Page:Debates in the Several State Conventions, v3.djvu/616

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600
DEBATES.
[Randolph.

it. You must violate every rule of construction and common sense, if you sever it from the power of raising money, and annex it to any thing else, in order to make it that formidable power which it is represented to be.

The honorable gentleman says there is no restraint on the power of issuing general warrants. If I be tedious in asking where is that power, you will ascribe it to him who has put me to the necessity of asking. They have no such power given them: if they have, where is it?

Again he recurs to standing armies, and asks if Congress cannot raise such. Look at the bill of rights provided by the honorable gentleman himself, and tell me if there be no great security by admitting it when necessary. It says that standing armies should be avoided in time of peace. It does not absolutely prohibit them. Is there any clause in it, or in the Confederation, which prevents Congress from raising an army? No: it is left to the discretion of Congress. It ought to be in the power of Congress to raise armies, as the existence of society might, at some future period, depend upon it. But it should be recommended to them to use the power only when necessary. I humbly conceive that you have as great security as you could desire from that clause in the Constitution which directs that money for supporting armies will be voted for every two years—as, by this means, the representatives who will have appropriated money unnecessarily, or imprudently, to that purpose, may be removed, and a new regulation made. Review the practice of the favorite nation of the honorable gentleman. In their bill of rights there is no prohibition of a standing army, but only that it ought not to be maintained without the consent of the legislature. Can it be done here without the consent of the democratic branch? Their consent is necessary to every bill, and money bills can originate with them only. Can an army, then, be raised or supported without their approbation?

[His excellency then went over all the articles of Mr. Henry's proposed declaration of rights, and endeavored to prove that the rights intended to be thereby secured were either provided for in the Constitution itself, or could not be infringed by the general government, as being unwarranted by any of the powers which were delegated therein; for that it was in vain to provide against the exercise of a power which did not exist.]

He then proceeded to examine the nature of some of the amendments proposed by the honorable gentleman. As to