The 3d resolve was then taken into consideration by the convention.

Mr. Pinkney. I move that the members of the first branch be appointed in such manner as the several state legislatures shall direct, instead of the mode reported. If this motion is not agreed to, the other will operate with great difficulty, if not injustice-If you make district elections and join, as I presume you must, many counties in one district, the largest county will carry the election as its united influence will give a decided majority in its favor.

Mr. Madison. I oppose the motion-there are difficulties, but they may be obviated in the details connected with the subject.

Mr. Hamilton. It is essential to the democratic rights of the community, that this branch be directly elected by the people. Let us look forward to probable eventsThere may be a time when state legislatures may cease, and such an event ought not to embarrass the national government.

Mr. Mason. I am for preserving inviolably the democratic branch of the government-True, we have found inconveniencies from pure democracies; but if we mean to preserve peace and real freedom, they must necessarily become a component part of a national government. Change this necessary principle, and if the government proceeds to taxation, the states will oppose your powers.

Mr. Sherman thought that an amendment to the proposed amendment is necessary.

Gov. Rutledge. It is said that an election by representatives is not an election by the people. This proposition is not correct. What is done by my order is done by myself. I am convinced that the mode of election by legislatures will be more refined, and better men will be sent.

Mr. Wilson. The legislature of the states by the pro

posed motion will have an uncontrolable sway over the general government. Election is the exercise of original sovereignty in the people-but if by representatives, it is only relative sovereignty.

Mr. King. The magistrates of the states will ever pursue schemes of their own, and this, on the proposed motion, will pervade the national government-and we know the state governments will be ever hostile to the general government.

Mr. Pinkney. All the reasoning of the gentlemen opposed to my motion has not convinced me of its impropriety. There is an esprit de corps which has made heretofore every unfederal member of congress, after his election, become strictly federal, and this I presume will ever be the case in whatever manner they may be elected.

Question put on Mr. Pinkney's motion and carried by 6 states against 4-one divided.

Question then put on the resolve-9 states for-1 against one divided.

Gov. Randolph. I move that in the resolve for the duration of the first branch of the general legislature, the word three be expunged, and the words two years be inserted.

Mr. Dickinson. I am against the amendment. I propose that the word three shall remain, but that they shall be removable annually in classes.

Mr. Sherman. I am for one year. Our people are accustomed to annual elections. Should the members have a longer duration of service, and remain at the seat of government, they may forget their constituents, and perhaps imbibe the interest of the state in which they reside, or there may be danger of catching the esprit de corps.

Mr. Mason. I am for two years. One year is too short. In extensive states four months may elapse before the returns can be known, Hence the danger of their remaining too long unrepresented.

Mr. Hamilton. There is a medium in every thing. I confess three years is not too long-A representative ought to have full freedom of deliberation, and ought to exert an opinion of his own. I am convinced that the public mind will adopt a solid plan—The government of NewYork, although higher toned than that of any other state, still we find great listlessness and indifference in the electors; nor do they in general bring forward the first characters to the legislature. The public mind is perhaps not now ready to receive the best plan of government, but certain circumstances are now progressing which will give a different complexion to it. Two years duration agreed to. Adjourned till to-morrow morning.

FRIDAY, JUNE 22d, 1787.

Met pursuant to adjournment.

The clause of the 3d resolve, respecting the stipends, taken into consideration.

Judge Elsworth. I object to this clause. I think the state legislatures ought to provide for the members of the general legislature, and as each state will have a proportionate number, it will not be burthensome to the smaller states. I therefore move to strike out the clause.

Mr. Gorham. If we intend to fix the stipend, it may be an objection against the system, as the states would never adopt it. I join in sentiment to strike out the whole.

Gov. Randolph. I am against the motion. Are the members to be paid? Certainly-We have no sufficient fortunes to induce gentlemen to attend for nothing. If the state legislatures pay the members of the national council, they will controul the members, and compel them to pursue state measures. I confess the payment will not operate impartially, but the members must be paid,

and be made easy in their circumstances. Will they attend the service of the public without being paid?

Mr. Sherman. The states ought to pay their members; and I judge of the approbation of the people on matters of government by what I suppose they will approve.

Mr. Wilson. I am against going as far as the resolve. If, however, it is intended to throw the national legislature into the hand of the states, I shall be against it. It is possible the states may become unfederal, and they may then shake the national government. The members ought to be paid out of the national treasury.

Mr. Madison. Our attention is too much confined to the present moment, when our regulations are intended to be perpetual. Our national government must operate for the good of the whole, and the people must have a general interest in its support; but if you make its legislators subject to and at the mercy of the state governments, you ruin the fabric-and whatever new states may be added to the general government the expence will be equally borne.

Mr. Hamilton. I do not think the states ought to pay the members, nor am I for a fixed sum. It is a general remark, that he who pays is the master. If each state pays its own members, the burthen would be disproportionate, according to the distance of the states from the seat of government. If a national government can exist, members will make it a desirable object to attend, without accepting any stipend—and it ought to be so organized as to be efficient.

Mr. Wilson. I move that the stipend be ascertained by the legislature and paid out of the national treasury.

Mr. Madison. I oppose this motion. Members are too much interested in the question. Besides, it is indecent that the legislature should put their hands in the public purse to convey it into their own.

Question put on Mr. Wilson's motion and negatived7 states against-2 for, and 2 divided.

Mr. Mason moved to change the phraseology of the resolve, that is to say, to receive an adequate compensation for their services, and to be paid out of the treasury. This motion was agreed to.

Mr. Rutledge. I move that the question be taken on these words, to be paid out of the national treasury.

Mr. Hamilton. It has been often asserted, that the interests of the general and of the state legislatures are precisely the same. This cannot be true. The views of the governed are often materially different from those who govern. The science of policy is the knowledge of human nature. A state government will ever be the rival power of the general government. It is therefore highly improper that the state legislatures should be the paymasters of the members of the national government. All political bodies love power, and it will often be improperly attained.

Judge Elsworth. If we are so exceedingly jealous of state legislatures, will they not have reason to be equally jealous of us? If I return to my state and tell them, we made such and such regulations for a general govern. ment, because we dared not trust you with any extensive powers, will they be satisfied? nay, will they adopt your government? and let it ever be remembered, that without their approbation your government is nothing more than a rope of sand.

Mr. Wilson. I am not for submitting the national government to the approbation of the state legislatures. I know that they and the state officers will oppose it. I am for carrying it to the people of each state.

Mr. Rutledge's motion was then put-4 states for the clause-5 against-2 states divided. New-York divided. The clause, to be ineligible to any office, &c. came next o be considered.

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