History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
In this expectation they were not disappointed; for when the system
framed in the committee came under revision in the Convention, and the
severe and protracted contest ended at last in the compromise
described in a previous chapter, the States were not only permitted to
choose the members of the Senate, but they were admitted to an
equality of representation in that branch, and the subject was freed
from the embarrassment arising from the numbers that must have been
introduced into it by the opposite plan. From this point, the sole
questions that required to be determined related to the number of
members to be assigned to each State, and the method of voting. The
first was a question of expediency only; the last was a question both
of expediency and of principle.
The constant aim of the States, which had from the first opposed a
radical change in the structure of the government, was to frame the
legislature as nearly as possible upon the model of the Congress of
the Confederation. In that assembly, each State was allowed not more
than seven, and not less than two members; but in practice, the
delegations of the States perpetually varied between these two
numbers, or fell below the lowest, and in the latter case the State
was not considered as represented. The method of voting, however,
rendered it unimportant how many members were present from a State,
provided they were enough to cast the vote of the State at all; for
all questions were decided by the votes of a majority of the States,
and not of a majority of the members voting. I have already had
occasion more than once to notice the fact,--and it is one of no
inconsiderable importance,--that the first Continental Congress,
assembled in 1774, adopted the plan of giving to each Colony one vote,
because it was impossible to ascertain the relative importance of the
different Colonies. The record that was then made of this reason for a
method of voting that would have been otherwise essentially unjust,
shows quite clearly that a purpose was then entertained of adopting
some other method at a future time. But when the Articles of
Confederation were framed, in 1781, it appears as clearly from the
discussions in Congress, not only that the same difficulty of
obtaining the information necessary for a different system continued,
but that some of the States were absolutely unwilling to enter the
Confederation upon any other terms than a full federal equality. In
this way the practice of voting by States in Congress was perpetuated
down to the year 1787. It had come to be regarded by some of the
smaller States, notwithstanding the injustice and inconvenience which
it constantly produced, as a kind of birthright; and when the Senate
of the United States came to be framed, and an equality of
representation in it was conceded, some of the members of those States
still considered it necessary to preserve this method of voting, in
order to complete the idea of State representation, and to enable the
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