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nual elections may be proper in our state governments, but not in the general government. The seat of government is at a considerable distance; and in case of a disputed election it would be so long before it could be settled, that the state would be totally without representation. There is another reason, still more cogent, to induce us to prefer biennial to annual elections. The objects of state legislation are narrow and confined, and a short time will render a man sufficiently acquainted with them; but those of the general government are infinitely more extensive, and require a much longer time to comprehend them. The representatives to the general government must be acquainted not only with the internal situation and circumstances of the United States, but also with the state of our commerce with foreign nations, and our relative situation to those nations. They must know the relative situation of those nations to one another, and be able to judge with which of them, and in what manner, our commerce should be regulated. These are good reasons to extend the time of elections to two years. I believe you remember, and perhaps every member here remembers, that this country was very happy under biennial elections. In North Carolina, the representatives were formerly chosen by ballot biennially. It was changed under the royal government, and the mode pointed out by the king. Notwithstanding the contest for annual elections, perhaps biennial elections would still be better for this country. Our laws would certainly be less fluctuating.

Mr. SHEPPERD observed, that he could see no propriety in the friends of the new system making objections, when none were urged by its opposers; that it was very uncommon for a man to make objections and answer them himself; and that it would take an immense time to mention every objection which had been mentioned in the

country.

Mr. MACLAINE. It is determined already by the Convention to debate the Constitution section by section. Are we then to read it only? Suppose the whole of it is to be passed over without saying any thing; will not that amount to a dead vote? Sir, I am a member of this Convention; and if objections are made here, I will answer them to the best of my ability. If I see gentlemen pass by in silence such parts as they vehemently decry out of doors, or such

parts as have been loudly complained of in the country, I shall answer them also.

After some desultory conversation, Mr. WILLIE JONES observed, that he would easily put the friends of the Constitution in a way of discussing it. Let one of them, said he, make objections and another answer them.

Mr. DAVIE. Mr. Chairman, I hope that reflections of à personal nature will be avoided as much as possible. What is there in this business should make us jealous of each other? We are all come hither to serve one common cause of one country. Let us go about it openly and amicably. There is no necessity for the employment of underhanded means. Let every objection be made. Let us examine the plan of government submitted to us thoroughly. Let us deal with each other with candor. I am sorry to see so much impatience so early in the business.

Mr. SHEPPERD answered, that he spoke only because he was averse to unnecessary delays, and that he had no finesse or design at all.

Mr. RUTHERFORD wished the system to be thoroughly discussed. He hoped that he should be excused in making a few observations, in the Convention, after the committee rose, and that he trusted gentlemen would make no reflections.

Mr. BLOODWORTH declared, that every gentleman had a right to make objections in both cases, and that he was sorry to hear reflections made.

Mr. GOUDY. Mr. Chairman, this clause of taxation will give an advantage to some states over the others. It will be oppressive to the Southern States. Taxes are equal to our representation. To augment our taxes, and increase our burdens, our negroes are to be represented. If a state has fifty thousand negroes, she is to send one representative for them. I wish not to be represented with negroes, especially if it increases my burdens.

Mr. DAVIE. Mr. Chairman, I will endeavor to obviate what the gentleman last up said. I wonder to see gentlemen so precipitate and hasty on a subject of such awful importance. It ought to be considered, that some of us are slow of apprehension, or not having those quick conceptions, and luminous understandings, of which other gentlemen may be possessed. The gentleman "does not wish to be

repre

sented with negroes." This, sir, is an unhappy species of population; but we cannot at present alter their situation. The Eastern States had great jealousies on this subject. They insisted that their cows and horses were equally entitled to representation; that the one was property as well as the other. It became our duty, on the other hand, to acquire as much weight as possible in the legislation of the Union; and, as the Northern States were more populous in whites, this only could be done by insisting that a certain proportion of our slaves should make a part of the computed population. It was attempted to form a rule of representation from a compound ratio of wealth and population; but, on consideration, it was found impracticable to determine the comparative value of lands, and other property, in so extensive a territory, with any degree of accuracy; and population alone was adopted as the only practicable rule or criterion of representation. It was urged by the deputies of the Eastern States, that a representation of two fifths would be of little utility, and that their entire representation would be unequal and burdensome-that, in a time of war, slaves rendered a country more vulnerable, while its defence devolved upon its free inhabitants. On the other hand, we insisted that, in time of peace, they contributed, by their labor, to the general wealth, as well as other members of the community that, as rational beings, they had a right of representation, and, in some instances, might be highly useful in war. On these principles the Eastern States gave the matter up, and consented to the regulation as it has been read. I hope these reasons will appear satisfactory. It is the same rule or principle which was proposed some years ago by Congress, and assented to by twelve of the states. It may wound the delicacy of the gentleman from Guilford, (Mr. Goudy,) but I hope he will endeavor to accommodate his feelings to the interest and circumstances of his country.

Mr. JAMES GALLOWAY said, that he did not object to the representation of negroes, so much as he did to the fewness of the number of representatives. He was surprised how we came to have but five, including those intended to represent negroes. That, in his humble opinion, North Carolina was entitled to that number independent of the

negroes.

Mr. SPAIGHT endeavored to satisfy him, that the Con

vention had no rule to go by in this case that they could not proceed upon the ratio mentioned in the Constitution till the enumeration of the people was made that some states had made a return to Congress of their numbers, and others had not-that it was mentioned that we had had time, but made no return—that the present number was only temporary- that in three years the actual census would be taken, and our number of representatives regulated accordingly.

His excellency, Gov. JOHNSTON, was perfectly satisfied with the temporary number. He said that it could not militate against the people of North Carolina, because they paid in proportion; that no great inconvenience could. happen, in three years, from their paying less than their full proportion; that they were not very flush of money, and that he hoped for better times in the course of three The rest of the 2d section read.

years.

Mr. JOSEPH TAYLOR objected to the provision made for impeaching. He urged that there could be no security from it, as the persons accused were triable by the Senate, who were a part of the legislature themselves; that, while men were fallible, the senators were liable to errors, especially in a case where they were concerned themselves.

Mr. IREDELL. Mr. Chairman, I was going to observe that this clause, vesting the power of impeachment in the House of Representatives, is one of the greatest securities for a due execution of all public offices. Every government requires it. Every man ought to be amenable for his conduct, and there are no persons so proper to complain of the public officers as the representatives of the people at large. The representatives of the people know the feelings of the people at large, and will be ready enough to make complaints. If this power were not provided, the consequences might be fatal. It will be not only the means of punishing misconduct, but it will prevent misconduct. A man in public office who knows that there is no tribunal to punish him, may be ready to deviate from his duty; but if he knows there is a tribunal for that purpose, although he may be a man of no principle, the very terror of punishment will perhaps deter him. I beg leave to mention that every man has a right to express his opinion, and point out any part of the Constitution which he either thinks defective, or has heard

represented to be so. What will be the consequence if they who have objections do not think proper to communicate them, and they are not to be mentioned by others? Many gentlemen have read many objections, which perhaps have made impressions on their minds, though they are not communicated to us. I therefore apprehend that the member was perfectly regular in mentioning the objections made out of doors. Such objections may operate upon the minds of gentlemen, who, not being used to convey their ideas in public, conceal them out of diffidence.

Mr. BLOODWORTH wished to be informed, whether this sole power of impeachment, given to the House of Representatives, deprived the state of the power of impeaching any of its members.

Mr. SPAIGHT answered, that this impeachment extended only to the officers of the United States-that it would be improper if the same body that impeached had the power of trying-that, therefore, the Constitution had wisely given the power of impeachment to the House of Representatives, and that of trying impeachments to the Senate.

Mr. JOSEPH TAYLOR. Mr. Chairman, the objection is very strong. If there be but one body to try, where are we? If any tyranny or oppression should arise, how are those who perpetrated such oppression to be tried and punished? By a tribunal consisting of the very men who assist in such tyranny. Can any tribunal be found, in any community, who will give judgment against their own actions? Is it the nature of man to decide against himself? I am obliged to the worthy member from New Hanover for assisting me with objections. None can impeach but the representatives; and the impeachments are to be determined by the senators, who are one of the branches of power which we dread under this Constitution.

His excellency, Gov. JOHNSTON. Mr. Chairman, the worthy member from Granville surprises me by his objection. It has been explained by another member, that only officers of the United States were impeachable. I never knew any instance of a man being impeached for a legislative act; nay, I never heard it suggested before. No member of the House of Commons, in England, has ever been impeached before the Lords, nor any lord, for a legislative misdemeanor. A

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