FREE BOOKS

Author's List




PREV.   NEXT  
|<   201   202   203   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225  
226   227   228   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   >>   >|  
fety and happiness," and as such, the constitution to be formed would operate as a bill of rights. These and the like considerations operated to induce the convention of New York to dismiss the idea of a bill of rights, and the more especially as the legislative state officers being elected by the people at short periods, and thereby rendered from time to time liable to be displaced in case of mal-conduct. But these reasons will not apply to the general government, because it will appear in the sequel that the state governments are considered in it as mere dependencies, existing solely by its toleration, and possessing powers of which they may be deprived whenever the general government is disposed so to do. If then the powers of the state governments are to be totally absorbed, in which all agree, and only differ as to the mode, whether it will be effected by a rapid progression, or by as certain, but slower, operations: what is to limit the oppression of the general government? Where are the rights, which are declared to be incapable of violation? And what security have people against the wanton oppression of unprincipled governors? No constitutional redress is pointed out, and no express declaration is contained in it, to limit the boundaries of their rulers; beside which the mode and period of their being elected tends to take away their responsibility to the people over whom they may, by the power of the purse and the sword, domineer at discretion; nor is there a power on earth to tell them, What dost thou? or, Why dost thou so? I shall now proceed to compare the constitution of the state of New York with the proposed federal government, distinguishing the paragraphs in the former, which are rendered nugatory by the latter; those which are in a great measure enervated, and such as are in the discretion of the general government to permit or not. The 1st and 37th paragraphs of the constitution of the state of New York. The 1st "Ordains, determines, and declares that no authority shall on any pretence whatever be exercised over the people or members of this State, but such as shall be derived from and granted by them." The 37th, "That no purchases or contracts for the sale of lands with or of the Indians within the limits of this state, shall be binding on the Indians, or deemed valid, unless made under the authority and with the consent of the legislature of this state." I beg here to observe that the who
PREV.   NEXT  
|<   201   202   203   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225  
226   227   228   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   >>   >|  



Top keywords:
government
 

general

 

people

 

constitution

 

rights

 

powers

 

governments

 

paragraphs

 

Indians

 
authority

oppression

 

discretion

 

rendered

 

elected

 

federal

 

distinguishing

 

proposed

 
nugatory
 
measure
 
enervated

permit

 

compare

 

domineer

 

operated

 

considerations

 

induce

 

convention

 

dismiss

 
proceed
 

Ordains


binding
 
deemed
 

limits

 
observe
 
legislature
 
consent
 

contracts

 

formed

 
pretence
 
declares

determines
 

exercised

 

granted

 
purchases
 
derived
 

members

 

happiness

 

operate

 

disposed

 

liable