The Records of the Federal Convention of 1787/Volume 3/Appendix A/LVIII

by Max Farrand

LVIII. Edmund Randolph’s Suggestion for Conciliating the Small States.^[1]

communicated by Mr. Randolph, July 10. as an accomodating proposition to small States

(This & the following paper to be in an appendix)

1. Resolvd. that in the second branch each State have one vote in the following cases,

1. in granting exclusive rights to Ports.

2. in subjecting vessels or seamen of the U. States to tonnage, duties or other impositions

3. in regulating the navigation of Rivers

4. in regulating the rights to be enjoyed by citizens of one State in the other States.

5. in questions arising on the guarantee of territory

6. in declaring war or taking measures for subduing a Rebellion

7. in regulating Coin

8. in establishing & regulating the post office

9. in the admission of new States into the Union

10. in establishing rules for the government of the Militia

11. in raising a regular army

12. in the appointment of the Executive

13. in fixing the seat of Government

That in all other cases the right of suffrage be proportioned according to an equitable rule of representation.

2. that for the determination of certain important questions in the 2d branch, a greater number of votes than a mere majority be requisite

3. that the people of each State ought to retain the perfect right of adopting from time to time such forms of republican Government as to them may seem best, and of making all laws not contrary to the articles of Union; subject to the supremacy of the General Government in those instances only in which that supremacy shall be expressly declared by the articles of the Union.

4. That altho’ every negative given to the law of a particular State shall prevent its operation, any State may appeal to the national Judiciary against a negative; and that such negative if adjudged to be contrary to the power granted by the articles of the Union, shall be void

5. that any individual conceiving himself injured or oppressed by the partiality or injustice of a law of any particular State may resort to the National Judiciary, who may adjudge such law to be void, if found contrary to the principles of equity and justice.

1. From the Madison Papers, XII, 60. Printed in Documentary History of the Constitution, V, 437–438.