Primary Source: Madison’s Notes of Debates in the Federal Convention, 1787_ 

• I can explain the debate regarding representation in the legislative branch at the Constitutional Convention. _ 

• I can assess how the Constitution reflects compromise on the issue.    

• I can create an argument using primary sources._ 

_ 

Building Context: James Madison’s “Notes,” made during the debates at the Constitutional Convention in Philadelphia in 1787, show the diversity of opinion among the delegates as they worked to create a stronger national government than the one that existed under the Articles of Confederation. The following excerpts are taken from Madison’s notes on the debates on representation, specifically who should elect representatives to Congress. 

 

Speaker	Text from Madison’s Notes	Annotations
Charles Cotesworth Pinckney, South Carolina	“Moved ‘that the 1st branch, instead of being elected by the people, should be elected in such manner as the Legislature of each State shall direct.’”	Pinckney wanted state legislatures— still directly elected by the people within their states—to elect the House because it would filter popular views possibly rooted in passions and interests.
George Mason, Virginia	“Urged the necessity of retaining the election by the people. Whatever inconveniency may attend the democratic principle, it must actuate one part of the Government. It is the only security for the rights of the people.”	Mason is urging a representative popular government for the rights of the people, however messy the character of that government.
John Rutledge, South Carolina	“An election by the Legislature would be more refined (moderate, less passionate) than an election immediately by the people: and would be more likely to correspond with the sense of the whole community.”	Rutledge is supporting the representation principle through the legislature to refine and enlarge, and filter popular views, instead of a direct vote like Mason supports.
James Wilson, Pennsylvania	Considered the election of the 1st branch by the people not only as the corner Stone, but as the foundation of the fabric: and that the difference between a mediate & immediate election was immense.”	Wilson joins Mason in seeing direct election by the people as the foundation of republican self-government. This, he believes, is the real basis for representation, not indirect election.
Roger Sherman, Connecticut	I oppose the election [of the House of Representatives] by the people…it ought to be by state legislatures. The people should have as little to do as may be about the government. They lack information and are constantly liable to be misled.”	Wants to continue equality in Congress by state as under the Articles, but also fears that the people’s passions may cause them to be led astray by a demagogic leader.
Elbridge Gerry, Massachusetts	“The evils we experience flow from the excess of democracy. The people do not lack virtue, but are the dupes of pretended patriots. In Massachusetts, it has been fully confirmed by experience that they are daily misled into the most baneful (harmful) measures and opinions by the false reports circulated by designing men…”	Gerry supports the idea of representation and the virtue of the people, but again, democracy as opposed to republican institutions that filters views can open the path to demagoguery as with the recent Shays’s Rebellion.
Final text in the US Constitution:  Article 1, Section 2  The House of Representatives shall be composed of Members chosen every second Year by the People of the several States…  Article 1, Section 3  The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

 

Comprehension and Analysis Questions:  

1. Explain the two major arguments for representation captured in these views.
2. How does the final text of the ratified Constitution show that compromise was reached among the delegates? 
3. How does the final text of the ratified Constitution attempt to balance the need for a government based on the people that still moderates or refines their wishes?