le history of this spurious constitution
for the government of the United States, from its origin to the present
day, and the measures taken by Congress respecting the Indian affairs in
this state, are a series of violations of these paragraphs, and of the
13th article of the confederation.
It was a violation of the state constitution for the senate and assembly,
on the 19th of February, 1787, to instruct their members to move in
Congress for an act recommending a convention; and it was also a violation
of the 13th article of the confederation for Congress, on the 21st day
February, to recommend a convention to the several legislatures. It was a
further violation of the constitution of this state, by the senate and
assembly, on the 27th day of March, to join and to appoint delegates to
meet in convention, and it being done in that hasty, if not surreptitious
manner, by joint resolutions, when acts of the least consequence, even for
the yoking of hogs, require to be passed under the formalities of a law,
makes it more glaringly so.
It was an outrageous violation in the convention on the 17th of September,
1787, to attempt a consolidation of the union, and utterly destroy the
confederation and the sovereignty of particular states, when their powers
were restricted "to the sole and express purpose of revising and amending
the confederation."
It was again an infringement of the 13th article in the confederation, for
Congress, on the 28th of September, not to arrest and prevent its being
transmitted to the several legislatures; nor was the legislature of this
state less culpable, in the beginning of February, 1788, who, in the
course of three hours, took up and concluded the measure of calling a
convention without apprising their constituents of the danger.
It is notorious that the right of regulating Indian affairs, especially
with the five nations, has been in the colony of New York since the year
1664, and before that period, from the year 1614, whilst it was called New
Nederland under the Dutch. That by the confederation, although Congress
are invested with the power of regulating the trade and managing all
affairs with the Indians, that they are restricted to those Indians "not
members of any of the states, and a special proviso that the legislative
rights of any state within its own limits be not infringed or violated."
It therefore was a violation of the confederation and of the rights of the
state for the cong
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