what powers can be properly given to it. He thought the most eligible course was, first to determine on the necessary powers, and then so to modify the government, as that it might be justly and properly enabled to administer them. He feared, if we proceeded to a consideration of the powers, whilst the vote of yesterday, including an equality of the states in the second branch, remained in force, a reference to it, either mental or expressed, would mix itself with the merits of every question concerning the powers. This motion was not seconded. (It was probably approved by several members, who either despaired of success, or were apprehensive that the attempt would inflame the jealousies of the smaller states.)

The sixth resolution in the report of the committee of the whole, relating to the powers, which had been postponed in order to consider the seventh and eighth, relating to the constitution, of the national legislature, was now resumed.

Mr. SHERMAN observed, that it would be difficult to draw the line between the powers of the general legislature and those to be left with the states; that he did not like the definition contained in the resolution; and proposed, in its place, to the words "individual legislation," inclusive, to insert "to make laws binding on the people 