I. In April, 1783, congress had apportioned the sup- CHAP. plies of the states for the common treasury to the whole number of their free inhabitants and three 1787. fifths of other persons; in this precedent the equitable ratio for representation in the popular branch was found.' Connecticut then took the lead; and Sherman, acting upon a principle which he had avowed more than ten years before, moved that each state should have one vote in the second branch, or senate. "Everything," he said, "depends on this; the smaller states will never agree to the plan on any other principle than an equality of suffrage in this branch." Ellsworth shored up his colleague; but they rallied only five states against the six which had demanded a proportioned representation. Finally Wilson and Hamilton proposed for the second branch the same rule of suffrage as for the first; and this, too, was carried by the phalanx of the same six states against the remaining five. So the settlement offered by Wilson, Hamilton, Madison, Rutledge, and others, to the small states, and adopted in the committee of the whole, was: The appointment of the senators among the states according to representative population, except that each state should have at least one. The convention speeded through the remainder of the Virginia plan. A guarantee to each state of its territory was declined. A republican constitution, the only one suited to the genius of the United States, to the principles on which they had conducted 'Gilpin, 843; Elliot, 181. 3 VOL. II. June 11. CHAP. their war for independence, to their assumption beI. fore the world of the responsibility of demonstrating 1787. man's capacity for self-government, was guaranteed to each one of the United States. June 11. 12. 2 The requirement of an oath from the highest state officers to support the articles of union was opposed by Sherman' as an intrusion into the state jurisdictions, and supported by Randolph as a necessary precaution. "An oath of fidelity to the states from national officers might as well be required," said Gerry. Martin observed: "If the new oath should conflict with that already taken by state officers, it would be improper; if coincident, it would be superfluous." The clause was retained by the vote of the six national states. By the same vote the new system was referred for consideration and decision to assemblies chosen expressly for the purpose by the people of the several states. The articles of union were thereafter open to "amendment whensoever it should seem necessary." Sherman and Ellsworth wished the members of the popular branch to be chosen annually. "The people of New England," said Gerry, "will never give up annual elections.” "We ought," replied Madison, "to consider what is right and necessary in itself for the attainment of a proper government;" and his proposal of a term of three years was adopted for the time; though, to humor the Eastern states, it was afterward changed to two. The ineligi bility of members of congress to national offices was limited to one year after their retirement; but on the 'Gilpin, 847; Elliot, 184. 'Gilpin, 845; Elliot, 182. I. motion of Charles Pinckney the restriction on their CHAP. re-election was removed, and the power of recalling them, which was plainly inconsistent with their choice 1787. by the people, was taken away.' The qualification 12. of age was at a later day fixed at twenty-five years for the branch elected by the people. For senators the qualification of age was at that time fixed at thirty. Pierce would have limited their term of service to three years; Sherman to not more than five; but a great majority held seven years by no means too long. The resolutions of the committee departed from the original plan of Virginia but rarely, and, for the most part, for the better. Thus amended, it formed a complete outline of a federal republic. The mighty work was finished in thirteen sessions, with little opposition except from the small states, and from them chiefly because they insisted on equality of suf frage in at least one branch of the legislature. 1 1 Gilpin, 851; Elliot, 185. June 13. CHAP. CHAPTER II. NEW JERSEY CLAIMS AN EQUAL REPRESENTATION OF THE STATES. 15-19 JUNE, 1787. THE plan of Virginia divested the smaller states II. of the equality of suffrage, which they had enjoyed 1787. from the inception of the union. "See the conse June. quence of pushing things too far," said Dickinson to Madison; the smaller states, though some of their members, like himself and the delegates from Connecticut, wished for a good national government with two branches of the legislature, were compelled, in self-defence, to fall back upon the articles of confederation.' The project which in importance stands next to that of Virginia is the series of propositions of Con. necticut. It consisted of nine sections, and in the sessions of the convention received the unanimous support of the Connecticut delegation, particularly of Sherman and Ellsworth. It was framed while they were still contriving amendments of the articles 1 Gilpin, 863, note; Elliot, 191. II. June. of the confederation.' It gave to the legislature of CHAP. the United States the power over commerce with foreign nations and between the states in the union, 1787. with a revenue from customs and the post-office. The United States were to make laws in all cases which concerned their common interests; but not to interfere with the governments of the states in matters wherein the general welfare of the United States is not affected. The laws of the United States relating to their common interests were to be enforced by the judiciary and executive officers of the respective states. The United States were to institute one supreme tribunal and other necessary tribunals, and to ascertain their respective powers and jurisdiction. The individual states were forbidden to emit bills of credit for a currency, or to make laws for the payment or discharge of debts or contracts in any manner differing from the agreement of the parties, whereby foreigners and the citizens of other states might be affected. The common treasury shall be 1 Therefore, certainly, before 19 June, and probably soon after the arrival of Sherman in Philadelphia. The Connecticut members were not chosen till Saturday, the twelfth of May. Ellsworth took his seat the twenty-eighth of May, Sherman the thirtieth, and Johnson the second of June. For the plan, see the Life of Roger Sherman by Jeremiah Evarts, in Biography of the Signers, Ed. of 1828, pp. 42-44. It may be that Sherman drew the paper; but one of the articles corresponds with the sixth recommendation of a committee on which Ellsworth served with Randolph in 1781; and is very similar to a proposi tion made in 1786 by a sub-com- |