The Journal of the Debates in the Convention which framed the Constitution of USA Volume II Part 38

The Journal of the Debates in the Convention which framed the Constitution of USA Volume II Part 38

Col: Mason thought the amendment would be not only improper but dangerous, as the Gen^l Legislature would not sit constantly and therefore could not interpose at the necessary moments. He enforced his objection by appealing to the necessity of sudden embargoes during the war, to prevent exports, particularly in the case of a blockade.

M^r Gov^r Morris considered the provision as unnecessary; the power of regulating trade between State & State already vested in the Gen^l Legislature, being sufficient.

On the question

N. H. no. Mas. ay. C^t no. N. J. no. P^a no. Del. ay. M^d no.

V^a no. N. C. no. S. C. ay. Geo. no.

M^r Madison moved that the words "nor lay imposts or duties on imports"

be transferred from art: XIII where the consent of the Gen^l Legislature may license the act--into art: XII which will make the prohibition of the States absolute. He observed that as the States interested in this power by which they could tax the imports of their neighbors pa.s.sing thro' their markets, were a majority, they could give the consent of the Legislature, to the injury of N. Jersey, N. Carolina &c.

M^r Williamson 2^{ded} the motion.

M^r Sherman thought the power might safely be left to the Legislature of the U. States.

Col: Mason observed that particular States might wish to encourage by impost duties certain manufactures for which they enjoyed natural advantages, as Virginia, the manufacture of Hemp &c.

M^r Madison. The encouragement of Manufactures in that mode requires duties not only on imports directly from foreign Countries, but from the other States in the Union, which would revive all the mischiefs experienced from the want of a Gen^l Government over commerce.[45]

[45] August 28, 1787, New York, Hamilton wrote to King: "I wrote to you some days since [August 20] to request you to inform me when there was a prospect of your finishing, as I intended to be with you, for certain reasons, before the conclusion.

"It is whispered here that some late changes in your scheme have taken place which give it a higher tone. Is this the case?"--King's _Life and Correspondence of Rufus King_, _I_, 258.

On the question

N. H. ay. Mas. no. C^t no. N. J. ay. P^a no. Del^a ay. M^d no.

V^a no. N. C. ay. S. C. no. Geo. no.

Art: XII as amended agreed to nem: con:

Art: XIII being taken up. M^r King moved to insert after the word "imports" the words "or exports," so as to prohibit the States from taxing either, & on this question it pa.s.sed in the affirmative.

N. H. ay. Mas. ay. C^t no. N. J. ay. P. ay. Del. ay. M^d no.

V^a no. N. C. ay. S. C. no. Geo. no.

M^r Sherman moved to add after the word "exports"--the words "nor with such consent but for the use of the U. S."--so as to carry the proceeds of all State duties on imports & exports, into the common Treasury.

M^r Madison liked the motion as preventing all State imposts--but lamented the complexity we were giving to the commercial system.

M^r Gov^r Morris thought the regulation necessary to prevent the Atlantic States from endeavoring to tax the Western States--& promote their interest by opposing the navigation of the Mississippi which would drive the Western people into the arms of G. Britain.

M^r Clymer thought the encouragement of the Western Country was suicide on the old States. If the States have such different interests that they cannot be left to regulate their own manufactures without encountering the interests of other States, it is a proof that they are not fit to compose one nation.

M^r King was afraid that the regulation moved by M^r Sherman would too much interfere with the policy of States respecting their manufactures, which may be necessary. Revenue he reminded the House was the object of the general Legislature.

On M^r Sherman's motion

N. H. ay. Mas. no. C^t ay. N. J. ay. P^a ay. Del. ay. M^d no.

V^a ay. N. C. ay. S. C. ay. Geo. ay.

Art XIII was then agreed to as amended.

Art. XIV was taken up.

Gen^l Pinkney was not satisfied with it. He seemed to wish some provision should be included in favor of property in slaves.

On the question on Art: XIV.

N. H. ay. Mas. ay. C^t ay. N. J. ay. P^a ay. Del. ay. M^d ay. V^a ay. N.

C. ay. S. C. no. Geo. divided.

Art: XV. being taken up, the words "high misdemesnor," were struck out, and "other crime" inserted, in order to comprehend all proper cases; it being doubtful whether "high misdemeanor" had not a technical meaning too limited.

M^r Butler and M^r Pinkney moved "to require fugitive slaves and servants to be delivered up like criminals."

M^r Wilson. This would oblige the Executive of the State to do it at the public expence.

M^r Sherman saw no more propriety in the public seizing and surrendering a slave or servant, than a horse.

M^r Butler withdrew his proposition in order that some particular provision might be made apart from this article.

Art XV as amended was then agreed to nem: con:

Adjourned.

WEDNESDAY AUGUST 29^{TH}. 1787. IN CONVENTION

Art: XVI. taken up.

M^r Williamson moved to subst.i.tute in place of it, the words of the Articles of Confederation on the same subject. He did not understand precisely the meaning of the article.

M^r Wilson and Doc^r Johnson supposed the meaning to be that Judgments in one State should be the ground of actions in other States, & that acts of the Legislatures should be included, for the sake of Acts of insolvency &c.

M^r Pinkney moved to commit Art XVI with the following proposition "To establish uniform laws upon the subject of bankruptcies, and respecting the damages arising on the protest of foreign bills of exchange."

M^r Ghorum was for agreeing to the article, and committing the proposition.

M^r Madison was for committing both. He wished the Legislature might be authorized to provide for the _execution_ of Judgments in other States, under such regulations as might be expedient. He thought that this might be safely done, and was justified by the nature of the Union.

M^r Randolph said there was no instance of one nation executing judgments of the Courts of another nation. He moved the following proposition:

Executive or Judiciary shall be attested & exemplified under the seal thereof, such attestation and exemplification, shall be deemed in other States as full proof of the existence of that act--and its operation shall be binding in every other State, in all cases to which it may relate, and which are within the cognizance and jurisdiction of the State, wherein the said act was done."

On the question for committing Art: XVI with M^r Pinkney's motion