Jenks' Portland gazette. [volume] (Portland, Me.) 1803-1805, 1804-02-04


mendment of the Ccntitution delivered ia TIC Houle
Of Representatives. Dec q 1903.
Mr.. Speaker, my principal Object in
IriGng upon this location is, TO examine
{fome of tholc ideas which were fuggeted
lby gentlemen of the majority in the courfe
1of yelterday's debate. But before at
txEpt that examination, beg leave TO
Gail the attention OF the Houfe for mo-
ment, to view Of the fubjsa which has
convinced my mind that the propoled
amendment cannot be adopted without
materially impairing the rights Of individ,
ual itates without in fact deItroyihg the
livery BATS Of the confederacy.
Under the firR confederation the ffates
fcompoGng the union were equal and in
dependent. They voted by aates. This
con!titution was adopted by itates acting
in their corporate capacity. They reln-
tquilhed certain important rights and the
United States by the contribution guaran.
teed to each fate the enjoyment Of other
rights as an equivalent. ybe one 4oas a
esslldsration FIR the ofter. The Rates, for
example, which held few or no ilaves.
eonfented TO relinquilh their right of equal
Representation in the Houle Of Repreien-
tatives & that thofe ftates which poflsGaed
4 watt number of flayes ihould be repre-
tented in Congrefs according to their
REFLECTIVE numbers, which ihail be deer
mined by adding to the whole number Of
freeperfons including thole bound 10 fer
vice for term of years, and excluding
Indians not taxed tbree5ftlbs Of ali okbsr
tperions." The number of electors of
Pre!ident and Vice-Prefident is increafed
in the fame proportion. Among other
things in return, the contribution eltabliih-
es a mode of eleeting the Prefident and
vice-Prefdent which gives to each fate a
flare in the election, and in determining
the number of electors, it has expreis re.
ference to fates in their corporate capaci-
(her Of elettors eddaf u nrannled
Iof Senators and Representatives to which
1.-The ftate may be entitled in the Congress.
liz provides that two pcrions fhall be voted
lfor without designating which is intended
jfor Prelident.. 1t further provides thai
:. if there ll1all be more than one" (pcr'
lfon) s..who have majority, and have az
|eoual number Of votes, then the Houle 0
Reprefentatives ihall Immediately chui'
lby ballot, one Of them for Preiident =
land if no perfon have a majority, tfel
from the Ave highef on the lift, the Ian
IHoufe fhaii in like manner chuie tn
|preGdent. But, in choofing the Preiiden'
1.-The votes fiall be taken BY Rates fbs rspr1
|isntation from each Rate baving one 9'o'e,
sSe. By this important article OF "a
lconAitution degree Of influence in Il
lchoice Of PRECEDENT and Vice Pretident
!, faa guaranteed to each fate, and 4
large ltates coniented that the fmall thou
lhave greater lharc Of votes in the chol
THAN they would have been entitled to
their population. 1t has been 10 clear
1s's itewn. indeed it is 70 evident, that I
ga lconititutional mode Of sleetionis calcui
ed TO guard the rights and il1terelts
leach Rate, but moi of all the tmall itat
that forbear to enlarge upon this POI
Ikis certain thai the l0r2er Js0fes acoald
lbavs guaranteed to The Jaau, rights 70
|porsaut, rights s0bieh abridged their q
GUS: posvsr m1tsrialiy, ,inlsjs tbsybzd rsesi0ss1
leduivaient. We cannot determine, y
certaiuty, that one of thele right was 70
a confederation for another, but It IS I
Client for this argument TO know that
ord. rigbf; Is Guaranteed sosre a eonadsratio,
;es~- fjoe reIinqulbed. 1t follows that al
'i"' . we may modify the forms Of the conf
~. !tion. in fuch manner as will OPP
r%'d equally upon all the fates, we can
'e0trs under this article providing loF S'''
zenac l.-.a ;nnraft new nfincinleS into