On the question for resolving, "that the legislature ought to consist of two branches,"—
Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, ay, 7; New York, New Jersey, Delaware, no, 3; Maryland, divided.126
The third resolution of the report being taken into consideration—
Gen. PINCKNEY moved, "that the first branch, instead of being elected by the people, should be elected in such manner as the legislature of each state should direct." He urged,—first, that this liberty would give more satisfaction, as the legislatures could then accommodate the mode to the convenience and opinions of the people; secondly, that it would avoid the undue influence of large counties, which would prevail if the elections were to be made in districts, as must be the mode intended by the report of the committee; thirdly, that otherwise, disputed elections must be referred to the general legislature, which would be attended with intolerable expense and trouble to the distant parts of the republic.
Mr. L. MARTIN seconded the motion.
Col. HAMILTON considered the motion as intended manifestly to transfer the election from the people to the state legislatures, which would essentially vitiate the plan. It would increase that state influence which could not be too watchfully guarded against. All, too, must admit the possibility, in case the general government should maintain itself, that the state governments might gradually dwindle into nothing. The system, therefore, should not be engrafted on what might possibly fail.
Mr. MASON urged the necessity of retaining the election by the people. Whatever inconvenience may attend the democratic principle, it must actuate one part of the government. It is the only security for the rights of the people.
Mr. SHERMAN would like an election by the legislatures best, but is content with the plan as it stands.
Mr. RUTLEDGE could not admit the solidity of the distinction between a mediate and immediate election by the people. It was the same thing to act by one's self, and to act by another. An election by the legislature would be more refined than an election immediately by the people; and would be more likely to correspond with the sense of the whole community. If this Convention had been chosen by the people in districts, it is not to be supposed that such proper characters would have been preferred. The delegates to Congress, he thought, had also been fitter men than would have been appointed by the people at large.
Mr. WILSON considered the election of the first branch by the people not only as the corner-stone, but as the foundation, of the fabric; and that the difference between a mediate and immediate election was immense. The difference was particularly worthy of notice m this respect—that the legislatures are actuated not merely by the sentiment of the people, but have an official sentiment opposed to
