Mr. JAY did not think the gentleman had taken up the matter right. The will of the people certainly ought to be the law, but the only question was, How was this will to be expressed:—whether the will of the people, with respect to the time, place, and manner of holding elections, ought to be expressed by the general government, or by the state legislatures.
Mr. M. SMITH proposed the following addition to Mr. Jones's motion:—
"And that each state shall be divided into as many districts as the representatives it is entitled to, and that each representative shall be chosen by a majority of votes."
But on suggestion that this motion was ill timed, it was withdrawn for the present.
Thursday, June 26.—Mr. SMITH again moved the additional amendment proposed the preceding day; when the Hon. Mr. DUANE called on him to explain the motives which induced his proposal.
Mr. SMITH expressed his surprise that the gentleman should want such an explanation. He conceived that the amendment was founded on the fundamental principles of representative government. As the Constitution stood, the whole state might be a single district for election. This would be improper. The state should be divided into as many districts as it sends representatives. The whole number of representatives might otherwise be taken from a small part of the state, and the bulk of the people, therefore, might not be fully represented. He would say no more at present on the propriety of the amendment. The principle appeared to him so evident, that he hardly knew how to reason upon it, until he heard the arguments of the gentlemen in opposition.
Mr. DUANE. I will not examine the merits of the measure the gentleman recommends. If the proposed mode of election be the best, the legislature of this state will undoubtedly adopt it. But I wish the gentleman to prove that his plan will be practicable, and will succeed. By the Constitution of this state, the representatives are apportioned among the counties, and it is wisely left to the people to choose whom they will, in their several counties, without any further division into districts. Sir, how do we know the proposal will be agreeable to the other states? Is every
