Page:Debates in the Several State Conventions, v4.djvu/81

.] Mr. CALDWELL observed, that whatever nominal powers the British Parliament might possess, yet they had infringed the liberty of the people in the most flagrant manner, by giving themselves power to continue four years in Parliament longer than they had been elected for—that though they were only chosen for three years by their constituents, yet they passed an act that representatives should, for the future, be chosen for seven years—that this Constitution would have a dangerous tendency—that this clause would enable them to prolong their continuance in office as long as they pleased—and that, if a constitution was not agreeable to the people, its operation could not be happy.

Gov. JOHNSTON replied, that the act to which allusion was made by the gentleman was not unconstitutional; but that, if Congress were to pass an act prolonging the terms of elections of senators or representatives, it would be clearly unconstitutional.

Mr. MACLAINE observed, that the act of Parliament referred to was passed on urgent necessity, when George I. ascended the throne, to prevent the Papists from getting into Parliament; for parties ran so high at that time, that Papists enough might have got in to destroy the act of settlement which excluded the Roman Catholics from the succession to the throne.

Mr. SPENCER. The gentleman from Halifax said, that the reason of this clause was, that some states might be refractory. I profess that, in my opinion, the circumstances of Rhode Island do not appear to apply. I cannot conceive the particular cause why Rhode Island should not send representatives to Congress. If they were united in one government, is it presumed that they would waive the right of representation? I have not the least reason to doubt they would make use of the privilege. With respect to the construction that the worthy member put upon the clause, were that construction established, I would be satisfied; but it is susceptible of a different explanation. They may alter the mode of election so as to deprive the people of the right of choosing. I wish to have it expressed in a more explicit manner.

Mr. DAVIE. Mr. Chairman, the gentleman has certainly misconceived the matter, when he says "that the circumstances of Rhode Island do not apply." It is a fact well 9