Page:Federalist, Dawson edition, 1863.djvu/739

From Wikisource
Jump to: navigation, search
This page has been validated.
The Fœderalist.

that the plan of the Convention contains no Bill of Rights. Among other answers given to this, it has been upon different occasions remarked, that the Constitutions of several of the States are in a similar predicament. I add, that New York is of the number. And yet the opposers of the new system, in this State, who profess an unlimited admiration for its Constitution, are among the most intemperate partisans of a Bill of Rights. To justify their zeal in this matter, they allege two things: one is, that though the Constitution of New York has no Bill of Rights prefixed to it, yet it contains, in the body of it, various provisions in favor of particular privileges and rights, which, in substance, amount to the same thing; the other is, that the Constitution adopts, in their full extent, the common and statute law of Great Britain, by which many other rights, not expressed in it, are equally secured.

To the first I answer, that the Constitution proposed by the Convention contains, as well as the Constitution of this State, a number of such provisions.

Independent of those which relate to the structure of the Government, we find the following:—Article 1, Section 3, Clause 7, "Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and punishment according to law." Section 9, of the same Article, Clause 2, "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." Clause 3, "No bill of attainder or ex post facto law shall be passed." Clause 7, "No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them, shall,