Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
Mr. SMITH, (of South Carolina.)--I am opposed to this motion, because I
conceive it will operate as a partial inconvenience to the more distant
States. If every member is to be bound by instructions how to vote, what
are gentlemen from the extremities of the continent to do? Members from
the neighboring States can obtain their instructions earlier than those
from the Southern ones, and I presume that particular instructions will
be necessary for particular measures; of consequence, we vote perhaps
against instructions on their way to us, or we must decline voting at
all. But what is the necessity of having a numerous representation? One
member from a State can receive the instructions, and by his vote answer
all the purposes of many, provided his vote is allowed to count for the
proportion the State ought to send; in this way the business might be
done at a less expense than having one or two hundred members in the
House, which had been strongly contended for yesterday.
Mr. STONE.--I think the clause would change the Government entirely;
instead of being a Government founded upon representation, it would be a
democracy of singular properties.
I differ from the gentleman from Virginia (Mr. MADISON), if he thinks
this clause would not bind the representative; in my opinion, it would
bind him effectually, and I venture to assert, without diffidence, that
any law passed by the Legislature would be of no force, if a majority of
the members of this House were instructed to the contrary, provided the
amendment became part of the constitution. What would follow from this?
Instead of looking in the code of laws passed by Congress, your
Judiciary would have to collect and examine the instructions from the
various parts of the Union. It follows very clearly from hence, that the
Government would be altered from a representative one to a democracy,
wherein all laws are made immediately by the voice of the people.
This is a power not to be found in any part of the earth except among
the Swiss cantons; there the body of the people vote upon the laws, and
give instructions to their delegates. But here we have a different form
of Government; the people at large are not authorized under it to vote
upon the law, nor did I ever hear that any man required it. Why, then,
are we called upon to propose amendments subversive of the principles
of the constitution, which were never desired?
Several members now called for the question, and the Chairman being
about to put the same:
Mr. GERRY.--Gentlemen seem in a great hurry to get this business
through. I think, Mr. Chairman, it requires a further discussion; for my
part, I had rather do less business and do it well, than precipitate
measures before they are fully understood.
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