Page:Debates in the Several State Conventions, v2.djvu/259

.] ; for to say that a bad government must be established for fear of anarchy, is, in reality, saying that we must kill ourselves for fear of dying.

Mr. M. SMITH. I had the honor, yesterday, of submitting an amendment to the clause under consideration, with some observations in support of it. I hope I shall be indulged in making some additional remarks in reply to what has been offered by the honorable gentleman from New York.

He has taken up much time in endeavoring to prove that the great defect in the old Confederation was, that it operated upon states instead of individuals. It is needless to dispute concerning points on which we do not disagree. It is admitted that the powers of the general government ought to operate upon individuals to a certain degree. How far the powers should extend, and in what cases to individuals, is the question.

As the different parts of the system will come into view in the course of our investigation, an opportunity will be afforded to consider this question. I wish, at present, to confine myself to the subject immediately under the consideration of the committee. I shall make no reply to the arguments offered by the honorable gentleman to justify the rule of apportionment fixed by this clause; for, though I am confident they might be easily refuted, yet I am persuaded we must yield this point, in accommodation to the Southern States. The amendment therefore proposes no alteration to the clause in this respect.

The honorable gentleman says, that the clause, by obvious construction, fixes the representation. I wish not to torture words or sentences. I perceive no such obvious construction.

I see clearly that, on one hand, the representatives cannot exceed one for thirty thousand inhabitants; and, on the other, that whatever larger number of inhabitants may be taken for the rule of apportionment, each state shall be entitled to send one representative. Every thing else appears to me in the discretion of the legislature. If there be any other limitation, it is certainly implied. Matters of moment should not be left to doubtful construction. It is urged that the number of representatives will be fixed at one for thirty thousand, because it will be the interest of the larger states to do it. I cannot discern the force of this argument