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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 2173

Arms-Must be cautious to listen to Jealousy-Liberty is put to the
hazard- [Gilbert Livingston, Notes, NN]
HAMILTON. 1st. our powers-agreed that the Constitution, was ad-
visory-suppose the Constitution advice, we must refer to the instru-
ment-it is impossible that the Conven [tio]n or the people shd. have
had in view, such alterations-because until they had assented, there
was no body to submit amendments to-there being no common body
to determine-
therefore it must of necessity [have] been their view that we shd.
alter, as the Legisl. could not [have] known 9 States
how to know, whether the Counties would chuse, if we had not ex-
pected to agree to reject-
It does not follow because a Legisl. may forbear to exercise a power,
therefore that they may abdicate-
Laws ought to be general, and not to extend to a part-
may except against a power, in cases of disstress-but does not ap-
ply-a Governmt.
The Legislature may to promote the publick good, pledge funds,
grant immunities-
Congress may submit them to the assent of %-this takes away the
right of judging-cannot do this-
Or else must wait for 9 States-this a contingency- [Melancton
Smith, Notes, NN]
JOHN LANSING, JR. we have supposed that it would come to this-we
could not suppose a conviction could now be brought. [Gilbert Living-
ston, Notes, NN]
JOHN JAY. suggests-the latter questn. postpones the former-both
propositions mean an adoption- [Gilbert Livingston, Notes, NN]
MELANCTON SMITH agrees-in sentiment- [Gilbert Livingston,
Notes, NN]
MATTHEW ADGATE.3 the questn. & arguments repeated-Congs. have
exceeded their powers- [Gilbert Livingston, Notes, NN]
GILBERT LIVINGSTON. thinks there is weight in some arguments
wishes to have the Matter postponed till tomorrow [Gilbert Livingston,
Notes, NN]

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