Article

July 9, 1787: Power and Representation

Drawing of brass handscales in the balance.

National Gallery of Art, Index of American Design, https://www.nga.gov/collection/art-object-page.25776.html

"Has a man in Virginia a number of votes in proportion to the number of his slaves? and if negroes are not represented in the States to which they belong, why should they be represented in the General Government. What is the true principle of representation?"

--William Paterson(NJ)

Monday, July 9, 1787: The Convention Today

Gouverneur Morris (PA), chairman of the committee created to propose the apportionment of representatives, presented a report recommending that the first house should consist of 56 members. In the committee's formula, Virginia (the largest state) would have nine representatives, and Rhode Island and Delaware (the smallest states) would each have one. the legislature would regulate future representation based on wealth and population. One representative would be elected for every 40,000 inhabitants, but this rule would not have to apply to newly created states.

Sherman (CT) asked how the committee arrived at its numbers for the first congress, since they didn't correspond to any understanding the current Confederation Congress had of the states' populations and wealth. L. Martin (MD) shared Sherman's skepticism.

Gorham (MA) liked that the proposal enabled future congresses to restrict the first house from growing to an unwieldy number of representatives. He also liked that the proposal enabled the current thirteen states to restrict the representation that new states could have in the future.

By a vote of 9–2, the delegates agreed to let future congresses determine how many representatives the first house would have. By the same margin, they also decided to create a new committee—this time with one member from each state—to tackle the issue of how many representatives each state would get in the first congress. This committee would later be referred to as the "Committee of Eleven."

Read (DE) complained that Georgia got two representatives while Delaware only got one, even though Delaware had more people. G. Morris responded that Georgia's population was growing so rapidly that its populations would be larger than Delaware's once the Constitution went into effect.

Randolph (VA) worried that future Congresses might disenfranchise the American people by refusing to reconsider apportionment as the US population shifted and grew.

Paterson (NJ) disliked letting wealth play a role in determining representation, since enslaved Africans (who he argued should legally be considered property) had neither legal rights nor citizenship. He also despised that representation for enslaved Africans would encourage states to import more slaves. He pointedly noted that the Confederation Congress "had been ashamed to use the term 'slaves,' and had substituted a description," in its legislation.

Madison (VA) couldn't let go of the now unlikely possibility that both houses of Congress could have proportional representation. He suggested one house would apportion representation by population and the second by property—including enslaved Africans.

Butler (SC) "urged warmly the justice and necessity of regarding wealth in the apportionment of representation." King (MA) agreed, since he feared the southern states wouldn't support the Constitution if enslaved Africans did not count toward how many representatives each state received.
Synopsis
  • Delegates agreed to let future congresses determine how many representatives would be in the House of Representatives.
  • After some discontentment was voiced over how many representatives each state would get in the first congress, a new committee with one member from every state present was created to reallocate representation.
  • Delegates argued over whether states' enslaved populations should increase their representation in congress, an idea that the southern states strongly favored.
Delegates Today
  • In the morning, Washington (VA) posed for the popular local artist, Charles Willson Peale. In the evening, he dined at the home of Robert Morris (PA). Later, he accompanied Morris's wife, Mary, to the home of Dr. John Redman, a prominent physician, for tea. He also wrote a letter to Hector St. John De Crevecoeur, a Frenchman who had recently arrived in this country. He thanked him for his offer to transmit letters to the Marquis de Lafayette, whom Washington called his "good and much esteemed friend."
  • Daniel Carroll (MD) arrived at the convention.
Philadelphia Today
  • After a night of heavy thunder but little rain, the day turned sunny and hot.

Part of a series of articles titled The Constitutional Convention: A Day by Day Account for July 1 to 15, 1787.

Independence National Historical Park

Last updated: September 21, 2023