Page:Debates in the Several State Conventions, v3.djvu/314

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298
DEBATES.
[Pendleton.

or shall we recur to extremes? As a republican, sir, I think that the security of the liberty and happiness of the people, from the highest to the lowest, being the object of government, the people are consequently the fountain of all power.

They must, however, delegate it to agents, because, from their number, dispersed situation, and many other circumstances, they cannot exercise it in person. They must therefore, by frequent and certain elections, choose representatives to whom they trust it.

Is there any distinction in the exercise of this delegation of power? The man who possesses twenty-five acres of land has an equal right of voting for a representative with the man who has twenty-five thousand acres. This equality of suffrage secures the people in their property. While we are in pursuit of checks, and balances, and proper security in the delegation of power, we ought never to lose sight of the representative character. By this we preserve the great principle of the primary right of power in the people; and should deviations happen from our interest, the spirit of liberty, in future elections, will correct it—a security I esteem far superior to paper bills of rights.

When the bands of our former society were dissolved, and we were under the necessity of forming a new government, we established a constitution founded on the principle of representation, preserving therein frequency of elections, and guarding against inequality of suffrage. I am one of those who are pleased with that Constitution, because it is built on that foundation. I believe that, if the Confederation had the principles and efficacy of that Constitution, we should have found that peace and happiness which we are all in search of. In this state Constitution, to the executive you commit the sword; to the legislative you commit the purse, and every thing else, without any limitation. In both cases, the representative character is in full effect, and thereby responsibility is secured. The judiciary is separate and distinct from both the other branches, has nothing to do with either the purse or sword, and, for obvious reasons, the judges hold their offices during good behavior.

There will be deviations even in our state legislatures thus constituted. I say (and I hope to give no offence when I do) there have been some. I believe every gentleman will see that it is unconstitutional to condemn any man without