University of Virginia Library

Wednesday June 27. in Convention.

Mr. Rutlidge moved to postpone the 6th. Resolution,
defining the powers of Congs. in order to take up the
7 & 8 which involved the most fundamental points;
the rules of suffrage in the 2 branches which was
agreed to nem. con.

A question being proposed on the Resol: 7; declaring
that the suffrage in the first branch shd. be
according to an equitable ratio.

Mr. L. Martin[109] contended at great length and with
great eagerness that the General Govt. was meant
merely to preserve the State Governts., not to govern
individuals: that its powers ought to be kept within
narrow limits: that if too little power was given to
it, more might be added; but that if too much, it
could never be resumed: that individuals as such
have little to do but with their own States; that the
Genl. Govt. has no more to apprehend from the States
composing the Union, while it pursues proper measures,
that Govt. over individuals has to apprehend
from its subjects: that to resort to the Citizens at
large for their sanction to a new Governt. will be
throwing them back into a state of Nature; that the
dissolution of the State Govts. is involved in the
nature of the process; that the people have no right
to do this without the consent of those to whom
they have delegated their power for State purposes:
through their tongues only they can speak, through
their ears, only can hear: that the States have
shewn a good disposition to comply with the Acts
of Congs, weak, contemptibly weak as that body
has been; and have failed through inability alone to
comply: that the heaviness of the private debts,

and the waste of property during the war, were the
chief causes of this inability; that he did not conceive
the instances mentioned by Mr. Madison of compacts
between Va. & Md. between Pa. & N. J. or of
troops raised by Massts. for defence against the
Rebels, to be violations of the articles of confederation
—that an equal vote in each State was essential
to the federal idea, and was founded in justice &
freedom, not merely in policy: that tho' the States
may give up this right of sovereignty, yet they had
not, and ought not: that the States like individuals
were in a State of nature equally sovereign & free.
In order to prove that individuals in a State of Nature
are equally free & independent he read passages from
Locke, Vattel, Lord Summers—Priestly. To prove
that the case is the same with States till they surrender
their equal sovereignty, he read other passages
in Locke & Vattel, and also Rutherford: that
the States being equal cannot treat or confederate
so as to give up an equality of votes without giving
up their liberty: that the propositions on the table
were a system of slavery for 10 States: that as Va.
Massts. & Pa. have 42/90 of the votes they can do as they
please without a miraculous Union of the other ten:
that they will have nothing to do, but to gain over
one of the ten to make them compleat masters of the
rest; that they can then appoint an Execute. &
Judiciary & legislate for them as they please: that
there was & would continue a natural predilection
& partiality in men for their own States; that the
States, particularly the smaller, would never allow
a negative to be exercised over their laws: that no
State in Ratifying the Confederation had objected
to the equality of votes; that the complaints at present
run not agst. this equality but the want of power:
that 16 members from Va. would be more likely to
act in concert than a like number formed of members
from different States: that instead of a junction of
the small States as a remedy, he thought a division
of the large States would be more eligible.—This was
the substance of a speech which was continued more
than three hours. He was too much exhausted he
said to finish his remarks, and reminded the House
that he should tomorrow, resume them.

Adjd.