XLVII. Carolina would never confederate on any terms that did CHAPTER not rate them at least as three fifths. If the eastern states meant, therefore, to exclude them altogether, the 1787. business was at an end." Upon this declaration, the Connecticut delegates stepped in as compromisers. Johnson' declared that, in his opinion, population was the best test of wealth, and that the whole population, black as well as white, ought to be counted. Ellsworth joined with Randolph in renewing Williamson's proposition, with a change, however, in the phraseology, by which the three fifths clause was first introduced as the basis of taxation, and then taxation made the basis of representation. A new proposition to count the blacks equally with the whites was rejected, South Carolina and Georgia for it, Delaware divided; after which the three fifths ratio was finally carried, New Jersey and Delaware against it, Massachusetts and South Carolina divided. This parenthetical discussion having made it apparent that the conflict of interests between large and small states was in reality less radical and vital than that between slaveholding and non-slaveholding, planting and commercial, Atlantic and western states, the equal vote in the second branch began now to be regarded with somewhat less of repugnancy. One more attempt, however, was made, when the question came up on accepting the report of the Grand Committee as thus amended and modified, to avoid an absolute equality in the second branch. Charles Pinckney proposed that it should consist of thirty-six members, Virginia to have five, Massachusetts and Pennsylvania four each, Connecticut, New York, Maryland, and the two Carolinas three each, New Hampshire and Georgia two each, Rhode Island and Delaware one each—a proposition earnestly supported by King, Madison, and Wilson, to whom Sherman and Ells CHAPTER Worth ably replied. Strong and Gerry thought it necesXLVII. sary to sustain the report as the only chance of agreeing. 1787. Pinckney's motion was lost, four to six, and the amendJuly 16. ed report was then adopted, Connecticut, New Jersey, Delaware, Maryland, and North Carolina for it; Pennsylvania, Virginia, South Carolina, and Georgia against it; Massachusetts divided. New York was no longer represented. Yates and Lansing, disgusted at the disposition of the State Rights party to concede a proportionate representation in the first branch of the national Legislature, had left the Convention some days before. Hamilton had not yet returned. A good deal mortified by the acceptance of the Grand Committee's modified report, Randolph moved an adjournment," that the large states might consider the steps proper to be taken in the present solemn crisis, and that the small states might also deliberate on the means of conciliation." Affecting to understand Randolph as proposing in substance to break up the Convention and return home, Patterson replied with no little spirit. "He thought it was, indeed, high time to adjourn; that the rule of secrecy ought to be rescinded, and their constituents consulted. No conciliation could be admissible on the part of the smaller states on any other ground than equality of votes in the second branch. If Mr. Randolph would reduce to form his motion to adjourn sine die, he would second it with all his heart." Randolph disclaimed any idea of adjourning sine die; he only wished, he said, to adjourn till the morrow, to devise, if possible, some conciliatory expedient; or, in case the small states continued to hold back, to take such measures-what, he would not say-as might seem necessary. The adjournment was carried, and a consultation was held by the delegates from the larger states. Some pro XLVII. posed, if the smaller states would not yield, to secede, and CHAPTER form a separate constitution; but for this few were ready. Nothing could be agreed upon; the smaller states took 1787. courage from the division among their opponents; and a motion the next day to reconsider having failed, the July 17. Convention proceeded with the remaining articles of the report of the Committee of the Whole. About a week after this important matter had been decided, Gilman and Langdon took seats in the Convention July 23. as delegates from New Hampshire, thus supplying the place left vacant by the absence of New York. Besides the great points of which the history has just been given at length, several other modifications were made in the provisions respecting the national Legislature. Qualifications of age were adopted, twenty-five years for the first branch, and thirty years for the second. The term of service in the first branch was reduced to two years; that for the second branch was fixed at six years-one third of the members to go out biennially. Two members for this branch, to vote individually, were assigned to each state. In spite of Madison's strenuous opposition, the veto upon state laws, inconsistent with the Articles of Union or with treaties, was struck out; but a substitute was provided in a clause borrowed from the New Jersey plan, by which the constitutional acts of Congress and treaties with foreign powers were made the supreme law of the land. The Legislature thus disposed of, the provisions respecting the Executive were discussed with great earnestness and contrariety of opinion, but with comparatively little of those party heats and conflicts of interest called forth by the constitution of the Legislature. On the three main points of re-eligibility, method of choice, and term of office, it was found very difficult to reach any CHAPTER satisfactory conclusion. After two warm debates, in XLVII. which Gouverneur Morris and King maintained the af1784. firmative, and Randolph and Martin the negative, the ineligibility for a second term was struck out, but afterward it was reinstated. Nor could any change be carried in the term of office-a question intimately connected with that of re-eligibility-though every variety was tried, from good behavior to six years, which was once agreed to, and then reconsidered. In the interval between carrying the re-eligibility and striking it out, those who opposed it became advocates for a long term, fearing lest re-eligibility, especially if the choice were made by the national Legislature, might render the executive a mere tool of that body. On this ground, New Jersey, Delaware, Pennsylvania, and Virginia voted once for good behavior as the term of executive office. discussion as to the method of choice revived, to some extent, the jealousy between the smaller and the larger states. Once it was voted that the choice should be by electors appointed by the state Legislatures, and an allotment of electors for the first choice was agreed to, the larger states to have three each, those of a middle size. two, and the smallest one each; but this was reconsidered, and a choice by the national Legislature reinstated. The In the articles relating to the judiciary, no essential change was made. The amended report of the Committee of the Whole having been accepted by the Convention, was referred, along with Patterson's New Jersey plan and the draft of Charles Pinckney, to a Committee of Detail, consisting of Rutledge, Randolph, Gorham, Ellsworth, and Wilson. Instructions to this committee to report property qualifications for the executive, and the members of the Legislature and the judiciary, were moved by Mason and the XLVII. Pinckneys. Supported by Madison and Gerry, this prop- CHAPTER osition was opposed by Dickinson, one of the wealthiest men in the Convention. He doubted the policy of 1787. interweaving into a republican constitution a veneration for wealth. He had always understood that a veneration for poverty and virtue were the objects of republican encouragement. It seemed improper that any man of merit should be subjected to disabilities in a republic where merit was understood to form the great title to public trusts, honors, and rewards. He thought the object aimed at might better be obtained by limiting the federal right of suffrage to freeholders. The instructions, however, were carried, Delaware, Connecticut, and Pennsyl vania in the negative. Another instruction, that public debtors should be disqualified to sit in the Legislature, failed to pass; only North Carolina and Georgia voted for it. After a ten days' adjournment, the Committee of Detail brought in their report-a rough sketch of the Con- Aug. 6. stitution as it now stands. This draft gave to the national Legislature the name of Congress, the first branch to be called the House of Representatives, the second branch the Senate. The name of President was given to the executive. The powers of Congress being stated with a good deal of detail, some new provisions of no small importance had been introduced by the committee. On the strength, apparently, of a hint from C. C. Pinckney, that without something of the sort he should vote against the report, it was provided that no duties should be laid on exports, nor on the migration or importation of such persons as the several states might think proper to admit, nor was such migration or importation to be prohibited. No navigation act was to be passed except by a vote of two thirds. There were several other new pro |