in time of war, and to defend the lesser States against the ambition of the larger. They are afraid of granting power unnecessarily, lest they should defeat the original end of the Union; lest the powers should prove dangerous to the sovereignties of the particular States which the Union was meant to support; and expose the lesser to being swallowed up by the larger. He conceived also that the people of the States, having already vested their powers in their respective Legislatures, could not resume them without a dissolution of their Governments.

He was

against conventions in the States, — was not against assisting States against rebellious subjects, thought the federal plan of Mr. PATTERSON did not require coercion more than the national one, as the latter must depend for the deficiency of its revenues on requisitions and quotas, -and that a national judiciary, extended into the States, would be ineffectual, and would be viewed with a jealousy inconsistent with its usefulness.222

Mr. SHERMAN seconded and supported Mr. LANSING'S motion. He admitted two branches to be necessary in the State Legislatures, but saw no necessity in a confederacy of States. The examples were all of a single council. Congress carried us through the war, and perhaps as well as any government could have done. The complaints at present are, not that the views of Congress are unwise or unfaithful, but that their powers are insufficient for the execution of their views. The national debt, and the want of power somewhere to draw forth the national resources, are the great matters that press. All the States were sensible of the de

fect of power in Congress. He thought much might be said in apology for the failure of the State Legislatures, to comply with the Confederation. They were afraid of leaning too hard on the people by accumulating taxes; no constitutional rule had been, or could be observed in the quotas; the accounts also were unsettled, and every State supposed itself in advance, rather than in arrears. For want of a general system, taxes to a due amount had not been drawn from trade, which was the most convenient resource. As almost all the States had agreed to the recommendation of Congress on the subject of an impost, it appeared clearly that they were willing to trust Congress with power to draw a revenue from trade. There is no weight, therefore, in the argument drawn from a distrust of Congress; for money matters being the most important of all, if the people will trust them with power as to them, they will trust them with any other necessary powers. Congress, indeed, by the Confederation, have in fact the right of saying how much the people shall pay, and to what purpose it shall be applied; and this right was granted to them in the expectation that it would in all cases have its effect. If another branch were to be added to Congress, to be chosen by the people, it would serve to embarrass. The people would not much interest themselves in the elections, a few designing men in the large districts would carry their points; and the people would have no more confidence in their new representatives than in Congress. He saw no reason why the State Legislatures should be unfriendly, as had been suggested, to Congress. If they appoint Congress, and approve of their

measures, they would be rather favorable and partial to them. The disparity of the States in point of size he perceived was the main difficulty. But the large States had not yet suffered from the equality of votes enjoyed by the smaller ones. In all great and general points, the interests of all the States were the same. The State of Virginia, notwithstanding the equality of votes, ratified the Confederation without even proposing any alteration. Massachusetts also ratified without any material difficulty, &c. In none of the ratifications is the want of two branches noticed or complained of. To consolidate the States, as some had proposed, would dissolve our treaties with foreign nations, which had been formed with us, as confederated States. He did not, however, suppose that the creation of two branches in the Legislature would have such an effect. If the difficulty on the subject of representation cannot be otherwise got over, he would agree to have two branches, and a proportional representation in one of them, provided each State had an equal voice in the other. This was necessary to secure the rights of the lesser States; otherwise three or four of the large States would rule the others as they please. Each State, like each individual, had its peculiar habits, usages, and manners, which constituted its happiness. It would not, therefore, give to others a power over this happiness, any more than an individual would do, when he could avoid it.223

Mr. WILSON urged the necessity of two branches; observed, that if a proper model was not to be found in other confederacies, it was not to be wondered at. The number of them was small, and the duration of

some at least short. The Amphictyonic and Achæan were formed in the infancy of political science; and appear, by their history and fate, to have contained radical defects. The Swiss and Belgic confederacies were held together, not by any vital principle of energy, but by the incumbent pressure of formidable neighbouring nations. The German owed its continuance to the influence of the House of Austria. He appealed to our own experience for the defects of our confederacy. He had been six years, of the twelve since the commencement of the Revolution, a member of Congress, and had felt all its weaknesses. He appealed to the recollection of others, whether, on many important occasions, the public interest had not been obstructed by the small members of the Union. The success of the Revolution was owing to other causes, than the constitution of Congress. In many instances it went on even against the difficulties arising from Congress themselves. He admitted that the large States did accede, as had been stated, to the Confederation in its present form. But it was the effect of necessity, not of choice. There are other instances of their yielding, from the same motive, to the unreasonable measures of the small States. The situation of things is now a little altered. He insisted that a jealousy would exist between the State Legislatures and the General Legislature; observing that the members of the former would have views and feelings very distinct in this respect from their constituents. A private citizen of a State is indifferent whether power be exercised by the General or State Legislatures, provided it be exercised most for his

happiness. His representative has an interest in its being exercised by the body to which he belongs. He will therefore view the National Legislature with the eye of a jealous rival. He observed that the addresses of Congress to the people at large had always been better received, and produced greater effect, than those made to the Legislatures."

On the question for postponing, in order to take up Mr. LANSING'S proposition, "to vest the powers of legislation in Congress," - Connecticut, New York, New Jersey, Delaware, aye, -4; Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, no, -6; Maryland, divided.

On motion of the Deputies from Delaware, the question on the second Resolution in the Report from the Committee of the Whole, was postponed till

to-morrow.

Adjourned.

THURSDAY, JUNE 21ST.

In Convention. — Mr. JONATHAN DAYTON, from New Jersey, took his seat.

The second Resolution in the Report from the Committee of the Whole, being under consideration,—

Doctor JOHNSON. On a comparison of the two plans which had been proposed from Virginia and New Jersey, it appeared that the peculiarity which characterized the latter was its being calculated to preserve the individuality of the States. The plan from Virginia did not profess to destroy this individuality altogether; but was charged with such a ten