great difference between the number of representatives and the number of inhabitants, as a rule in this case. Even if the former were proportioned as nearly as possible to the latter, it would be a very inaccurate rule. A state might have one representative only, that had inhabitants enough for one and a half, or more, if fractions could be applied, and so forth. He proposed to amend the motion by adding the words "subject to a final liquidation by the foregoing rule, when a census shall have been taken."
Mr. MADISON. The last appointment of Congress, on which the number of representatives was founded, was conjectural, and meant only as a temporary rule, till a census should be established.
Mr. READ. The requisitions of Congress had been accommodated to the impoverishment produced by the war, and to other local and temporary circumstances.
Mr. WILLIAMSON opposed Mr. Gerry's motion.
Mr. LANGDON was not here when New Hampshire was allowed three members. It was more than her share; he did not wish for them.
Mr. BUTLER contended warmly for Mr. Gerry's motion, as founded in reason and equity.
Mr. Ellsworth's proviso to Mr. Gerry's motion was agreed to, nem. con.
Mr. KING thought the power of taxation given to the legislature rendered the motion of Mr. Gerry altogether unnecessary.
On Mr. Gerry's motion, as amended,—
Massachusetts, South Carolina, ay, 2; New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, Georgia, no, 8; North Carolina, divided.
On the question, "Shall article 6, sect. 12, with the amendment to it, proposed and entered on the 15th inst., as called for by Col. Mason, be now taken up?" It passed in the negative.
New Hampshire, Connecticut, Virginia, Maryland, North Carolina, ay, 5; Massachusetts. New Jersey, Pennsylvania, Delaware, South Carolina, Georgia, no, 6.
Mr. L. MARTIN. The power of taxation is most likely to be criticized by the public. Direct taxation should not be used but in cases of absolute necessity ; and then the states will be the best judges of the mode. He therefore moved the following addition to article 7, sect. 3:—
"And whenever the legislature of the United States shall find it necessary that revenue should be raised by direct taxation, having apportioned the same according to the above rule on the several states, requisitions shall be made of the respective states to pay into the Continental treasury their respective quotas, within a time in the said requisitions specified; and in case of any of the states failing to comply with such requisitions, then, and then only, to devise and pass acts directing the mode, and authorizing the collection of the same."
Mr. M'HENRY seconded the motion. There was no debate; and, on the question,—
New Jersey, ay, 1; New Hampshire, Connecticut, Pennsylvania, Delaware, Virginia, North Carolina South Carolina, Georgia, no, 8; Maryland, divided, (Jenifer and Carroll, no.)222
