The Journal of Negro History Volume III Part 42

it pa.s.sed in the affirmative. (Ayes--10; noes--1.)

On the question to agree to Mr Wilson's motion

It pa.s.sed in the affirmative (Ayes--9; noes--2.)

It was then moved by Mr Wilson seconded by Mr Hamilton to adopt the following resolution, namely,

"resolved that the right of suffrage in the second branch "of the national Legislature ought to be according to the rule "established for the first"

On the question to agree to the same it pa.s.sed in the affirmative (Ayes--6; noes--5.)[535]

In the Committee of the Whole on the eleventh of June:

It was then moved by Mr. Rutlidge 2ded. by Mr. Butler to add to the words "equitable ratio of representation" at the end of the motion just agreed to, the words "according to the quotas of Contribution. On motion of

_Mr. Wilson_ seconded by Mr. C. Pinckney, this was postponed; in order to add, after, after the words "equitable ratio of representation" the words following "in proportion to the whole number of white & other free Citizens & inhabitants of every age s.e.x & condition including those bound to servitude for a term of years and three fifths of all other persons not comprehended in the foregoing description, except Indians not paying taxes, in each State." this being the rule in the Act of Congress agreed to by eleven States, for apportioning quotas of revenue on the States, and requiring a census only every 5--7, or 10 years.

Mr. Gerry thought property not the rule of representation. Why then shd, the blacks, who were property in the South be in the rule of representation more than the cattle & horses of the North.

On the question.

Ma.s.s: Con: N. Y. Pen: Maryd. Virga. N. C. S. C. and Geo: were in the affirmative: N. J. & Del: in the negative. (Ayes--9; noes--2.) Mr. Sherman moved that a question be taken whether each State shall have (one) vote in the 2d. branch. Every thing he said depended on this. The smaller States would never agree to the plan on any other principle (than an equality of suffrage in this branch. Mr. Ellsworth seconded the motion.) On the question for allowing each State (one) vote in the 2d. branch.

Ma.s.sts, no. Cont, ay. N. Y. ay. N. J. ay. Pa. no. Del. ay Md. ay.

Va. no. N. C. no. S. C. no. Geo. no. (Ayes--5; noes--6.)

(Mr. Wilson & Mr. Hamilton moved that the right of suffrage in the 2d. branch ought to be according to the same rule as in the 1st. branch.)

On this question for making the ratio of representation the same in the 2d. as in the 1st. branch (it pa.s.sed in the affirmative:) Ma.s.sts. ay. Cont. no. N. Y. no. N. J. no. Pa. ay. Del. no. Md.

no. Va. ay. N. C. ay. S. C. ay. Geo. ay. (Ayes--6; noes--5.)[536]

On the same day

Mr. Wilson was of opinion, and therefore moved, _that the mode of representation of each of the states ought to be from the number of its free inhabitants, and of every other description three fifths to one free inhabitant_. He supposed that the impost will not be the only revenue--the post office he supposes would be another substantial source of revenue. He observed further, that this mode had already received the approbation of eleven states in their acquiescence to the quota made by congress. He admitted that this resolve would require further restrictions, for where numbers determined the representation a census at different periods of 5, 7 or 10 years, ought to be taken.

Mr. Gerry. The idea of property ought not to be the rule of representation. Blacks are property, and are used to the southward as horses and cattle to the northward; and why should their representation be increased to the southward on account of the number of slaves, than horses or oxen to the north?

Mr. Madison was of opinion at present, to fix the standard of representation, and let the detail be the business of a sub-committee.

Mr. Rutledge's motion was postponed.[537]

Discussing whether the apportionment should be according to taxation or numbers, Wilson considered

Either Rule good--by Numbers best to ascertain the Right of Representn. this agreeably to the Sentiments of 11 States--Impost alone will not be sufficient to answer the national Exigencies--Revenues arising from Postage--The present Quota not a lasting Rule--People to be numbered at fixed Periods--A Rule arising from Property and Numbers--

Gerry. Rule of Taxation not the Rule of Representation--4 might then have more Voices than ten--Slaves not to be put upon the Footing of freemen--Freemen of Ma.s.sts. not to be put upon a Footing with the Slaves of other States--Horses and Cattle ought to have the Right of Representn. Negroes--Whites--[538]

On the thirteenth of June Randolph submitted another resolution agreed to in the Committee of the Whole.

Resolved that the right of suffrage in the first branch of the national Legislature ought not to be according to the rule established in the articles of confederation; but according to some equitable ratio of representation--namely in proportion to the whole number of whites and other free citizens and inhabitants, of every age, s.e.x and condition, including those bound to servitude for a term of years and three fifths of all other persons not comprehended in the foregoing description, except Indians, not paying taxes in each State.[539]

The following propositions from New Jersey moved by Patterson closely connected the apportionment of requisitions with that of representation:

3. Resd. that whenever requisitions shall be necessary, instead of the rule for making requisitions mentioned in the articles of Confederation, the United States in Congs. be authorized to make such requisitions in proportion to the whole number of white & other free citizens & inhabitants of every age s.e.x and condition including those bound to servitude for a term of years & three fifths of all other persons not comprehended in the foregoing description, except Indians not paying taxes; that if such requisitions be not compiled with, in the time specified therein, to direct the collection thereof in the non complying States & for that purpose to devise and pa.s.s acts directing & authorizing the same; provided that none of the powers hereby vested in the U. States in Congs. shall be exercised without the consent of at least[540]

Again on the fifteenth of June it was suggested that

3. The rule of apportioning Requis: on the States shall be the Whites 3/5 of all others--if the Req. is in arrear in any State, Congress shall have authority to devise & pa.s.s acts remedial in such case.

On the fifth of July the committee considering the question of representation reported on the 40,000 basis which repeatedly came before the Convention. It provided:

That in the first branch of the legislature, each of the states now in the union, be allowed one member for every 40,000 inhabitants, of the description reported in the seventh resolution of the committee of the whole house--That each state, not containing that number, shall be allowed one member.[541]

Reporting on this question the fifth of July, the Committee of the Whole decided to submit:

That the subsequent propositions be recommended to the Convention, on condition that both shall be generally adopted.

1st That in the first branch of the Legislature each of the States now in the Union be allowed one Member for every forty thousand inhabitants of the description reported in the seventh resolution of the Committee of the whole House. That each State not containing that number shall be allowed one Member--That all Bills for raising or appropriating money and for fixing the salaries of the Officers of the Government of the United States, shall originate in the first Branch of the Legislature, and shall not be altered or amended by the second Branch and that no money shall be drawn from the public Treasury but in pursuance of appropriations to be originated by the first Branch. 2ndly That in the second Branch of the Legislature each State shall have an equal Veto.

Discussing this question on the sixth of July:

Mr. Pinkney saw no good reason for committing. The value of land had been found on full investigation to be an impracticable rule.

The contributions of revenue including imports & exports, must be too changeable in their amount; too difficult to be adjusted; and too injurious to the non-commercial States. The number of inhabitants appeared to him the only just & practicable rule. He thought the blacks ought to stand on an equality with whites: But wd.--agree to the ratio settled by Congs. He contended that Congs. had no right under the articles of Confederation to authorize the admission of new States; no such cases having been provided for.[542]

On the ninth of July, according to Madison, Mr. Gorham said:

Some provision of this sort was necessary in the outset. The number of blacks & whites with some regard to supposed wealth was the general guide. Fractions could not be observed. The Legislre. is to make alterations from time to time as justice & propriety may require. Two objections prevailed agst. the rate of 1 member for every 40,000 inhts. The 1st. was that the Representation would soon be too numerous: the 2d. that the Western States who may have a different interest, might if admitted on that princ.i.p.al by degrees, out-vote the Atlantic.

Both these objections are removed. The number will be small in the first instance and maybe continued so, and the Atlantic States having ye Govt. in their own hands, may take care of their own interest by dealing out the right of Representation in safe proportions to the Western States. These were the views of the Committee.[543]

On the tenth of July the following interesting comment was made.

Mr. Dayton observed that the line between the Northn. & Southern interest had been improperly drawn: that Pa. was the dividing State, there being six on each side of her.

Genl. Pinkney urged the reduction, dwelt on the superior wealth of the Southern States, and insisted on its having its due weight in the Government.

Mr. Govr. Morris regretted the turn of the debate. The States he found had many Representatives on the floor. Few he fears were to be deemed the Representatives of America. He thought the Southern States have by the report more than their share of representation. Property ought to have its weight; but not all the weight. If the (Southn. States are to) supply money. The Northn. States are to spill their blood. Besides, the probable Revenue to be expected from the S. States has been greatly overrated. He was agst. reducing N. Hamps.h.i.+re.[544]

In connection with determining the basis of representation the following was offered on the eleventh of July:

"Resolved That in order to ascertain the alterations that may happen in the population and wealth of the several States a census shall be taken of the free inhabitants of each State, and three fifths of the inhabitants of other description on the first year after this form of Government shall have been adopted--and afterwards on every term of ____ years; and the Legislature shall alter or augment the representation accordingly"

It was moved and seconded to strike out the words

"three fifths of"

which pa.s.sed in the negative. (Ayes--3; noes--7.)

It was moved and seconded to postpone the consideration of the resolution proposed in order to take up the following namely.