some equitable ratio of representation," and afterwards that the representation should be in proportion to the whole number of white and other free citizens of every age, sex and condition, including those bound to servitude for a term of years, and three-fifths of all other persons not comprehended in the foregoing description, except Indians, not paying taxes in each state." And this modification was at that time agreed to by all the states but New Jersey and Delaware. The convention then refused to sustain a motion that in the second branch of the national legislature each state should have one vote, but resolved that the right of suffrage in the second branch ought to be according to the rule established for the first, which latter proposition was supported by all the large states and opposed by all the small ones, excepting only that New-York voted against it.

As yet however nothing definite was settled. The several propositions of governour Randolph and the modifications and amendments of the convention were on the 19th June presented by the committee of the whole to the house in the shape, which the votes of the committee had given them, by which it appeared to be the sense of the committee that the equality of the states was not to be allowed in either branch of the legislature, but a rule was to be established according to some equitable ratio of representation, which ratio was yet to be ascertained. On the question whether

these resolutions should be accepted by the house they who disapproved the report, "found it necessary" to use the words of the attorney general of Maryland "to make a warm and decided opposition," to which he himself contributed by speaking "upwards of three hours." The report in favour of inequality in the first branch was sustained, but when the question on a like inequality in the second branch was taken in the convention, five states were in favour and five against it; the vote of the eleventh, which had only two members on the floor, being lost by division of opinion between the delegates.

In such a state of disagreement as to this most important and essential part of the system, the convention might well be considered as approaching to the termination of their labours, and abandoning to all the storms of anarchy the country, which they had not ability to preserve. But the good genius of the nation prevailed. A committee of compromise was appointed, consisting of one from each state, of which Mr. Gerry was elected chairman, who reported that happy arrangement, which substantially now forms the constitution of the United States. It was not however accomplished without great difficulty, and produced new discussions in the committee of a like temper and earnestness with that, which had marked the discussions in the house. We met, says Mr. Martin, and discussed the subject of

difference; the one side insisted on inequality of suffrage in both branches, the other insisted on equality in both; each party was tenacious of its sentiments. When it was found that nothing could induce us to yield the inequality in both branches, they at length proposed by way of compromise, if we would accede to their wishes as to the first branch, they would agree to the equal representation in the second. To this it was answered, that there was no merit in the proposal; it was only consenting, after they had struggled to put both their feet on our necks, to take one of them off, provided we would consent to let them keep the other on, when they knew at the same time, they could not put one foot on our necks, unless we would consent to it, and that by being permitted to keep on that one foot, they would afterwards be able to place the other foot on whenever they pleased.

A majority of the select committee (he continues) at length agreed to a series of propositions by way of compromise, part of which related to the representation in the first branch nearly as the system is now published, and part of them to the second branch, securing in that an equal representation, and reported them as a compromise upon the express terms that they were wholly to be accepted or wholly to be rejected; upon this compromise a great number of the members so far engaged themselves that if the system was progress

ed upon agreeably to the terms of compromise they would lend it their names by signing it, and would not actively oppose it, if their states should appear inclined to adopt it. Some however, in which number was myself, who joined in the report, agreed to proceed upon those principles, and see what kind of a system would ultimately be formed upon it, yet reserved to themselves in the most explicit manner the right of finally giving a solemn dissent to the system if it was thought by them inconsistent with the freedom and happiness of their country. This will explain why the members of the convention so generally signed their names to the system; not because they thoroughly approved or thought it a proper one, but because they thought it better than the system attempted to be forced on them.

This report of the select committee was after long dissension adopted by a majority of the convention, and the system was proceeded in accordingly. Near a fortnight, perhaps more, was spent in the discussion of this business, during which we were on the verge of dissolution, scarce held together by the strength of a hair, though the public papers were announcing our extreme unanimity.

The report produced by the committee of compromise, and accepted by the house, established the relative rank of the several states as they would stand in representation under the forms of the new constitution, a great and difficult subject, but not

the only one, which had occasioned an alarming diversity of opinion.

The chairman of that committee, without pledging himself for his vote on the final questions before the convention, laboured to bring about a satisfactory result of this intricate subject, which ought to exculpate him from every suspicion of being hostile to the specific objects of the convention, or of maintaining an irreconcilable animosity to the plan in progress.

At the time when this important committee were endeavouring to reconcile the conflicting sentiments of their colleagues, it is evident he must have been sensible of the advantage of accomplishing the duty assigned him, and that there was a possible, and even highly probable expectation of doing so in the way indicated by the course the convention had pursued.

Factious hostility to any rational form of general government, imputed to those who did not concur in the eventual labours of the delegates, can with no propriety be charged on one who devoted so many anxious hours to the elaborating a practicable scheme as was employed by the members of this efficient committee, in whose power it would have been, at any moment, to have brought the business of the convention to an unsuccessful termination.

The report of this committee, by affording some prospect that one of the most unmanageable points