by degrees outvote the Atlantic. Both these objections are removed. The number will be small in the first instance, and may be continued so. And the Atlantic States, having the government 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." 29

The subject was referred to a new committee, who increased the number of representatives in their report:

that the States at the first meeting of the general legislature, should be represented by sixty-five members, in the following proportions, to wit: New Hampshire, by 3; Massachusetts, 8; Rhode Island, 1; Connecticut, 5; New York, 6; New Jersey, 4; Pennsylvania, 8; Delaware, 1; Maryland, 6; Virginia, 10; North Carolina, 5; South Carolina, 5; Georgia, 3." 30

After the defeat of several motions to change the numbers allotted to different States, the report was adopted by nine States against two.31

6

"Mr. Randolph moved as an amendment to the report of the committee of five that, in order to ascertain the alterations in the population and wealth of the several states, the legislature should be required to cause a census and estimate to be taken within one year after its first meeting'; and every years thereafter; and that the legislature arrange the representation accordingly."

"Mr. Gouverneur Morris opposed it, as fettering the legislature too much.. Advantage may be taken of it in time of war or the apprehension of it, by new states, to extort particular favors. If the mode was

to be fixed for taking a census, it might certainly be extremely inconvenient; if unfixed, the legislature may use such a mode as will defeat the object, and perpetuate the inequality. He was always against such shackles on the legislature. They had been found very pernicious in

29 Madison Papers, Elliot's Debates, 2d ed., vol. v, p. 288. See also the remarks of Rutledge, ibid., p. 297, and of Gouverneur Morris, ibid., pp. 294, 298. The latter said: "If the western people get the power into their hands, they will ruin the Atlantic interests. The back members are always most averse to the best measures. mentioned the case of Pennsylvania formerly. The lower part of the

He

state had the power in the first instance. They kept it in their own hands, and the country was the better for it."

30 Ibid., p. 290.

31 Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, ay, 9; South Carolina, Georgia, no, 2. Ibid., p. 293.

most of the state constitutions. He dwelt much on the danger of throwing such a preponderance into the western scale; suggesting that, in time, the western people would out-number the Atlantic States. He wished therefore to put it in the power of the latter to keep a majority of votes in their own hands. It was objected, he said, that if the legislature are left at liberty, they will never readjust the representation. He admitted that this was possible, but he did not think it probable, unless the reasons against a revision of it were very urgent, and in this case it ought not to be done." 32

Had his arguments prevailed, the citizens of the West would soon have regarded those of the East in the same manner that the English did the owners of their rotten boroughs, and dissensions have arisen that might easily have torn the United States apart long before the extension of slavery became a vital issue.33

Meanwhile, the Southern States had perceived that the power thus vested in those on the North Atlantic to discriminate against the new States that would be formed in the West, might be used against them too. Mason, of Virginia, who, more than any one of his time, foresaw the danger to slavery which lay in the Constitution,34 gave voice to this feeling:

"The greater the difficulty we find în fixing a proper rule of representation, the more unwilling ought we to be to throw the task from ourselves on the general legislature. He did not object to the conjectural ratio which was to prevail in the outset, but considered a revision, from time to time, according to some permanent and precise standard, as essential to the fair representation required in the first branch. According to the present population of America, the northern part of it had a right to preponderate, and he could not deny it. But he wished it not to preponderate hereafter, when the reason no longer continued. From the nature of man, we may be sure that those who have power in their hands will not give it up while they can retain it. On the contrary, we know that they will always, when they can, rather increase it. If the Southern States, therefore, should have three-fourths of the people of America within their limits, the Northern will hold fast the majority of representatives. One-fourth will govern the three-fourths. The Southern States will complain; but they may complain from generation

32 Madison Papers, Elliot's Debates, 2d ed., vol. v, pp. 293-294.

33 See the remarks of Mason, infra, over note 35.

34 Supra, § 28, note 1.

to generation without redress. Unless some principle, therefore, which will do justice to them hereafter, shall be inserted in the Constitution, disagreeable as the declaration was to him, he must declare he could neither vote for the system here, nor support it in his state.

"Strong objections had been drawn from the danger to the Atlantic interests from new Western States. Ought we to sacrifice what we know to be right in itself lest it should prove favorable to states which are not yet in existence? If the Western States are to be admitted into the Union, as they arise, they must, he would repeat, be treated as equals, and subjected to no degrading discriminations. They will have the same pride, and other passions, which we have, and will either not unite with or will speedily revolt from, the Union, if they are not in all respects placed on an equal footing with their brethren. It has been said, they will be poor, and unable to make equal contributions to the general treasury. He did not know but that in time, they would be both more numerous and more wealthy than their Atlantic brethren. The extent and fertility of their soil made this probable; and though Spain might for a time deprive them of the natural outlet for their productions, yet she will, because she must, finally yield to their demands. He urged that numbers of inhabitants, though not always a precise standard of wealth, was sufficiently so for every substantial purpose.

"Mr. Williamson was for making it a duty of the legislature to do what was right, and not leave it at liberty to do or not to do it. He moved that Mr. Randolph's propositions be postponed in order to consider the following: 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 white inhabitants, and three-fifths of those of other descriptions, on the first year after this government shall have been adopted, and every · year thereafter; and that the representa

The delegates from South Carolina then moved that slaves should be placed upon the same footing as freemen in the apportionment of representation; but only Delaware and Georgia supported the proposition.

Gouverneur Morris again insisted that the original States should retain the control:

"If the western people get the power into their hands, they will ruin the Atlantic interests." 36

35 Elliot's Debates, 2d ed., vol. v, pp. 294-295.

36 Ibid., p. 298; supra, note 29.

The general sentiment was, however, opposed to him.

"On the question of the first clause of Mr. Williamson's motion, as to taking a census of the free inhabitants, it passed in the affirmative, Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, North Carolina, ay, 6; Delaware, Maryland, South Carolina, Georgia, no, 4.” 87

"On the question for agreeing to include three-fifths of the blacks— Connecticut, Virginia, North Carolina, Georgia, ay, 4; Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, South Carolina, no, 6."

In the course of the debate, delegates from Massachusetts and Pennsylvania had expressed a fear lest their constituents might not submit to the rule that slave-owners should have increased representation for their slaves.39

At the end of the day, Williamson's motion was rejected unanimously. On the next day

"Mr. Gouverneur Morris moved to add to the clause empowering the legislature to vary the representation according to the principles of wealth and numbers of inhabitants, a proviso, that the taxation shall be in proportion to representation.'

"Mr. Butler contended, again, that representation should be according to the full number of inhabitants, including all the blacks; admitting the justice of Mr. Gouverneur Morris's motion.

"Mr. Mason also admitted the justice of the principle, but was afraid embarrassments might be occasioned to the legislature by it. It might drive the legislature to the plan of requisitions.

"Mr. Gouverneur Morris admitted that some objections lay against his motion, but supposed they would be removed by restraining the rule to direct taxation. With regard to indirect taxes on exports and imports, and on consumption, the rule would be inapplicable. Notwithstanding what had been said to the contrary, he was persuaded that the imports and consumption were pretty nearly equal throughout the Union.

"Gen. Pinckney liked the idea. He thought it so just that it could not be objected to, but foresaw that if the revision of the census was left to the discretion of the legislature, it would never be carried into execution. The rule must be fixed, and the execution of it enforced by the Constitution. He was alarmed at what was said (by Mr. Gouver

87 Ibid., p. 300.

38 Ibid., p. 301.

39 Rufus King and Gouverneur Morris, ibid., pp. 300-301.

neur Morris), yesterday, concerning the negroes. He was now again alarmed at what had been thrown out concerning the taxing of exports. South Carolina has, in one year, exported to the amount of £600,000 sterling, all which was the fruit of the labor of her blacks. Will she be represented in proportion to this amount? She will not. Neither ought she then to be subject to a tax on it. He hoped a clause would be inserted in the system, restraining the legislature from taxing exports. "Mr. Wilson approved the principle, but could not see how it could be carried into execution, unless restrained to direct taxation.

"Mr. Gouverneur Morris having so varied his motion by inserting the word direct', it passed nem. con., as follows: provided always that direct taxation ought to be proportioned to representation.'

6

"Mr. Ellsworth, in order to carry into effect the principle established, moved to add to the last clause adopted by the House the words following: and that the rule of contribution by direct taxation, for the support of the government of the United States, shall be the number of white inhabitants and three-fifths of every other description, in the several states, until some other rule, that shall more accurately ascertain the wealth of the several states, can be devised and adopted by the legislature.'

"Mr. Butler seconded the motion, in order that it might be committed.

"Mr. Randolph was not satisfied with the motion. The danger will be revived, that the ingenuity of the legislature may evade or pervert the rule, so as to perpetuate the power where it shall be lodged in the first instance. He proposed, in lieu of Mr. Ellsworth's motion, that, in order to ascertain the alterations in representation that may be required, from time to time, by changes in the relative circumstances of the states, a census shall be taken within two years from the first meeting of the general legislature of the United States, and once within the term of every years afterwards, of all the inhabitants, in the manner and according to the ratio recommended by Congress, in their resolution of the 18th of April, 1783 (rating the blacks at three-fifths of their numbers), and that the legislature of the United States shall arrange the representation accordingly.' He urged strenuously, that express security ought to be provided for including slaves in the ratio. of representation. He lamented that such a species of property existed; but, as it did exist, the holders of it would require this security. It was perceived that the design was entertained by some of excluding slaves altogether; the legislature, therefore, ought not to be left at liberty.

40 Madison Papers, Elliot's Debates, vol. v, p. 302.