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Kaminski, John P.; Saladino, Gaspare J.; Leffler, Richard; Schoenleber, Charles H.; Hogan, Margaret A.; Reid, Jonathan M. (ed.) / Ratification of the Constitution by the states: New York (5)
23 (2009)

V. The New York Convention, 17 June-26 July 1788 (continued),   pp. 2169-2340


Page 2170

V. NEW YORK CONVENTION
MELANCTON SMITH. the Atty gives an Absolute conveyance & will give
& cut & bring all he wants-till the matter can be [referred?] - [Gil-
bert Livingston, Notes, NN]
JOHN JAY. insists he must have an absolute ight & not a Modified pri-
valedge- [Gilbert Livingston, Notes, NN]
RICHARD HARISON. wishes not to be too hasty on this import[an]t
matter-would have been happy if this was such a ratification as the
Congs could accept-would have been foremost in voting for it-powers
in Congs. & state Legislatures are a deposit of trust in their hand for
the public good-such the powers of the constitution therefore cannot
acceed to this proposition the powers of taxation, & Militia great &
important-is sd. these powers will not want to be exercised-yet they
may be in case of rebellion &ct & other cases which may happen-&
if this can possibly exist, we ought not to wish that congress-should
give them up-it ought not to be in the power of Congs to [increase?] or
abridge their powers, it is dangerous-it is said Govt May suspend their
powers-this contrary to the Law Maxim'-because if they can suspend
for one hour they may for 7 Years & so can increase or suspend their powers
AT WILL suppose the county of S [uffolk] was exempted for [20?] Years,
in good consn. Yet if a great flow of Wealth should Come in-would not
this change of circumstances make it wise & right to alter the law-
with respect to our own power-we can only reject-or adopt-what
evidence of the sense of their constituants-we can only look to the
resolution-asks to produce powers varying from the recommendn.
the circumstances we are in deserve considn. we have been told it has
been adopted from expedience not because it was good-the sever [a]l
states which have adop [te] d it, have by their cond [uc] t sd. it is safe-
& for the interest of the states to adopt it-does not say it is perfect-
yet when coolly discussed it is such that wise men would approve of.
Ten lessons to be had from other states-if wise men have made it we
ought to think so too-
Gent say we will adopt it-yet --- -] [cond?] does not believe they
mean it shall opperate condy.-but only to have it consd-
thinks he can shew we have as good chance by recomn as by Condn.
if a Majority want the amends we are sure of getting them-Suppose
there is not a majority for them-the Consn. may be assd. yet the
amends will not be made-import [an] t not to risk a loss of the
Union-extreme dangerous to induce congs. to violate the constitun.
2170


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