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Elliot’s Debates: Volume 2

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Convention of New York

Friday July 11, 1788.

—Mr. JAY moved the following resolutions: —

Resolved, as the opinion of this committee, that the Constitution under consideration ought to be ratified by this Convention.

Resolved, further, as the opinion of this committee, that such parts of the said Constitution as may be thought doubtful ought to be explained, and that whatever amendment may be deemed useful, or expedient, ought to be recommended.”

Mr. JAY was supported by Mr. Chancellor Livingston and Mr. Chief Justice Morris, and opposed by Mr. Melancton Smith. The debates on this motion continued till Tuesday, the 15th of July; when Mr. SMITH moved, as an amendment, to add to the first resolution proposed by Mr. JAY, so that the same, when amended, should read as follows:—

Resolved, as the opinion of this committee, that the Constitution under consideration ought to be ratified by this Convention: upon condition, nevertheless, That until a convention shall be called and convened for proposing amendments to the said Constitution, the militia of this state will not be continued in service out of this state for a longer term than six weeks, without the consent of the legislature thereof: That the Congress will not make or alter any regulation in this state respecting the times, places, and manner of holding elections for senators or representatives, unless the legislature of this state should neglect or refuse to make laws or regulations for the purpose, or from any circumstance be incapable of making the same; and that, in those cases, such power will only be exercised until the legislature of this state shall make provision in the premises: That no excise will be imposed on any article of the growth, production, or manufacture of the United States, or any of them, within this state, ardent spirits excepted: And that Congress shall not lay direct taxes within this state, but when the moneys arising from the impost and excise shall be insufficient for the public exigencies; nor then, until Congress shall first have made a requisition upon this state, to assess, levy, and pay the amount of such requisition, made agreeably to the census fixed in the said Constitution, in such way and manner as the legislature of this state judge best; but in such case, if the state shall neglect or refuse to pay its proportion pursuant to such requisition, then the Congress may assess and levy this state’s proportion, together with interest at the rate of six per centum, per annum, from the time at which the same was required to be paid.”

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