"Resolved, That, in the second branch of the legislature of the United States, each state shall have an equal vote."
The sixth resolution in the report from the committee of the whole House, which had been postponed, in order to consider the seventh and eighth resolutions, was now resumed. (See the resolution.)
"That the national legislature ought to possess the legislative rights vested in Congress by the Confederation,"
was agreed to, nem. con.
"And moreover to legislate in all cases to which the separate states are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation,"
being read for a question,—
Mr. BUTLER calls for some explanation of the extent of this power; particularly of the word incompetent. The vagueness of the terms rendered it impossible for any precise judgment to be formed.
Mr. GORHAM. The vagueness of the terms constitutes the propriety of them. We are now establishing general principles, to be extended hereafter into details, which will be precise and explicit.
Mr. RUTLEDGE urged the objection started by Mr. Butler; and moved that the clause should be committed, to the end that a specification of the powers comprised in the general terms might be reported.
On the question for commitment, the votes were equally divided,
Connecticut, Maryland, Virginia, South Carolina, Georgia, ay, 5; Massachusetts, New Jersey, Pennsylvania, Delaware, North Carolina, no, 5.
So it was lost.
Mr. RANDOLPH. The vote of this morning (involving an equality of suffrage in the second branch) had embarrassed the business extremely. All the powers given in the report from the committee of the whole were founded on the supposition that a proportional representation was to prevail in both branches of the legislature. When he came here this morning, his purpose was to have offered some propositions that might, if possible, have united a great majority of votes, and particularly might provide against the danger suspected on the part of the smaller states, by enumerating the cases in which it might lie, and allowing an equality of votes in such cases.[1] But finding, from the preceding vote, that they persist in demanding an equal vote in all cases; that they have succeeded in obtaining it; and that New York, if present, would probably be on the same side; he could not but think we were unprepared to discuss the subject further. It will probably be in vain to come to any final decision, with a bare majority on either side. For these reasons he wished the Convention to adjourn, that the large states might consider the steps proper to be taken, in the present solemn crisis of the business; and that the small states might also deliberate on the means of conciliation.
Mr. PATTERSON thought, with Mr. Randolph, that it was high
