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
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