Page:Debates in the Several State Conventions, v4.djvu/84

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68
DEBATES.
[Maclaine.

danger of a consolidation? that Congress can exist no longer than the states—the massy pillars on which it is said to be raised? Do they not also tell us that the state governments are to secure us against Congress? At another time, they tell us that it was unnecessary to secure our liberty by giving them power to prevent the state governments from oppressing us. We know that there is a corruption in human nature. Without circumspection and carefulness, we shall throw away our liberties. Why is this general expression used on this great occasion? Why not use expressions that were clear and unequivocal? If I trust my property with a man and take security, shall I then barter away my rights?

Mr. SPENCER. Mr. Chairman, this clause may operate in such a manner as will abridge the liberty of the people. It is well known that men in power are apt to abuse it, and extend it if possible. From the ambiguity of this expression, they may put such construction upon it as may suit them. I would not have it in such a manner as to endanger the rights of the people. But it has been said that this power is necessary to preserve their existence. There is not the least doubt but the people will keep them from losing their existence, if they shall behave themselves in such a manner as will merit it.

Mr. MACLAINE. Mr. Chairman, I thought it very extraordinary that the gentleman who was last on the floor should say that Congress could do what they please with respect to elections, and be warranted by this clause. The gentleman from Halifax (Mr. Davie) has put that construction upon it which reason and common sense will put upon it. Lawyers will often differ on a point of law, but people will seldom differ about so very plain a thing as this. The clause enables Congress to alter such regulations as the states shall have made with respect to elections. What would he infer from this? What is it to alter? It is to alter the time, place, and manner, established by the legislatures, if they do not answer the purpose. Congress ought to have power to perpetuate the government, and not the states, who might be otherwise inclined. I will ask the gentleman—and I wish he may give me a satisfactory answer—if the whole is not in the power of the people, as well when the elections are regulated by Congress, as when by the states. Are not both the agents of the people, ame-