Page:Debates in the Several State Conventions, v3.djvu/202

186 I say that this new system shows, in stronger terms than words could declare, that the liberties of the people are secure. It goes on the principle that all power is in the people, and that rulers have no powers but what are enumerated in that paper. When a question arises with respect to the legality of any power, exercised or assumed by Congress, it is plain on the side of the governed: Is it enumerated in the Constitution? If it be, it is legal and just. It is otherwise arbitrary and unconstitutional. Candor must confess that it is infinitely more attentive to the liberties of the people than any state government.

[Mr. Lee then said, that, under the state governments, the people reserved to themselves certain enumerated rights, and that the rest were vested in their rulers; that, consequently, the powers reserved to the people were but an inconsiderable exception from what were given to their rulers; but that, in the federal government, the rulers of the people were vested with certain defined powers, and that what were not delegated to those rulers were retained by the people. The consequence of this, he said, was, that the limited powers were only an exception to those which rested in the people, and that they knew what they had given up, and could be in no danger. He exemplified the proposition in a familiar manner. He observed, that, if a man delegated certain powers to an agent, it would be an insult upon common sense to suppose that the agent could legally transact any business for his principal which was not contained in the commission whereby the powers were delegated; but that, if a man empowered his representative or agent to transact all his business except certain enumerated parts, the clear result was, that the agent could lawfully transact every possible part of his principal's business except the enumerated parts; and added, that these plain propositions were sufficient to demonstrate the inutility and folly (were he permitted to use the expression) of bills of rights.]

He then continued: I am convinced that that paper secures the liberty of Virginia, and of the United States. I ask myself if there be a single power in it which is not necessary for the support of the Union; and, as far as my reasoning goes, I say that, if you deprive it of one single power contained in it, it will be "vox et præterea nihil." Those who are to go to Congress will be the servants of the people. They are created and deputed by us, and removable by us. Is there a greater security than this in our state government? To fortify this security, is there not a constitutional remedy in the government, to reform any errors which shall be found inconvenient? Although the honorable gentleman has dwelt so long upon it, he has not made it appear otherwise. The Confederation can neither render us happy at home nor respectable abroad. I conceive this system will