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
By the 3d art., 3d sec., it is defined what shall be treason, the proof
required, the punishment, and how the judgment in attainder shall operate.
XXXIII, SEC. 32; XXXIV, SEC. 32; XXXV, SEC. 13; XXXVII, SEC. 1; XXXVIII,
XXXIX.
The 38th paragraph provides “that the free exercise and enjoyment of
religious procession and worship, without discrimination or preference,
shall forever hereafter be allowed within this State to all mankind,
provided that the liberty of conscience hereby granted shall not excuse
acts of licentiousness or justify practices inconsistent with the peace or
safety of the State.”
The 39th provides that “no minister of the gospel, or priest of any
denomination whatsoever, shall at any time hereafter, under any pretence
or description whatever, be eligible to or capable of holding any civil or
military office or place within this state.”
The first of those articles protects us from persecution in religious
matters. The other excludes the clergy from enjoying any office, civil or
military. Two provisions passed by in silence by the framers of the new
constitution; and although possibly the leaders in both have been equally
averse to a democratic system, and have had the same object, the ruin of
state government, in view.
XLII.
This paragraph provides “that it shall be in the discretion of the
legislature to naturalize all such persons and in such manner as they
shall think proper.”
The 1st art., 8 sec., 4th clause, give to the new government power to
establish a uniform rule of naturalization.
And by the 4th art., 2d sec., “the citizens of each state shall be
entitled to all the privileges and immunities of citizens in the several
states,” whereby the clause is rendered entirely nugatory.
From this contrast it appears that the general government, when compleatly
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 burthens and expence
of supporting a state establishment will be perpetuated; but its
operations to ensure or contribute to any essential measures promotive of
the happiness of the people may be totally prostrated, the general
government arrogating to itself the right of interfering in the most
minute objects of internal police, and the most trifling domestic concerns
of every state, by possessing a power of passing laws “to provide for the
general welfare of the United States,” which may affect life, liberty and
property in every modification they may think expedient, unchecked by
cautionary reservations, and unrestrained by a declaration of any of those
rights which the wisdom and prudence of America in the year 1776 held
ought to be at all events protected from violation.
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