historicaldocuments:anti-federalist:antifed45
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+ | ====== ANTI-FEDERALIST No. 45 ====== | ||
+ | ===== Powers Of National Government Dangerous To State Governments; | ||
+ | ---- | ||
+ | Robert Yates, a delegate to the 1787 convention from New York, left on July 10, 1787. He became an Anti-Federalist leader. Under the nome de plume " | ||
+ | ---- | ||
+ | TO THE CITIZENS OF THE STATE OF NEW YORK. | ||
+ | |||
+ | Although a variety of objections to the proposed new constitution for the government of the United States have been laid before the public by men of the best abilities, I am led to believe that representing it in a point of view which has escaped their observation may be of use, that is, by comparing it with the constitution of the State of New York. | ||
+ | |||
+ | The following contrast is therefore submitted to the public, to show in what instances the powers of the state government will be either totally or partially absorbed, and enable us to determine whether the remaining powers will, from those kind of pillars, be capable of supporting the mutilated fabric of a government which even the advocates for the new constitution admit excels "the boasted models of Greece or Rome, and those of all other nations, in having precisely marked out the power of the government and the rights of the people. " | ||
+ | |||
+ | It may be proper to premise that the pressure of necessity and distress (and not corruption) had a principal tendency to induce the adoption of the state constitutions and the existing confederation; | ||
+ | |||
+ | The state governments are considered in . . . [the new constitution] as mere dependencies, | ||
+ | |||
+ | 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, | ||
+ | |||
+ | 1 & 37 | ||
+ | |||
+ | The 1st " | ||
+ | |||
+ | 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. " | ||
+ | |||
+ | . . . What have we reasonably to expect will be their conduct [i. e. , the new national government] when possessed of the powers "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes," | ||
+ | |||
+ | It is . . . 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, | ||
+ | |||
+ | The 2nd 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 3rd 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 9th 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 12th provides "that the senate shall, in like manner, be judges of their own members," | ||
+ | |||
+ | The 31st describes even the style of laws - that the style of alt laws shall be as follows: "Be it enacted by the people of the state of New York represented in senate and assembly," | ||
+ | |||
+ | 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 representatives," | ||
+ | |||
+ | Those who are full of faith, suppose that the words "in pursuance thereof" | ||
+ | |||
+ | . . . . To conclude my observation on this head, it appears to me as impossible that these powers in the state constitution and those in the general government can exist and operate together, as it would be for a man to serve two masters whose interests clash, and secure the approbation of both. Can there at the same time and place be and operate two supreme legislatures, | ||
+ | |||
+ | If this guarantee had remained, as it was first reported by the committee of the whole house, to wit, "that a republican constitution, | ||
+ | |||
+ | 13, 35, 41 | ||
+ | |||
+ | By the 13th paragraph "no member of this State shall be disfranchised, | ||
+ | |||
+ | The 35th adopts, under certain exceptions and modifications, | ||
+ | |||
+ | The 41st provides "that the trial by jury remain inviolate forever; that no acts of attainder shall be passed by the legislature of this State for crimes other than those committed before the termination of the present war. And that the legislature shall at no time hereafter institute any new courts but such as shall proceed according to the course of the common law. | ||
+ | |||
+ | There can be no doubt that if the new government be adopted in all its latitude, every one of these paragraphs will become a dead letter. Nor will it solve any difficulties, | ||
+ | |||
+ | 17, 18, 19, 20, 21, 27, 40 | ||
+ | |||
+ | The 17th orders "That the supreme executive power and authority of this State shall be vested in a governor. " | ||
+ | |||
+ | By the 18th he is commander-in-chief of the militia and admiral of the navy of the State; may grant pardons to all persons convicted of crimes; he may suspend the execution of the sentence in treason or murder. | ||
+ | |||
+ | By the 19th paragraph he is to see that the laws and resolutions of the legislature be faithfully executed. | ||
+ | |||
+ | The 20th and 21st paragraphs give the lieutenant-governor, | ||
+ | |||
+ | By the 27th he [the Governor] is president of the council of appointment, | ||
+ | |||
+ | The 40th paragraph orders that the militia at all times, both in peace and war, shall be armed and disciplined, | ||
+ | |||
+ | Whoever considers the following powers vested in the [national] government, and compares them with the above, must readily perceive they are either all enervated or annihilated. | ||
+ | |||
+ | By the 1st art. , 8th sec. , 15th, 16th and 17th clauses, Congress will be empowered to call forth the militia to execute the laws of the union, suppress insurrections and repel invasions; to provide for organizing, arming and disciplining the militia, for the governing such part of them as may be employed in the service of the United States, and for the erection of forts, magazines, etc. | ||
+ | |||
+ | And by the 2nd art. , 2nd sec. , "The president shall be commander-in-chief of the army and navy of the United States, and of the militia of the several States when called into actual service of the United States. . . . except in cases of impeachment. " | ||
+ | |||
+ | And by the 6th art. , "The members of the several state legislatures, | ||
+ | |||
+ | Can this oath be taken by those who have already taken one under the constitution of this state? . . . From these powers lodged in Congress and the powers vested in the states, it is clear that there must be a government within a government; two legislative, | ||
+ | |||
+ | 42 | ||
+ | |||
+ | This paragraph provides "that it shalt be in the discretion of the legislature to naturalize all such persons and in such manner as they shall think proper. " | ||
+ | |||
+ | The 1st art. , 8th sec. , 4th clause, give to the new government power to establish a uniform rule of naturalization. And by the 4th art. , 2nd sec. , "the citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states," | ||
+ | |||
+ | From this contrast it appears that the general government, when completely organized, will absorb all those powers of the state which the framers of its constitution had declared should be only exercised by the representatives of the people of the state; that the burdens and expense of supporting a state establishment will be perpetuated; | ||
+ | |||
+ | In a word, the new constitution will prove finally to dissolve all the power of the several state legislatures, | ||
+ | |||
+ | SYDNEY. | ||
+ | |||
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historicaldocuments/anti-federalist/antifed45.txt · Last modified: 2021/02/23 16:15 by 127.0.0.1