Page:Debates in the Several State Conventions, v2.djvu/327

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
M. Smith.]
NEW YORK.
311

time, return to them, that he may be in a situation to satisfy them with respect to his conduct and the measures of administration. If I recollect right, it was observed by an honorable member from New York, that this amendment would be an infringement on the natural rights of the people. I humbly conceive, if the gentleman reflects maturely on the nature of his argument, he will acknowledge its weakness. What is government itself but a restraint upon the natural rights of the people? What constitution was ever devised that did not operate as a restraint on their original liberties? What is the whole system of qualifications, which take place in all free governments, but a restraint? Why is a certain age made necessary? why a certain term of citizenship? This Constitution itself, sir, has restraints innumerable. The amendment, it is true, may exclude two of the best men ; but it can rarely happen that the state will sustain any material loss by this. I hope and believe that we shall always have more than two men who are capable of discharging the duty of a senator. But, if it should so happen that the state possessed only two capable men, it would be necessary they should return home, from time to time, to inspect and regulate our domestic affairs. I do not conceive the state can suffer any inconvenience. The argument, indeed, might have some weight, were the representation very large; but, as the power is to be exercised upon only two men, the apprehensions of the gentleman are entirely without foundation.

With respect to the second part of the amendment, I would observe, that, as the senators are the representatives of the state legislatures, it is reasonable and proper that they should be under their control. When a state sends an agent commissioned to transact any business, or perform any service, it certainly ought to have a power to recall. These are plain principles, and so far as they apply to the case under examination, they ought to be adopted by us. Form this government as you please, you must, at all events, lodge in it very important powers. These powers must be in the hands of a few men, so situated as to procure a small degree of responsibility. These circumstances ought to put us upon our guard, and the inconvenience of this necessary delegation of power should be corrected, by providing some suitable checks.

Against this part of the amendment a great deal of argu-