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election they would either choose such men as would alter the law, or they would resist the government. An enlightened people will never suffer what was established for their security to be perverted to an act of tyranny. It may be said, perhaps, that resistance would then become vain; Congress are vested with the power of raising an army; to which say, that if ever Congress shall have an army sufficient for their purpose, and disposed to execute their unlawful commands, before they would act under this disguise, they would pull off the mask, and declare themselves absolute. I ask, Mr. Chairman, is it a novelty in our government? Has not our state legislature the power of fixing the time, places, and manner of holding elections? The possible abuse here complained of never can happen as long as the people of the United States are virtuous. As long as they continue to have sentiments of freedom and independence, should the Congress be wicked enough to harbor so absurd an idea as this objection supposes, the people will defeat their attempt by choosing other representatives, who will alter the law. If the state legislature, by accident, design, or any other cause, would not appoint a place for holding elections, then there might be no election till the time was past for which they were to have been chosen; and as this would eventually put an end to the Union, it ought to be guarded against; and it could only be guarded against by giving this discretionary power, to the Congress, of altering the time, place, and manner of holding the elections. It is absurd to think that Congress will exert this power, or change the time, place, and manner established by the states, if the states will regulate them properly, or so as not to defeat the purposes of the Union. It is urged that the state legislature ought to be fully and exclusively possessed of this power. Were this the case, it might certainly defeat the government. As the powers vested by this plan in Congress are taken from the state legislatures, they would be prompted to throw every obstacle in the way of the general government. It was then necessary that Congress should have this power.

Another strong argument for the necessity of this power is, that, if it was left solely to the states, there might have been as many times of choosing as there are states. States having solely the power of altering or establishing the time of election, it might happen that there should be no Congress. Not

only by omitting to fix a time, but also by the elections in the states being at thirteen different times, such intervals might elapse between the first and last election, as to prevent there being a sufficient number to form a house; and this might happen at a time when the most urgent business rendered their session necessary; and by this power, this great part of the representation will be always kept full, which will be a security for a due attention to the interest of the community; and also the power of Congress to make the times of elections uniform in all the states, will destroy the continuance of any cabal, as the. whole body of representatives will go out of office at once.

I come now, sir, to consider that part of the Constitution which fixes the number of representatives. It is first necessary for us to establish what the number of representatives is to be. At present it only consists of sixty-five; but let us consider that it is only to continue at that number till the actual enumeration shall be made, which is to be within three years after the first meeting of Congress; and that the number of representatives will be ascertained, and the proportion of taxes fixed, within every subsequent term of ten years. Till this enumeration be made, Congress will have no power to lay direct taxes: as there is no provision for this purpose, Congress cannot impose it; as direct taxation and representation are to be regulated by the enumeration there directed, therefore they have no power of laying direct taxes till the enumeration be actually made. I conceive no apportionment can be made before this enumeration, there being no certain data to go on. When the enumeration shall be made, what will be the consequence? I conceive there will be always one for every thirty thousand. Many reasons concur to lead me to this conclusion. By the Constitution, the allotment now made will only continue till the enumeration be made; and as a new enumeration will take place every ten years, I take it for granted that the number of representatives will be increased, according to the progressive increase of population, at every respective enumeration; and one for every thirty thousand will amount to one hundred representatives, if we compute the number of inhabitants to be only three millions in the United States, which is a very moderate calculation. The first intention was only to have one for every forty thousand, which was afterwards estimated to be too few, and, according to this proportion, the present tem

porary number is fixed; but as it now stands, we readily see that the proportion of representatives is sufficiently numerous to answer every purpose of federal legislation, and even soon to gratify those who wish for the greatest number. I take it that the number of representatives will be proportioned to the highest number we are entitled to; and that it never will be less than one for every thirty thousand. thirty thousand. I formed this conclusion from the situation of those who will be our representatives. They are all chosen for two years; at the end of which term they are to depend on the people for their reëlection. This dependence will lead them to a due and faithful discharge of their duty to their constituents: the augmentation of their number will conciliate the affections of the people at large; for the more the representatives increase in number, the greater the influence of the people in the government, and the greater the chance of reëlection to the representatives.

But it has been said, that the Senate will not agree to any augmentation of the number of representatives. The Constitution will entitle the House of Representatives to demand it. Would the Senate venture to stand out against them? I think they would not, sir. Were they ready to recede from the evident sense of the Constitution, and grasp at power not thereby given them, they would be compelled to desist. But, that I may not be charged with urging suppositions, let us see what ground this stands upon, and whether there be any real danger to be apprehended. The first objection that I shall consider is, that, by paucity of numbers, they will be more liable to depart from their duty, and more subject to influence. I apprehend that the fewer the number of representatives, the freer the choice, and the greater the number of electors, the less liable to the unworthy acts of the candidates will they be; and thus their suffrage, being free, will probably fall on men of the most merit. The practice of that country, which is situated more like America than any other country in the world, will justify this supposition. The British House of Commons consists, I believe, of five hundred and fifty-eight members; yet the greater number of these are supposed to be under the undue influence of the crown. A single fact from the British history illustrates these observations,- viz., that there is scarcely an instance, for a century past, of the crown's exercising its undoubted prerogative of rejecting a bil! sent up to it by the

two houses of Parliament: it is no answer to say, that the king's influence is sufficient to prevent any obnoxious bills passing the two houses; there are many instances, in that period, not only of bills passing the two houses, but even receiving the royal assent, contrary to the private wish and inclination of the prince.

It is objected, however, as a defect in the Constitution, that it does not prohibit the House of Representatives from giving their powers, particularly that respecting the support &c., of armies, out of their hands for a longer term than two years. Here, I think, the enemies to the plan reason unfairly; they first suppose that Congress, from a love of power natural to all, will, in general, abuse that with which they are invested; and then they would make us apprehend that the House of Representatives, notwithstanding their love of power, (and it must be supposed as great in a branch of Congress as in the whole,) will give out of their hands the only check which can insure to them the continuance of the participation of the powers lodged in Congress in general. In England, there is no restraint of this kind on the Parliament; and yet there is no instance of a money bill being passed for a longer term than one year; the proposed plan, therefore, when it declares that no appropriation for the support of an army shall be made for a longer term than two years, introduces a check unknown to the English constitution, and one which will be found very powerful when we reflect that, if the House of Representatives could be prevailed on to make an appropriation for an army for two years, at the end of that time there will be a new choice of representatives. Thus I insist that security does not depend on the number of representatives: the experience of that country also shows that many of their counties and cities. contain a greater number of souls than will be entitled to a representation in America; and yet the representatives chosen in those places have been the most strenuous advocates of liberty, and have exerted themselves in the defence of it, even in opposition to those chosen by much smaller numbers. Many of the senatorial districts in Virginia also contain a greater number of souls; and yet I suppose no gentleman within these walls will pay the senators chosen by them so poor a compliment as to attribute less wisdom and virtue to them than to the delegates chosen from single

counties; and as there is greater probability that the electors in a large district will be more independent, so I think the representatives chosen in such districts will be more so too; for those who have sold themselves to their representatives will have no right to complain, if they, in their turn, barter away their rights and liberties; but those who have not themselves been bought, will never consent to be sold. Another objection made to the small number of representatives, is, that, admitting they were sufficient to secure their integrity, yet they cannot be acquainted with the local situation and circumstances.of their constituents. When we attend to the object of their jurisdiction, we find this objection insupportable. Congress will superintend the great national interests of the Union. Local concerns are left to the state legislatures. When the members compare and communicate to one another their knowledge of their respective districts and states, their collective intelligence will sufficiently enable them to perform the objects of their cognizance. They cannot extend their influence or agency to any objects but those of a general nature; the representatives will, therefore, be sufficiently acquainted with the interests of their states, although chosen by large districts. As long as the people remain virtuous and uncorrupted, so long, we may fairly conclude, will their representatives, even at their present number, guard their interests, and discharge their duty with fidelity and zeal: when they become otherwise, no government can possibly secure their freedom.

I now consider the time of their continuance in office. A short continuance in office, and a return of the officers to the mass of the people, there to depend solely on their former good conduct for their reëlection, is of the highest security to public liberty. Let the power of the persons elected be what it may, they are only the trustees, and not the masters, of the people; yet the time ought not to be so short that they could not discharge their duty with ability. Considering this, a term of two years is short enough in this case. Many will have a considerable distance to travel from the places of their abode to the seat of the general government. They must take time to consider the situation of the Union, make themselves acquainted with the circumstances of our finances, and the relative situation of, and our connections with, foreign nations, and a variety of other objects of im