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
While the convention, in 1776, was setting at Harlem, the outlines of a
constitution were handed about, to try, it was supposed, the temper of the
members, in which it was proposed to have a governor, lieutenant governor,
senate, and assembly; the qualification of the governor, lieutenant
governor, and senate, to be that each should possess real estate to the
value of 10,000 pounds, and to be elected by freeholders possessing
freeholds to the value of 1,000 pounds. Although this was not attended
with bad effects, yet the qualifications of the electors gave rise to
various arguments, and, among others, that as taxation and representation
ought to go together, so the right of electing shall be in proportion to
the value of each man’s estate. To exemplify this, a man of £100 estate
had one vote; a man of £1000 should have ten, and a man of ten thousand
pounds a hundred, and so on in the same ratio. Others on the contrary
supposed that there ought to be no other criterion than the age of
twenty-one, a citizen born and resident in this country; out of the two
extremes was produced the present system of election and qualification,
both admitted to be as secure and consistent rights as any that have been
contrived.
It is apprehended, from the duplicity in the wording of 1st art., 4th
sec., that seemingly to leave in the power of the respective legislatures
to regulate the elections, and still, that Congress may at any time by law
make or alter such regulations; and the undesigned wording of the sixth
article, that the constitution and laws of the United States which shall
be made in pursuance thereof shall be the law of the land, anything in the
constitution or laws of any State to the contrary notwithstanding, will
render the whole system ineffectual, if not nugatory, and a new system as
destructive to the liberties of the citizens as that of the ratio of
voices to the ratio of property introduced. Besides being liable to have
the whole State erected into one district, and consequently may give rise
to the inconveniences I mentioned before.
VII, SEC. 6; VIII, SEC. 6; IX, SEC. 6; X, SECTION 6; XI, SEC. 6; XII, SEC.
2, 6; XVI, SEC. 6; XIII, XXXV, XLI.
By the 13th paragraph “no member of this State shall be disfranchised, or
deprived of any of the rights or privileges secured to the subjects of the
State by this constitution, unless by the law of the land, or judgment of
its peers.”
The 35th adopts, under certain exceptions and modifications, the common
law of England, the statute law of England and Great Britain, and the acts
of the legislature of the colony, which together formed the law on the
19th of April, 1775.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account