Page:Debates in the Several State Conventions, v3.djvu/222

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DEBATES.
[Randolph.

stand this government. I am persuaded that they do not—not for the want of more time to understand it, but to correct the misrepresentations of it. When I meditated an opposition to previous amendments, I marked the number of what appeared to me to be errors, and which I wished to be subsequently removed. But its real errors have been exaggerated; it has not met with a fair decision. It must be candidly acknowledged that there are some evils in it which ought to be removed. But I am confident that such gross misrepresentations have been made of it, that, if carried before any intelligent men, they would wonder at such glaring attempts to mislead, or at such absolute misapprehension of the subject. Though it be not perfect, any government is better than the risk which gentlemen wish us to run.

Another construction he gives is, that it is exclusively in the power of Congress to arm the militia, and that the states could not do it if Congress thought proper to neglect it. I am astonished how this idea could enter into the gentleman's mind, whose acuteness no man doubts. How can this be fairly deduced from the following clause?—"To provide for the organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by Congress." He complains much of implication; but in this case he has made use of it himself, for his construction of this clause cannot possibly be supported without it. It is clear and self-evident that the pretended danger cannot result from the clause. Should Congress neglect to arm or discipline the militia, the states are fully possessed of the power of doing it; for they are restrained from it by no part of the Constitution.

The sweeping clause, as it is called, is much dreaded. I find that I differ from several gentlemen on this point. This formidable clause does not in the least increase the powers of Congress. It is only inserted for greater caution, and to prevent the possibility of encroaching upon the powers of Congress. No sophistry will be permitted to be used to explain away any of those powers; nor can they possibly assume any other power, but what is contained in the Constitution, without absolute usurpation. Another security is