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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 2172
V. NEW YORK CONVENTION true it has been largely discussed-on Saturday said he supposed it would amount to a rejection- yet would suggest some Ideas- recappitulates the argts of Saturday- is willing to agree that the constitution was Advisory-it has now be- come obligatory by the will of the people, especially by the states which have adopted-what is advised- by the instrument-could the people in the difft states-which have agreed- admit of conditions-a condition on the one part-requires a power on the other part to consent-sup- pose 9 had not agreed to adopt-no power could assent-therefore the Legislature could not mean we should make conds-if all the states had made condns. they never could have been organized reflect on this & see wheather it is not conclusive-no questn. could ever have been taken on it-in the concurrent resolutions of this state-it is referred to have the papers submitted- if it is stated as the Gent. wishes-it must refer to Adopt or reject- these acts are an evidence of the thing intended-& nothing else can determine-the people did vary-& believed the Northern countys did wish amendts. but can we be bound by this-in N Y. they knew a Consn. was to be submitted-but not to be altered for this we are not met-only to consider from the Acts-we have no binding power be- yond these-we may recommend- New terms do not amount to our adoption-Congs. cannot abridge their powers-nor extend a Legislative authority-cannot put it out of their power to obviate their power-or suspend their Judgt- Gent. have taken latitude, in stating cases-the Legislative power must be exercised uniformly tho particular cases may happen, as to particular cases- [for?] exemptions- the Legislature to produce the public good may pledge funds-to borrow money-and [thus?] lay aside genl. powers in this instance- Gent state the questn. wrong, that congs only lay aside the power for a time-but to do this congs. must lay aside their powers and conclude to submit this right of Judging-it is not tenable to admit this right- Congs. have no authority to propose a Convention-but must wait for nine states to make the proposition to them- this will lead every man who wishes an adoption into a snare-tho' they do not intend it-congs. cannot adopt it-if these arguments are not sufficient-to convince-must abandon the maxim, "that there is force in truth"- wishes Gent. would not call for the questn-but retire & consider- No pride of Opinion-ought to weigh-Genl Good ought to influ- ence-would not for the world loose this glorious oppertunity of es- tablishing a free government-would not wish to put it to the risk of 2172
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