Page:Debates in the Several State Conventions, v4.djvu/203

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
Johnston.]
NORTH CAROLINA.
187

we gain any thing when the other states have an equality of members in the Senate, notwithstanding the increase of members in the House of Representatives? This is no consequence at all. I am sorry to mention it, but I can produce an instance which will prove the facility of misconstruction. [Here Mr. Bloodworth cited an instance which took place in Congress with respect to the Indian trade, which, not having been distinctly heard, is omitted.]

They may trample on the rights of the people of North Carolina if there be not sufficient guards and checks. I only mentioned this to show that there may be misconstructions, and that, in so important a case as a constitution, every thing ought to be clear and intelligible, and no ground left for disputes.

Mr. CALDWELL. Mr. Chairman, it is very evident that there is a great necessity for perspicuity. In the sweeping clause, there are words which are not plain and evident. It says that "this Constitution, and the laws of the United States which shall be made in pursuance thereof, &c., shall be the supreme law of the land." The word pursuance is equivocal and ambiguous; a plainer word would be better. They may pursue bad as well as good measures, and therefore the word is improper; it authorizes bad measures. Another thing is remarkable,—that gentlemen, as an answer to every improper part of it, tell us that every thing is to be done by our own representatives, who are to be good men. There is no security that they will be so, or continue to be so. Should they be virtuous when elected, the laws of Congress will be unalterable. These laws must be annihilated by the same body which made them. It appears to me that the laws which they make cannot be altered without calling a convention. [Mr. Caldwell added some reasons for this opinion, but spoke too low to be heard.]

Gov. JOHNSTON. Mr. Chairman, I knew that many gentlemen in this Convention were not perfectly satisfied with every article of this Constitution; but I did not expect that so many would object to this clause. The Constitution must be the supreme law of the land; otherwise, it would be in the power of any one state to counteract the other states, and withdraw itself from the Union. The laws made in pursuance thereof by Congress ought to be the supreme law of the land; otherwise, any one state might repeal the laws