United States--and all
such laws subject to the revision and controul of Congress.
It is therefore evident that this state, by adopting the new government,
will enervate their legislative rights, and totally surrender into the
hands of Congress the management and regulation of the Indian trade to an
improper government, and the traders to be fleeced by iniquitous
impositions, operating at one and the same time as a monopoly and a
poll-tax. The deputy by the above ordinance, has a right to exact yearly
fifty dollars from every trader, which Congress may increase to any
amount, and give it all the operation of a monopoly; fifty dollars on a
cargo of 10,000 dollars' value will be inconsiderable, on a cargo of 1000
dollars burthensome, but on a cargo of 100 dollars will be intolerable,
and amount to a total prohibition, as to small adventurers.
II, III, IX, XII, AND XXXI.
The second paragraph provides "that the supreme legislative power within
this state shall be vested in two separate and distinct bodies of men, the
one to be called the assembly, and the other to be called the senate of
the state of New York, who together shall form the legislature."
The ninth provides "that the assembly shall be the judge of their own
members, and enjoy the same privileges, and proceed in doing business in
like manner as the assembly of the colony of New York of right formerly
did."
The twelfth paragraph provides "that the senate shall, in like manner, be
judges of their own members," etc.
The 31st describes even the stile of laws--that the stile of all laws shall
be as follows: "Be it enacted by the people of the state of New York
represented in senate and assembly," and that all writs and proceedings
shall run in the name of the people of the state of New York, and tested
in the name of the chancellor or the chief judge from whence they shall
issue.
The third provides against laws that may be hastily and inadvertently
passed, inconsistent with the spirit of the constitution and the public
good, and that "the governor, the chancellor and judges of the supreme
court, shall revise all bills about to be passed into laws, by the
legislature."
The powers vested in the legislature of this state by these paragraphs
will be weakened, for the proposed new government declares that "all
legislative powers therein granted shall be vested in a congress of the
United States, which shall consist of a senate and a house of
representat
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