Founding America_ Documents From the Revolution to the Bill of Rights Part 6

He has refused to pa.s.s other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pa.s.s others to encourage their migrations. .h.i.ther, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice by refusing his a.s.sent to Laws for establis.h.i.+ng Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

He has erected a mult.i.tude of New Offices, and sent hither swarms of Officers to hara.s.s our people and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our const.i.tution, and unacknowledged by our laws; giving his a.s.sent to their Acts of pretended Legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefit of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolis.h.i.+ng the free System of English Laws in a neighbouring Province, establis.h.i.+ng therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies

For taking away our Charters, abolis.h.i.+ng our most valuable Laws and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circ.u.mstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, s.e.xes and conditions.

In every stage of these Oppressions We have Pet.i.tioned for Redress in the most humble terms: Our repeated Pet.i.tions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circ.u.mstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the United States of America, in General Congress, a.s.sembled, appealing to the Supreme Judge of the world for the rect.i.tude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do.-And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

-John Hanc.o.c.k NEW HAMPs.h.i.+RE:.

Josiah Bartlett, William Whipple, Matthew Thornton Ma.s.sACHUSETTS:.

John Hanc.o.c.k, Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry RHODE ISLAND:.

Stephen Hopkins, William Ellery CONNECTICUT:.

Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott NEW YORK:.

William Floyd, Philip Livingston, Francis Lewis, Lewis Morris NEW JERSEY:.

Richard Stockton, John Witherspoon, Francis Hopkinson, John Hart, Abraham Clark PENNSYLVANIA:.

Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross DELAWARE:.

Caesar Rodney, George Read, Thomas McKean MARYLAND:.

Samuel Chase, William Paca, Thomas Stone, Charles Carroll of Carrollton VIRGINIA:.

George Wythe, Richard Henry Lee, Thomas Jef ferson, Benjamin Harrison, Thomas Nelson, Jr., Francis Lightfoot Lee, Carter Braxton NORTH CAROLINA:.

William Hooper, Joseph Hewes, John Penn SOUTH CAROLINA:.

Edward Rutledge, Thomas Heyward, Jr., Thomas Lynch, Jr., Arthur Middleton GEORGIA:.

b.u.t.ton Gwinnett, Lyman Hall, George Walton

DRAFTING THE ARTICLES OF CONFEDERATION.

Thomas Jefferson: Notes of Proceedings in Congress (July 12-August 1, 1776) PAGE 145.

Articles as Revised by Congress (August 20, 1776) PAGE 154.

Articles as Approved (November 15, 1777) PAGE 160.

CONGRESS HAD SEVERAL PURPOSES in drafting the Articles of Confederation. One was to give formal const.i.tutional ident.i.ty to the revolutionary union of the thirteen autonomous states that were declaring their independence from British imperial rule. Since 1774 the Continental Congress had effectively conducted war and diplomacy in the name of the separate provinces of British North America. But if Americans were "to a.s.sume among the powers of the earth, the separate & equal station to which the laws of nature and of nature's G.o.d ent.i.tle them," they had to demonstrate that they were a power-that is, a nation-state-like other nations. Equally important, Congress recognized the need to clarify the boundaries between its authority and that of the states. It had to define the extent of its own authority while recognizing other powers that would remain lodged with the states. Further, it had to find ways to accommodate different interests among the states, based on their respective extent, their population, and the nature of their economies.

As Congress was readying to declare independence, the committee chaired by John d.i.c.kinson was preparing to report its draft of a confederation. Congress debated this draft extensively during July and August 1776. Three issues soon emerged as major barriers to agreement: the rule of voting in Congress; the rule for apportioning the expenses of war among the states; and the control of unsettled western lands in the interior of the continent. Disagreement on these points and the more urgent demands of the war led Congress to put the Articles aside in late August 1776.

Congress resumed debate on the confederation in the spring of 1777, only to find that the same issues remained intractable. Finally, in October 1777, in exile at York, Pennsylvania, following the British occupation of Philadelphia, Congress finally mustered the determination to complete the task. The great American victory at Saratoga gave Congress reason to hope that France would now enter the war on its side, and having a completed confederation to demonstrate that Americans could indeed form a nation would give Britain's old enemy an additional incentive to make a new alliance.

-Thomas Jefferson- NOTES OF PROCEEDINGS IN CONGRESS.

JULY 12-August 1, 1776 [JULY 12-AUGUST, 1, 1776].

ON FRIDAY JULY 12 the Committee appointed to draw the articles of confederation reported them and on the 22d the house resolved themselves into a committee to take them into consideration. On the 30th and 31st of that month & 1st of the ensuing, those articles were debated which determined the[image],[image]proportion or quota s of money which each state should furnish to the common treasury, and the manner of voting in Congress. The first of these articles was expressed in the original draught in these words. 'Art. XI. All charges of war & all other expenses that shall be incurred for the common defence, or general welfare, and allowed by the United states a.s.sembled, shall be defrayed out of a common treasury, which shall be supplied by the several colonies in proportion to the number of inhabitants of every age, s.e.x & quality, except Indians not paying taxes, in each colony, a true account of which, distinguis.h.i.+ng the white inhabitants, shall be triennially taken & transmitted to the a.s.sembly of the United states.'

Mr. Chase15 moved that the quotas should be fixed, not by the number of inhabitants of every condition, but by that of the 'white inhabitants.' He admitted that taxation should be alwais in proportion to property; that this was in theory the true rule, but that from a variety of difficulties it was a rule which could never be adopted in practice. The value of the property in every state could never be estimated justly & equally. Some other measure for the wealth of the state must therefore be devised, some moved that the quotas should be fixed, not by the number of inhabitants of every condition, but by that of the 'white inhabitants.' He admitted that taxation should be alwais in proportion to property; that this was in theory the true rule, but that from a variety of difficulties it was a rule which could never be adopted in practice. The value of the property in every state could never be estimated justly & equally. Some other measure for the wealth of the state must therefore be devised, some[image] standard referred to which would be more simple. He considered the number of inhabitants as a tolerably good criterion of property, and that this might alwais be obtained. standard referred to which would be more simple. He considered the number of inhabitants as a tolerably good criterion of property, and that this might alwais be obtained.[image][image]he therefore thought it the best mode which we could adopt, with[image]one exception s only. He observed that negroes are property, and as such cannot be distinguished from the lands or personalties held in those states where there are few slaves. That the surplus of profit which a Northern farmer is able to lay by, he invests in[image]cattle, horses &c. whereas a Southern farmer lays out that same surplus in slaves. There is no more reason therefore for taxing the Southern states on the farmer's head, & on his slave's head, than the Northern ones on their farmer's heads & the heads of their cattle. That the method proposed would therefore tax the Southern states according to their numbers & their wealth conjunctly, while the Northern would be taxed on numbers only: that Negroes in fact should not be considered as members of the state more than cattle & that they have no more interest in it.

Mr. John Adams observed that the numbers of people were taken by this article as an index of the wealth of the state & not as subjects of taxation. That as to this matter it was of no consequence by what name you called your people, whether by that of freemen or of slaves. That in some countries the labouring poor were called freemen, in others they were called slaves; but that the difference as to the state was imaginary only. What matters it whether a landlord employing ten labourers in his farm, gives them annually as much money as will buy them the necessaries of life, or gives them those necessaries at short hand. The ten labourers add as much wealth annually to the state, increase it's exports as much in the one case as the other. Certainly 500 freemen produce no more profits, no greater surplus for the paiment of taxes than 500 slaves. Therefore the state in which are the labourers called freemen should be taxed no more than that in which are those called slaves. Suppose by any extraordinary operation of nature or of law one half the labourers of a state could in the course of one night be transformed into slaves: would the state be made the poorer or the less able to pay taxes? That the condition of the labouring poor in most countries, that of the fishermen particularly of the Northern states is as abject as that of slaves. It is the number of labourers which produce the surplus for taxation, and numbers therefore indiscriminately are the fair index of wealth. That it is the use of the word 'property' here, & it's application to some of the people of the state, which produces the fallacy. How does the Southern farmer procure slaves? Either by importation or by purchase from his neighbor. If he imports a slave, he adds one to the number of labourers in his country, and proportionably to it's profits & abilities to pay taxes. If he buys from his neighbor, it is only a transfer of a labourer from one farm to another, which does not change the annual produce of the state, & therefore should not change it's tax. That if a Northern farmer works ten labourers on his farm, he can, it is true, invest the surplus of ten men's labour in cattle : but so may the Southern farmer working ten slaves. That a state of 100,000 freemen can maintain no more cattle than one of 100,000 slaves. Therefore they have no more of that kind of property. That a slave may indeed from the custom of speech be more properly called the wealth of his master, than the free labourer might be called the wealth of his employer: but as to the state both were equally it's wealth, and should therefore equally add to the quota of it's tax.

Mr. Harrison16 proposed a compromise, that two slaves should be counted as one freeman. He affirmed that slaves did not do so much work as freemen, and doubted if two effected more than one. That this was proved by the price of labor, the hire of a labourer in the Southern colonies being from 8 to 12, while in the Northern it was generally 24. proposed a compromise, that two slaves should be counted as one freeman. He affirmed that slaves did not do so much work as freemen, and doubted if two effected more than one. That this was proved by the price of labor, the hire of a labourer in the Southern colonies being from 8 to 12, while in the Northern it was generally 24.

Mr. Wilson17 said that if this amendment should take place the Southern colonies would have all the benefit of slaves, whilst the Northern ones would bear the burthen. That slaves increase the prof its of a state, which the Southern states mean to take to themselves; that they also increase the burthen of defence, which would of course fall so much the heavier on the Northern. That slaves occupy the places of freemen and eat their food. Dismiss your slaves & freemen will take their places. It is our duty to lay every discouragement on the importation of slaves; but this amendment would give the jus trium liberorum to him who would import slaves. That other kinds of property were pretty equally distributed thro' all the colonies: there were as many cattle, horses, & sheep in the North as the South, & South as the North: but not so as to slaves. That experience has shewn that those colonies have been alwais able to pay most which have the most said that if this amendment should take place the Southern colonies would have all the benefit of slaves, whilst the Northern ones would bear the burthen. That slaves increase the prof its of a state, which the Southern states mean to take to themselves; that they also increase the burthen of defence, which would of course fall so much the heavier on the Northern. That slaves occupy the places of freemen and eat their food. Dismiss your slaves & freemen will take their places. It is our duty to lay every discouragement on the importation of slaves; but this amendment would give the jus trium liberorum to him who would import slaves. That other kinds of property were pretty equally distributed thro' all the colonies: there were as many cattle, horses, & sheep in the North as the South, & South as the North: but not so as to slaves. That experience has shewn that those colonies have been alwais able to pay most which have the most[image]inhabitants, whether they be black or white. And the practice of the Southern colonies has alwais been to make every farmer pay poll taxes upon all his labourers whether they be black or white. He acknoleges indeed that freemen work the most; but they consume the most also. They do not produce a greater surplus for taxation. The slave is neither fed nor clothed so expensively as a freeman. Again white women are exempted from labour generally, which negro women are not. In this then the Southern states have an advantage as the article now stands. It has sometimes been said that slavery is necessary because the commodities they raise would be too dear for market if cultivated by freemen; but now it is said that the labor of the slave is the dearest.

Mr. Payne18 urged the original resolution of Congress, to proportion the quotas of the states to the number of souls. urged the original resolution of Congress, to proportion the quotas of the states to the number of souls.

Dr. Witherspoon19 was of opinion that the value of lands & houses was the best estimate of the wealth of a nation, and that it was practicable to obtain such a valuation. This is the true barometer of wealth. The one now proposed is imperfect in itself, and unequal between the states. It has been objected that negroes eat the food of freemen & therefore should be taxed. Horses also eat the food of freemen; therefore they also should be taxed. It has been said too that in carrying slaves into the estimate of the taxes the state is to pay, we do no more than those states themselves do, who alwais take slaves into the estimate of the taxes the individual is to pay. But the cases are not parallel. In the Southern colonies slaves pervade the whole colony; but they do not pervade the whole continent. That as to the original resolution of Congress to proportion the quotas according to the souls, it was temporary only, & related to the monies heretofore emitted: whereas we are now entering into a new compact and therefore stand on original ground. was of opinion that the value of lands & houses was the best estimate of the wealth of a nation, and that it was practicable to obtain such a valuation. This is the true barometer of wealth. The one now proposed is imperfect in itself, and unequal between the states. It has been objected that negroes eat the food of freemen & therefore should be taxed. Horses also eat the food of freemen; therefore they also should be taxed. It has been said too that in carrying slaves into the estimate of the taxes the state is to pay, we do no more than those states themselves do, who alwais take slaves into the estimate of the taxes the individual is to pay. But the cases are not parallel. In the Southern colonies slaves pervade the whole colony; but they do not pervade the whole continent. That as to the original resolution of Congress to proportion the quotas according to the souls, it was temporary only, & related to the monies heretofore emitted: whereas we are now entering into a new compact and therefore stand on original ground.

Aug. 1. The question being put the amendment proposed was rejected by the votes of N. Hamps.h.i.+re, Ma.s.sachusets, Rhode Island, Connecticut, N. York, N. Jersey, & Pennsylvania, against those of Delaware, Maryland, Virginia, North & South Carolina. Georgia was divided.

The other article was in these words. 'Art. XVII. In determining questions each colony shall have one vote.'

July 30. 31. Aug. 1. Present 41 members. Mr. Chase observed that this article was the most likely to divide us of any one proposed in the draught then under consideration. That the larger colonies had threatened they would not confederate at all if their weight in congress should not be equal to the numbers of people they added to the confederacy; while the smaller ones declared against an union if they did not retain an equal vote for the protection of their rights. That it was of the utmost consequence to bring the parties together, as should we sever from each other, either no foreign power will ally with us at all, or the different states will form different alliances, and thus increase the horrors of those scenes of civil war and bloodshed which in such a state of separation & independance would render us a miserable people. That our importance, our interests, our peace required that we should confederate, and that mutual sacrifices should be made to effect a compromise of this difficult question. He was of opinion the smaller colonies would lose their rights, if they were not in some instances allowed an equal vote; and therefore that a discrimination should take place among the questions which would come before Congress. [He therefore proposed] that the smaller states should be secured in all questions concerning life or liberty & the greater ones in all respecting property. He therefore proposed that in votes relating to money, the voice of each colony should be proportioned to the number of it's inhabitants.

Dr. Franklin [seconded the proposition] thought that the votes should be so proportioned in all cases. He took notice that the Delaware counties had bound up their Delegates to disagree to this article. He thought it a very extraordinary language to be held by any state, that they would not confederate with us unless we would let them dispose of our money. Certainly if we vote equally we ought to pay equally: but the smaller states will hardly purchase the privilege at this price. That had he lived in a state where the representation, originally equal, had become unequal by time & accident he might have submitted rather than disturb government: but that we should be very wrong to set out in this practice when it is in our power to establish what is right. That at the time of the Union between England and Scotland the latter had made the objection which the smaller states now do. But experience had proved that no unfairness had ever been shewn them. That their advocates had prognosticated that it would again happen as in times of old that the whale would swallow Jonas, but he thought the prediction reversed in event and that Jonas had swallowed the whale, for the Scotch had in fact got possession of the government and gave laws to the English. He reprobated the original agreement of Congress to vote by colonies, and therefore was for their voting in all cases according to the number of taxables[image][image].

Dr. Witherspoon opposed every alteration of the article. All men admit that a confederacy is necessary. Should the idea get abroad that there is likely to be no union among us, it will damp the minds of the people, diminish the glory of our struggle, & lessen it's importance, because it will open to our view future prospects of war & dissension among ourselves. If an equal vote be refused, the smaller states will become va.s.sals to the larger; & all experience has shewn that the va.s.sals & subjects of free states are the most enslaved. He instanced the Helots of Sparta & the provinces of Rome. He observed that foreign powers discovering this blemish would make it a handle for disengaging the smaller states from so unequal a confederacy. That the colonies should in fact be considered as individuals; and that as such in all disputes they should have an equal vote. That they are now collected as individuals making a bargain with each other, & of course had a right to vote as individuals. That in the East India company they voted by persons, & not by their proportion of stock. That the Belgic confederacy voted by provinces. That in questions of war the smaller states were as much interested as the larger, & therefore should vote equally; and indeed that the larger states were more likely to bring war on the confederacy, in proportion as their frontier was more extensive. He admitted that equality of representation was an excellent principle, but then it must be of things which are co-ordinate; that is, of things similar & of the same nature: that nothing relating to individuals could ever come before Congress; nothing but what would respect colonies. He distinguished between an incorporating & a federal union. The union of England was an incorporating one; yet Scotland had suffered by that union: for that it's inhabitants were drawn from it by the hopes of places & employments. Nor was it an instance of equality of representation; because while Scotland was allowed nearly a thirteenth of representation, they were to pay only one fortieth of the land tax. He expressed his hopes that in the present enlightened state of men's minds we might expect a lasting confederacy, if it was founded on fair principles.

John Adams advocated the voting in proportion to numbers. He said that we stand here as the representatives of the people. That in some states the people are many, in others they are few; that therefore their vote here should be proportioned to the numbers from whom it comes. Reason, justice, & equity never had weight enough on the face of the earth to govern the councils of men. It is interest alone which does it, and it is interest alone which can be trusted. That therefore the interests within doors should be the mathematical representatives of the interests without doors. That the individuality of the colonies is a mere sound. Does the individuality of a colony increase it's wealth or numbers? If it does; pay equally. If it does not add weight in the scale of the confederacy, it cannot add to their rights, nor weight in arguments. A. has 50. B. 500. C. 1000 in partners.h.i.+p. Is it just they should equally dispose of the monies of the partners.h.i.+p? It has been said we are independant individuals making a bargain together. The question is not what we are now, but what we ought to be when our bargain shall be made. The confederacy is to make us one individual only; it is to form us, like separate parcels of metal, into one common ma.s.s. We shall no longer retain our separate individuality, but become a single individual as to all questions submitted to the Confederacy. Therefore all those reasons which prove the justice & expediency of equal representation in other a.s.semblies, hold good here. It has been objected that a proportional vote will endanger the smaller states. We answer that an equal vote will endanger the larger. Virginia, Pennsylvania, & Ma.s.sachusets are the three greater colonies. Consider their distance, their difference of produce, of interests, & of manners, & it is apparent they can never have an interest or inclination to combine for the oppression of the smaller. That the smaller will naturally divide on all questions with the larger. Rhode Isld. from it's relation, similarity & intercourse will generally pursue the same objects with Ma.s.sachusets ; Jersey, Delaware & Maryland with Pennsylvania.

Dr. Rush20 took notice that the decay of the liberties of the Dutch republic proceeded from three causes. 1. The perfect unanimity requisite on all occasions. 2. Their obligation to consult their const.i.tuents. 3. Their voting by provinces. This last destroyed the equality of representation, and the liberties of Great Britain also are sinking from the same defect. That a part of our rights is deposited in the hands of our legislatures. There it was admitted there should be an equality of representation. Another part of our rights is deposited in the hands of Congress: why is it not equally necessary there should be an equal representation there? Were it possible to collect the whole body of the people together, they would determine the questions submitted to them by their majority. Why should not the same majority decide when voting here by their representatives ? The larger colonies are so providentially divided in situation as to render every fear of their combining visionary. Their interests are different, & their circ.u.mstances dissimilar. It is more probable they will become rivals & leave it in the power of the smaller states to give preponderance to any scale they please. The voting by the number of free inhabitants will have one excellent effect, that of inducing the colonies to discourage slavery & to encourage the increase of their free inhabitants. took notice that the decay of the liberties of the Dutch republic proceeded from three causes. 1. The perfect unanimity requisite on all occasions. 2. Their obligation to consult their const.i.tuents. 3. Their voting by provinces. This last destroyed the equality of representation, and the liberties of Great Britain also are sinking from the same defect. That a part of our rights is deposited in the hands of our legislatures. There it was admitted there should be an equality of representation. Another part of our rights is deposited in the hands of Congress: why is it not equally necessary there should be an equal representation there? Were it possible to collect the whole body of the people together, they would determine the questions submitted to them by their majority. Why should not the same majority decide when voting here by their representatives ? The larger colonies are so providentially divided in situation as to render every fear of their combining visionary. Their interests are different, & their circ.u.mstances dissimilar. It is more probable they will become rivals & leave it in the power of the smaller states to give preponderance to any scale they please. The voting by the number of free inhabitants will have one excellent effect, that of inducing the colonies to discourage slavery & to encourage the increase of their free inhabitants.

Mr. Hopkins21 observed there were 4 larger, 4 smaller & 4 middle-sized colonies. That the 4 largest would contain more than half the inhabitants of the Confederating states, & therefore would govern the others as they should please. That history affords no instance of such a thing as equal representation. The Germanic body votes by states. The Helvetic body does the same; & so does the Belgic confederacy. That too little is known of the antient confederations to say what was their practice. observed there were 4 larger, 4 smaller & 4 middle-sized colonies. That the 4 largest would contain more than half the inhabitants of the Confederating states, & therefore would govern the others as they should please. That history affords no instance of such a thing as equal representation. The Germanic body votes by states. The Helvetic body does the same; & so does the Belgic confederacy. That too little is known of the antient confederations to say what was their practice.

Mr. Wilson thought that taxation should be in proportion to wealth, but the representation should accord with the number of freemen. That government is a collection or result of the wills of all. That if any government could speak the will of all it would be perfect ; and that so far as it departs from this it becomes imperfect. It has been said that Congress is a representation of states; not of individuals. I say that the objects of it's care are all the individuals of the states. It is strange that annexing the name of 'State' to ten thousand men, should give them an equal right with forty thousand. This must be the effect of magic, not of reason. As to those matters which are referred to Congress, we are not so many states; we are one large state. We lay aside our individuality whenever we come here. The Germanic body is a burlesque on government: and their practice on any point is a sufficient authority & proof that it is wrong. The greatest imperfection in the const.i.tution of the Belgic confederacy is their voting by provinces. The interest of the whole is constantly sacrificed to that of the small states. The history of the war in the reign of Q. Anne sufficiently proves this. It is asked Shall nine colonies put it into the power of four to govern them as they please? I invert the question and ask Shall two millions of people put it in the power of one million to govern them as they please? It is pretended too that the smaller colonies will be in danger from the greater. Speak in honest language & say the minority will be in danger from the majority. And is there an a.s.sembly on earth where this danger may not be equally pretended? The truth is that our proceedings will then be consentaneous with the interests of the majority, and so they ought to be. The probability is much greater that the larger states will disagree than that they will combine. I defy the wit of man to invent a possible case or to suggest any one thing on earth which shall be for the interests of Virginia, Pennsylvania & Ma.s.sachusets, and which will not also be for the interest of the other states.

ARTICLES AS REVISED BY CONGRESSAUGUST 20,1776.

Articles of Confederation and Perpetual Union, between the Colonies of New-Hamps.h.i.+re, Ma.s.sachusetts-Bay, Rhode-Island, Connecticut, New-York, New-Jersey, Pennsylvania, The counties of New-Castle, Kent and Suss.e.x on Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia.

ARTICLE I. The name of this Confederacy shall be "THE UNITED STATES OF AMERICA."