Page:Debates in the Several State Conventions, v2.djvu/45

This page has been proofread, but needs to be validated.
Jarvis.]
MASSACHUSETTS.
29

this state, Mr. President, are now chosen by a small number of electors; and it is likely we shall grow equally negligent of our federal elections ; or, sir, a state may refuse to send to Congress its representatives, as Rhode Island has done. Thus we see its necessity.

To say that the power may be abused, is saying what will apply to all power. The federal representatives will represent the people; they will be the people; and it is not probable they will abuse themselves. Mr. J. concluded with repeating, that the arguments against this power could be urged against any power whatever.

Dr. JARVIS. Many gentlemen have inferred from the right of regulating elections, by the 4th section, being invested in the federal head, that the powers of wresting this essential privilege from the people would be equally delegated. But it appeared to him, he said, that there is a very material distinction in the two cases; for, however possible it may be that this controlling authority may be abused, it by no means followed that Congress, in any situation, could strip the people of their right to a direct representation. If he could believe in this, he should readily join in sentiment with gentlemen on the other side of the house, that this section alone would be a sufficient objection to the Constitution itself. The right of election, founded on the principle of equality, was, he said, the basis on which the whole superstructure was erected ; this right was inherent in the people; it was unalienable in its nature, and it could not be destroyed without presuming a power to subvert the Constitution, of which this was the principal ; and by recurring to the 2d section, it would appear that "representatives and direct taxes shall be apportioned among the several states according to their respective numbers;" it equally appeared that 30,000 inhabitants were entitled to send a representative, and that wherever this number was found, they would have a right to be represented in the federal legislature. If it was argued that Congress might abuse their power, and, by varying the places of election, distress the people, it could only be observed, that such a wanton abuse could not be supposed; but, if it could go to the annihilation of the right, he contended the people would not submit. He considered the Constitution as an elective democracy, in which the sovereignty still rested in the people, and he by no means could