Mr. Rutledge. We have no legal authority ; and obedience to our determinations will only follow the reasonableness, the apparent utility and necessity of the measures we adopt. We have no coercive or legislative authority. Our constituents are bound only in honor to observe our determinations.
Governor Ward. There are a great number of counties, in Virginia, very unequal in point of wealth and numbers, yet each has a right to send two members.
Mr. Lee. But one reason, which prevails with me, and that is, that we are not at this time provided with proper materials. [I] am afraid we are not.
Mr. Gadsden. I can't see any way of voting, but by Colonies.
Colonel Bland. I agree with the gentleman (ego) who spoke near me, that we are not at present provided with materials to ascertain the importance of each Colony. The question is, whether the rights and liberties of America shall be contended for, or given up to arbitrary powers.
Mr. Pendleton. If the committee should find themselves unable to ascertain the weight of the Colonies, by their numbers and property, they will report this, and this will lay the foundation for the Congress to take some other steps to procure evidence of numbers and property at some future time.
Mr. Henry. I agree that authentic accounts cannot be had, if by authenticity is meant attestations of officers of the Crown.
I go upon the supposition that government is at an end. All distinctions are thrown down. All America is thrown into one mass. We must aim at the minutiae of rectitude.
Mr. Jay. Could I suppose that we came to frame an American constitution, instead of endeavoring to correct the faults in an old one — I can't yet think that all government is at an end. The measure of arbitrary power is not full, and I think it must run over, before we undertake to frame a new constitution.
To the virtue, spirit, and abilities of Virginia, we owe much. I should always, therefore, from inclination as well as justice, be for giving Virginia its full weight.
I am not clear that we ought not to be bound by a majority, though ever so small, but 1 only mentioned it as a matter of danger, worthy of consideration. . . .
7. Wednesday. Went to Congress again, heard Mr. Duché read