Page:Debates in the Several State Conventions, v2.djvu/110

94 effectual a security against the asurpation of the general government as it is against the encroachment of the state governments. For an increase of the powers by usurpation is as clearly a violation of the federal Constitution as a diminution of these powers by private encroachment; and that the oath obliges the officers of the several states as vigorously to oppose the one as the other. But there is another check, founded in the nature of the Union, superior to all the parchment checks that can be invented. If there should be a usurpation, it will not be on the farmer and merchant, employed and attentive only to their several occupations; it will be upon thirteen legislatures, completely organized, possessed of the confidence of the people, and having the means, as well as inclination, successfully to oppose it. Under these circumstances, none but madmen would attempt a usurpation. But, sir, the people themselves have it in their power effectually to resist usurpation, without being driven to an appeal to arms. An act of usurpation is not obligatory; it is not law; and any man may be justified in his resistance. Let him be considered as a criminal by the general government, yet only his own fellow-citizens can convict him; they are his jury, and if they pronounce him innocent, not all the powers of Congress can hurt him ; and innocent they certainly will pronounce him, if the supposed law he resisted was an act of usurpation.

Afternoon.—As soon as the Convention met this afternoon, Mr. NASON, in a short speech, introduced a motion to this effect: "That this Convention so far reconsider their former vote to discuss the Constitution by paragraphs, as to leave the subject at large open for consideration." This motion met with a warm opposition from several parts of the house.

Mr. WALES said, that the time which had been spent in the discussion had been well spent, and that he was much surprised to see gentlemen thus wishing to hurry the matter.

Mr. WIDGERY said, that necessity compelled them to hurry.

Mr. DALTON. Mr. President, we have been but six or seven days in the discussion of the Constitution. Sir, has not paragraph after paragraph been considered and explained? Has not great light been thrown upon the articles we have considered? For my part, I profess to have received