Patterson and Livingston — felt that "it would not be safe for Dela-
ware" to allow Virginia, which was 16 times as large as Delaware, 16
times as many votes in the legislative body.

How little things have changed! How much this sounds like the
plaints we hear nowadays from small, rural communities, smarting
under decrees from our higher courts!

But of course the men in Philadelphia, working on a system of
legislative apportionment, were free to exercise their will and their
judgment, untrammelled by a superior political force. In fact, as we
know, at the same time they were creating the legislative body, they
were establishing the court which now rules on the equity of legisla-
tive representation.

The Virginian delegation, which had arrived earlier, had their plan
for a constitution ready for presentation when representatives from
the other states arrived in Philadelphia early in 1787. The Virginia
Plan called for a strong centralized government, and on the crucial
issue of legislative representation, an apportionment based on popu-
lation. The Virginia Plan was discussed for many weeks, and a bitter
dispute arose on the question of states' rights. It might be well to
note that the phrase in that day bore a slightly different connotation
than the one sometimes placed upon it in our time.

New Jersey was a strong advocate of states' rights and of a decen-
tralized federal system. The main point in argument was about repre-
sentation. Charles Pinckney, of South Carolina, said, "Give New
Jersey an equal vote, and she will dismiss her scruples and concur in
that national system. "

The convention was deadlocked on this point, and here occurred
what our historians have called "the Great Compromise. " The sug-
gestion was made that each state be equally represented in the upper
house of the Congress and that the representation in the lower house
be based on population, to be determined by a census taken every
ten years.

When the vote was taken on July 16, 1787, the convention adopted
this compromise. Maryland, with New Jersey, Connecticut, Delaware
and North Carolina, voted for the compromise. Pennsylvania, Vir-
ginia, South Carolina and Georgia voted against it. New York lost
her vote because her delegates were absent, and the New Hampshire
delegation had not yet arrived. Thus, by the narrowest of margins
the vital question of representation was settled, and the convention
within the next few weeks went on to settle the remaining issues.

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