Volume II Part 61 (1/2)

On this motion

N. H. div^d. Mas. ay. C^t ay. N. J. ay. P^a no. Del. no. M^d no.

V^a no. N. C. no. S. C. no. Geo--no.

M^r Gerry moved to strike out the words ”or by Conventions in three fourths thereof.” On this motion

N. H. no. Mas. no. C^t ay. N. J. no. P^a no. Del. no. M^d no.

V^a no. N. C. no. S. C. no. Geo. no.

M^r Sherman moved according to his idea above expressed to annex to the end of the article a further proviso ”that no State shall without its consent be affected in its internal police, or deprived of its equal suffrage in the Senate.”

M^r Madison. Begin with these special provisos, and every State will insist on them, for their boundaries, exports &c.

On the motion of M^r Sherman

N. H. no. Mas. no. C^t ay. N. J. ay. P^a no. Del. ay. M^d no.

V^a no. N. C. no. S. C. no. Geo. no.

M^r Sherman then moved to strike out art. V altogether.

M^r Brearley 2^{ded} the motion, on which

N. H. no. Mas. no. C^t ay. N. J. ay. P^a no. Del div^d. M^d no.

V^a no. N. C. no. S. C. no. Geo. no.

M^r Gov^r Morris moved to annex a further proviso--”that no State, without its consent shall be deprived of its equal suffrage in the Senate.”

This motion being dictated by the circulating murmurs of the small States was agreed to without debate, no one opposing it, or on the question, saying no.

Col: Mason expressing his discontent at the power given to Congress by a bare majority to pa.s.s navigation acts, which he said would not only enhance the freight, a consequence he did not so much regard--but would enable a few rich merchants in Philad^a N. York & Boston, to monopolize the Staples of the Southern States & reduce their value perhaps 50 Per C^t moved a further proviso that no law in the nature of a navigation act be pa.s.sed before the year 1808, without the consent of 2/3 of each branch of the Legislature.

On this motion

N. H. no. Mas. no. C^t no. N. J. no. P^a no. Del. no. M^d ay.

V^a ay. N. C. abs^t. S. C. no. Geo. ay.

M^r Randolph animadverting on the indefinite and dangerous power given by the Const.i.tution to Congress, expressing the pain he felt at differing from the body of the Convention, on the close of the great & awful subject of their labours, and anxiously wis.h.i.+ng for some accommodating expedient which would relieve him from his embarra.s.sments, made a motion importing ”that amendments to the plan might be offered by the State Conventions, which should be submitted to and finally decided on by another general Convention.” Should this proposition be disregarded, it would he said be impossible for him to put his name to the instrument. Whether he should oppose it afterwards he would not then decide but he would not deprive himself of the freedom to do so in his own State, if that course should be prescribed by his final judgment.

Col: Mason 2^{ded} & followed M^r Randolph in animadversions on the dangerous power and structure of the Government, concluding that it would end either in monarchy, or a tyrannical aristocracy; which, he was in doubt, but one or other, he was sure. This Const.i.tution had been formed without the knowledge or idea of the people. A second Convention will know more of the sense of the people, and be able to provide a system more consonant to it. It was improper to say to the people, take this or nothing. As the Const.i.tution now stands, he could neither give it his support or vote in Virginia; and he could not sign here what he could not support there. With the expedient of another Convention as proposed, he could sign.

M^r Pinkney. These declarations from members so respectable at the close of this important scene, give a peculiar solemnity to the present moment. He descanted on the consequences of calling forth the deliberations & amendments of the different States on the subject of Government at large. Nothing but confusion & contrariety could spring from the experiment. The States will never agree in their plans, and the Deputies to a second Convention coming together under the discordant impressions of their Const.i.tuents, will never agree. Conventions are serious things, and ought not to be repeated. He was not without objections as well as others to the plan. He objected to the contemptible weakness & dependence of the Executive. He objected to the power of a majority only of Cong^s over Commerce. But apprehending the danger of a general confusion, and an ultimate decision by the sword, he should give the plan his support.

M^r Gerry stated the objections which determined him to withhold his name from the Const.i.tution. 1. the duration and re-eligibility of the Senate. 2. the power of the House of Representatives to conceal their journals. 3. the power of Congress over the places of election. 4. the unlimited power of Congress over their own compensation. 5.

Ma.s.sachusetts has not a due share of Representatives allotted to her. 6.

3/5 of the Blacks are to be represented as if they were freemen. 7.