Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
History
Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
Constitutional history -- United States -- Sources; United States. Constitution
United States, who reside to the southward of the Ohio; and the northern,
which shall comprehend all the nations within the said territory, and
westward, not of lake Ontario, but of Hudson’s river; that a
superintendent for the northern districts shall have authority to appoint
two deputies to reside in such places as shall best facilitate the
regulation of the Indian trade; that no person, citizen or other, under
the penalty of five hundred dollars, shall reside among or trade with any
Indian or Indian nations within the territory of the United States,
without a licence for that purpose first obtained from the superintendent
of the district, or of one of the deputies, who is hereby directed to give
such licence to every person who shall produce from the supreme executive
of any state a certificate under the seal of the state, that he is of good
character and suitably qualified and provided for that employment, for
which licence he shall pay for one year the sum of fifty dollars to the
said superintendent for the use of the United States.” If this was the
conduct of Congress and their officers, when possessed of powers which
were declared by them to be insufficient for the purposes of government,
what have we reasonably to expect will be their conduct when possessed of
the powers “to regulate commerce with foreign nations, and among the
several states, and with the Indian tribes,” when they are armed with
legislative, executive and judicial powers, and their laws the supreme
laws of the land—and when the states are prohibited, without the consent
of Congress, to lay any “imposts or duties on imports,” and if they do
they shall be for the use of the treasury of the 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.”
Public-domain text, read in full here on John Shaqi.
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