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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

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

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