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The writings of James Madison,

comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed.
  
  
  
  
  
  
  

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VII.

The ratification of the conventions of nine States, shall be
sufficient for the establishment of this constitution between
the States so ratifying the same.


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LETTER.[93]

We have now the Honor to submit to the Consideration of
the United States in Congress assembled that Constitution
which has appeared to us the most advisable.

The Friends of our Country have long seen and desired that
the Power of making War Peace and Treaties, that of levying
Money & regulating Commerce and the correspondent executive
and judicial Authorities should be fully and effectually
vested in the general Government of the Union. But the
Impropriety of delegating such extensive Trust to one Body
of Men is evident. Hence results the Necessity of a different
organization.

It is obviously impracticable in the fœderal Government of
these States to secure all Rights of independent Sovereignty
to each and yet provide for the Interest and Safety of all.
Individuals entering into Society must give up a Share of
Liberty to preserve the Rest. The Magnitude of the Sacrifice
must depend as well on Situation and Circumstances as
on the Object to be obtained. It is at all times difficult to
draw with Precision the Line between those Rights which
must be surrendered and those which may be reserved. And
on the present Occasion this Difficulty was increased by a
Difference among the several States as to their Situation Extent
Habits and particular Interests.

In all our Deliberations on this Subject we kept steadily in


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our View that which appears to us the greatest Interest of
every true American The Consolidation of our Union in
which is involved our Prosperity Felicity Safety perhaps our
national Existence. This important Consideration seriously
and deeply impressed on our Minds led each State in the Convention
to be less rigid in Points of inferior Magnitude than
might have been otherwise expected. And thus the Constitution
which we now present is the Result of a Spirit of Amity
and of that mutual Deference & Concession which the Peculiarity
of our political Situation rendered indispensable.

That it will meet the full and entire approbation of every
State is not perhaps to be expected. But each will doubtless
consider that had her Interests been alone consulted the
Consequences might have been particularly disagreable or
injurious to others. That it is liable to as few Exceptions as
could reasonably have been expected we hope and believe
That it may promote the lasting Welfare of that Country so
dear to us all and secure her Freedom and Happiness is our
most ardent Wish—

Mr. Williamson moved to reconsider the clause requiring
three fourths of each House to overrule the
negative of the President, in order to strike out 3/4
and insert 2/3. He had he remarked himself proposed
3/4 instead of 2/3, but he had since been convinced
that the latter proportion was the best. The
former puts too much in the power of the President.

Mr. Sherman was of the same opinion; adding that
the States would not like to see so small a minority
and the President, prevailing over the general voice.
In making laws regard should be had to the sense of
the people, who are to be bound by them, and it was
more probable that a single man should mistake or
betray this sense than the Legislature.


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Mr. Govr. Morris. Considering the difference between
the two proportions numerically, it amounts
in one House to two members only; and in the
others to not more than five; according to the numbers
of which the Legislature is at first to be composed.
It is the interest moreover of the distant
States to prefer 3/4 as they will be oftenest absent and
need the interposing check of the President. The
excess rather than the deficiency, of laws was to be
dreaded. The example of N. York shews that 2/3 is
not sufficient to answer the purpose.

Mr. Hamilton added his testimony to the fact that
2/3 in N. York had been ineffectual either where a
popular object, or a legislative faction operated; of
which he mentioned some instances.

Mr. Gerry. It is necessary to consider the danger
on the other side also. 2/3 will be a considerable,
perhaps a proper security. 3/4 puts too much in the
power of a few men. The primary object of the
revisionary check in the President is not to protect
the general interest, but to defend his own department.
If 3/4 be required, a few Senators having hopes
from the nomination of the President to offices, will
combine with him and impede proper laws. Making
the vice-President Speaker increases the danger.

Mr. Williamson was less afraid of too few than of
too many laws. He was most of all afraid that the
repeal of bad laws might be rendered too difficult by
requiring 3/4 to overcome the dissent of the President.

Col: Mason had always considered this as one of
the most exceptionable parts of the System. As to


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the numerical argument of Mr. Govr. Morris, little
arithmetic was necessary to understand that 3/4
was more than 2/3, whatever the numbers of the
Legislature might be. The example of New York
depended on the real merits of the laws. The
Gentlemen citing it, had no doubt given their own
opinions. But perhaps there were others of opposite
opinions who could equally paint the abuses on
the other side. His leading view was to guard
against too great an impediment to the repeal of
laws.

Mr. Govr. Morris dwelt on the danger to the public
interest from the instability of laws, as the most to
be guarded against. On the other side there could
be little danger. If one man in office will not consent
where he ought, every fourth year another can
be substituted. This term was not too long for fair
experiments. Many good laws are not tried long
enough to prove their merit. This is often the case
with new laws opposed to old habits. The Inspection
laws of Virginia & Maryland to which all are
now so much attached were unpopular at first.

Mr. Pinkney was warmly in opposition to 3/4 as
putting a dangerous power in the hands of a few
Senators headed by the President.

Mr. Madison. When 3/4 was agreed to, the President
was to be elected by the legislature and for
seven years. He is now to be elected by the people
and for four years. The object of the revisionary
power is two fold. 1. to defend the Executive rights
2. to prevent popular or factious injustice. It was


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an important principle in this & in the State Constitutions
to check legislative injustice and encroachments.
The Experience of the States had
demonstrated that their checks are insufficient. We
must compare the danger from the weakness of 2/3
with the danger from the strength of 3/4. He
thought on the whole the former was the greater.
As to the difficulty of repeals it was probable that
in doubtful cases the policy would soon take place
of limiting the duration of laws so as to require
renewal instead of repeal.

The reconsideration being agreed to. On the
question to insert 2/3 in place of 3/4.

N. H. divd. Mas. no. Ct. ay. N. J. ay. Pa. no.
Del. no. Md. ay. Mr. McHenry no. Va. no. Genl.
Washington Mr. Blair, Mr. Madison no. Col. Mason,
Mr. Randolph ay. N. C. ay. S. C. ay. Geo. ay.

Mr. Williamson, observed to the House that no
provision was yet made for juries in Civil cases and
suggested the necessity of it.

Mr. Gorham. It is not possible to discriminate
equity cases from those in which juries are proper.
The Representatives of the people may be safely
trusted in this matter.

Mr. Gerry urged the necessity of Juries to guard
agst. corrupt Judges. He proposed that the Committee
last appointed should be directed to provide
a clause for securing the trial by Juries.

Col: Mason perceived the difficulty mentioned by
Mr. Gorham. The jury cases cannot be specified. A
general principle laid down on this and some other


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points would be sufficient. He wished the plan had
been prefaced with a Bill of Rights, & would second
a Motion if made for the purpose. It would give
great quiet to the people; and with the aid of the
State declarations, a bill might be prepared in a few
hours.

Mr. Gerry concurred in the idea & moved for a
Committee to prepare a Bill of Rights. Col: Mason
2ded. the motion.

Mr. Sherman, was for securing the rights of the
people where requisite. The State Declarations of
Rights are not repealed by this Constitution; and
being in force are sufficient. There are many cases
where juries are proper which cannot be discriminated.
The Legislature may be safely trusted.

Col: Mason. The laws of the U. S. are to be paramount
to State Bills of Rights. On the question
for a Come. to prepare a Bill of Rights

N. H. no. Mas. abst. Ct. no. N. J. no. Pa. no.
Del. no. Md. no. Va. no. N. C. no. S. C. no, Geo.
no.

The Clause relating to exports being reconsidered,
at the instance of Col: Mason, who urged that the
restriction on the States would prevent the incidental
duties necessary for the inspection & safekeeping
of their produce, and be ruinous to the
Staple States, as he called the five Southern States,
he moved as follows—"provided nothing herein contained
shall be construed to restrain any State from
laying duties upon exports for the sole purpose of
defraying the charges of inspecting, packing, storing


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and indemnifying the losses in keeping the commodities
in the care of public officers, before exportation."
In answer to a remark which he anticipated,
to wit, that the States could provide for
these expences, by a tax in some other way, he stated
the inconveniency of requiring the Planters to pay a
tax before the actual delivery for exportation.

Mr. Madison 2ded. the motion. It would at least be
harmless; and might have the good effect of restraining
the States to bona fide duties for the purpose,
as well as of authorizing explicitly such duties; tho'
perhaps the best guard against an abuse of the power
of the States on this subject, was the right in the
Genl. Government to regulate trade between State
& State.

Mr. Govr. Morris saw no objection to the motion.
He did not consider the dollar per Hhd laid on Tob°.
in Virga. as a duty on exportation, as no drawback
would be allowed on Tob°. taken out of the Warehouse
for internal consumption.

Mr. Dayton was afraid the proviso wd. enable Pennsylva.
to tax N. Jersey, under the idea of Inspection
duties of which Pena. would Judge.

Mr. Gorham & Mr. Langdon, thought there would
be no security if the proviso shd. be agreed to, for
the States exporting thro' other States, agst. these
oppressions of the latter. How was redress to be
obtained in case duties should be laid beyond the
purpose expressed?

Mr. Madison. There will be the same security as
in other cases. The jurisdiction of the supreme


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Court must be the source of redress. So far only
had provision been made by the plan agst. injurious
acts of the States. His own opinion was, that this
was sufficient. A negative on the State laws alone
could meet all the shapes which these could assume.
But this had been overruled.

Mr. Fitzimmons. Incidental duties on Tob°. &
flour never have been & never can be considered as
duties on exports.

Mr. Dickinson. Nothing will save the States in
the situation of N. Hampshire N Jersey Delaware
&c from being oppressed by their neighbors, but
requiring the assent of Congs. to inspection duties.
He moved that this assent shd. accordingly
be required.

Mr. Butler 2ded. the motion.

Adjourned

Thursday Sepr. 13. 1787. In Convention

Col. Mason.[94] He had moved without success for
a power to make sumptuary regulations. He had
not yet lost sight of his object. After descanting on
the extravagance of our manners, the excessive consumption
of foreign superfluities, and the necessity
of restricting it, as well with œconomical as republican
views, he moved that a Committee be appointed


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to report articles of association for encouraging
by the advice the influence and the example of
the members of the Convention, œconomy frugality
and american manufactures.

Docr. Johnson 2ded. the motion which was without
debate agreed to, nem: con: and a Committee appointed,
consisting of Col: Mason, Docr. Franklin,
Mr. Dickenson, Docr. Johnson and Mr. Livingston.[95]

Col: Mason renewed his proposition of yesterday
on the subject of inspection laws, with an additional
clause giving to Congress a controul over them in
case of abuse—as follows:

"Provided that no State shall be restrained from
imposing the usual duties on produce exported from
such State, for the sole purpose of defraying the
charges of inspecting, packing, storing, and indemnifying
the losses on such produce, while in the
custody of public officers: but all such regulations
shall in case of abuse, be subject to the revision and
controul of Congress."

There was no debate & on the question

N. H. ay. Mas. ay. Ct. ay. Pa. no. Del. no.
Md. ay. Va. ay. N. C. ay. S. C. no. Geo. ay.

The Report from the committee of stile & arrangement,
was taken up, in order to be compared with
the articles of the plan as agreed to by the House &
referred to the Committee, and to receive the final
corrections and sanction of the Convention.

Art: 1, sect. 2. On motion of Mr. Randolph the


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word "servitude" was struck out, and "service"
unanimously[96] inserted, the former being thought to
express the condition of slaves, & the latter the obligations
of free persons.

Mr. Dickenson & Mr. Wilson moved to strike out,
"and direct taxes," from sect. 2, art 1, as improperly
placed in a clause relating merely to the Constitution
of the House of Representatives.

Mr. Govr. Morris. The insertion here was in consequence
of what had passed on this point; in order
to exclude the appearance of counting the negroes
in the Representation. The including of them may
now be referred to the object of direct taxes, and incidentally
only to that of Representation.

On the motion to strike out "and direct taxes"
from this place N. H. no. Mas. no. Ct. no. N. J.
ay. Pa. no. Del. ay. Md. ay. Va. no. N. C. no.
S. C. no. Geo. no.

Art. 1, sect. 7.—"if any bill shall not be returned
by the president within ten days (sundays excepted)
after it shall have been presented to him &c"

Mr. Madison moved to insert between "after" and
"it" in sect. 7, Art. 1 the words "the day on which."
in order to prevent a question whether the day on
which the bill be presented ought to be counted or
not as one of the ten days.

Mr. Randolph 2ded. the motion.

Mr. Governer. Morris. The amendment is unnecessary.
The law knows no fractions of days.


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A number of members being very impatient &
calling for the question N. H. no. Mas. no. Ct. no.
N. J. no. Pa. ay. Del. no. Md. ay. Va. ay. N.
C. no. S. C. no. Geo. no—

Docr. Johnson made a further report from the
Committee of stile &c of the following resolutions to
be substituted for 22 & 23 articles.

"Resolved that the preceding Constitution be
laid before the U. States in Congress assembled, and
that it is the opinion of this Convention, that it
should afterwards be submitted to a Convention of
Delegates chosen in each State by the people thereof,
under the recommendation of its Legislature, for
their assent & ratification; & that each Convention
assenting & ratifying the same should give notice
thereof to the U. S. in Congs. assembled.

"Resolved that it is the opinion of this Convention
that as soon as the Conventions of nine States, shall
have ratified this Constitution, the U. S. in Congs.
assembled should fix a day on which electors should
be appointed by the States which shall have ratified
the same; and a day on which the Electors should
assemble to vote for the President; and the time and
place for commencing proceedings under this Constitution
—That after such publication the Electors
should be appointed, and the Senators and Representatives
elected: That the Electors should meet
on the day fixed for the election of the President, and
should transmit their votes certified signed, sealed
and directed, as the Constitution requires, to the
Secretary of the U. States in Congs. assembled: that


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the Senators and Representatives should convene at
the time & place assigned: that the Senators should
appoint a President for the sole purpose of receiving,
opening, and counting the votes for President, and
that after he shall be chosen, the Congress, together
with the President should without delay proceed to
execute this Constitution."

Adjourned

Friday SepR. 14th. 1787. In Convention

The Report of the Committee of stile & arrangement
being resumed

Mr. Williamson moved to reconsider in order to
increase the number of Representatives fixed for the
first Legislature. His purpose was to make an addition
of one half generally to the number allotted to
the respective States; and to allow two to the smallest
States

On this motion

N. H. no. Mas. no. Ct. no. N. J. no. Pa. ay.
Del. ay. Md. ay. Va. ay. N. C. ay. S. C. no. Geo.
no.

Art. 1. sect. 3. the words "by lot"[97] were struck
out nem: con: on motion of Mr. Madison, that some
rule might prevail in the rotation that would prevent
both the members from the same State from going
out at the same time.


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"Ex officio" struck out of the same section as
superfluous; nem: con; and "or affirmation" after
"oath" inserted also unanimously.

Mr. Rutlidge and Mr. Govr. Morris moved "that
persons impeached be suspended from their office
until they be tried and acquitted"

Mr. Madison. The President is made too dependent
already on the Legislature by the power of one
branch to try him in consequence of an impeachment
by the other. This intermediate suspension,
will put him in the power of one branch only. They
can at any moment, in order to make way for the
functions of another who will be more favorable to
their views, vote a temporary removal of the existing
magistrate.

Mr. King concurred in the opposition to the amendment

On the question to agree to it

N. H. no. Mas. no. Ct. ay. N. J. no. Pa. no.
Del. no. Md. no. Va. no. N. C. no. S. C. ay. Geo.
ay.

Art. 1. sect. 4. "except as to the places of choosing
Senators" was added nem: con: to the end of the
first clause, in order to exempt the seats of Govt. in
the States from the power of Congress.

Art. 1. Sect. 5. "Each House shall keep a Journal
of its proceedings, and from time to time publish the
same, excepting such parts as may in their judgment
require secrecy."

Col: Mason & Mr. Gerry moved to insert after the
word "parts," the words "of the proceedings of the


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Senate" so as to require publication of all the proceedings
of the House of Representatives.

It was intimated on the other side that cases
might arise where secrecy might be necessary in
both Houses. Measures preparatory to a declaration
of war in which the House of Reps. was to concur,
were instanced.

On the question, it passed in the negative

N. H. no. (Rh. I abs) Mas. no. Con: no (N.
Y. abs) N. J. no. Pen. ay. Del. no. Mary. ay.
Virg. no. N. C. ay. S. C. divd. Geor. no.

Mr. Baldwin observed that the clause, Art. 1. Sect.
6. declaring that no member of Congs. "during the
time for which he was elected, shall be appointed to
any Civil office under the authority of the U. S.
which shall have been created, or the emoluments
whereof shall have been increased during such time,"
would not extend to offices created by the Constitution;
and the salaries of which would be created,
not increased by Congs. at their first session. The
members of the first Congs. consequently might evade
the disqualification in this instance.—He was neither
seconded nor opposed; nor did any thing further
pass on the subject.

Art. 1. Sect. 8. The Congress "may by joint ballot
appoint a Treasurer"

Mr. Rutlidge moved to strike out this power, and
let the Treasurer be appointed in the same manner
with other officers.

Mr. Gorham & Mr. King said that the motion, if
agreed to, would have a mischievous tendency. The


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people are accustomed & attached to that mode of
appointing Treasurers, and the innovation will multiply
objections to the system.

Mr. Govr. Morris remarked that if the Treasurer be
not appointed by the Legislature, he will be more
narrowly watched, and more readily impeached.

Mr. Sherman. As the two Houses appropriate
money, it is best for them to appoint the officer who
is to keep it; and to appoint him as they make the
appropriation, not by joint but several votes.

Genl. Pinkney. The Treasurer is appointed by
joint ballot in South Carolina. The consequence is
that bad appointments are made, and the Legislature
will not listen to the faults of their own officer.

On the motion to strike out

N. H. ay. Mas. no. Ct. ay. N. J. ay. Pa. no.
Del. ay. Md. ay. Va. no. N. C. ay. S. C. ay. Geo.
ay.

Art 1 sect. 8. "but all such duties imposts & excises,
shall be uniform throughout the U. S." were
unanimously annexed to the power of taxation.

To define & punish piracies and felonies on the
high seas, and "punish" offences against the law of
nations.

Mr. Govr. Morris moved to strike out "punish" before
the words "offences agst. the law of nations," so
as to let these be definable as well as punishable,
by virtue of the preceding member of the sentence.

Mr. Wilson hoped the alteration would by no
means be made. To pretend to define the law of
nations which depended on the authority of all the


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civilized nations of the world, would have a look of
arrogance, that would make us ridiculous.

Mr. Govr. Morris. The word define is proper when
applied to offences in this case; the law of nations
being often too vague and deficient to be a rule.

On the question to strike out the word "punish"
it passed in the affirmative N. H. ay. Mas. no.
Ct. ay. N. J. ay. Pa. no. Del. ay. Md. no. Va. no.
N. C. ay. S. C. ay. Geo. no.

Docr. Franklin moved[98] to add after the words
"post roads" Art 1. Sect. 8. "a power to provide
for cutting canals where deemed necessary"

Mr. Wilson 2ded. the motion

Mr. Sherman objected. The expence in such cases
will fall on the U. States, and the benefit accrue to
the places where the canals may be cut.

Mr. Wilson. Instead of being an expence to the
U. S. they may be made a source of revenue.

Mr. Madison suggested an enlargement of the
motion into a power "to grant charters of incorporation
where the interest of the U. S. might require
& the legislative provisions of individual
States may be incompetent." His primary object
was however to secure an easy communication between
the States which the free intercourse now to be
opened, seemed to call for. The political obstacles
being removed, a removal of the natural ones as far
as possible ought to follow. Mr. Randolph 2ded. the
proposition.


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Mr. King thought the power unnecessary.

Mr. Wilson. It is necessary to prevent a State from
obstructing the general welfare.

Mr. King. The States will be prejudiced and
divided into parties by it. In Philada. & New York,
It will be referred to the establishment of a Bank,
which has been a subject of contention in those
Cities. In other places it will be referred to mercantile
monopolies.

Mr. Wilson mentioned the importance of facilitating
by canals, the communication with the Western
settlements. As to Banks he did not think with Mr.
King that the power in that point of view would excite
the prejudices & parties apprehended. As to
mercantile monopolies they are already included in
the power to regulate trade.

Col: Mason was for limiting the power to the single
case of Canals. He was afraid of monopolies of
every sort, which he did not think were by any
means already implied by the Constitution as supposed
by Mr. Wilson.

The motion being so modified as to admit a distinct
question specifying & limited to the case of
canals,

N. H. no. Mas. no. Ct. no. N. J. no. Pa. ay.
Del. no. Md no. Va. ay. N. C. no. S. C. no. Geo.
ay.

The other part fell of course, as including the
power rejected.

Mr. Madison & Mr. Pinkney then moved to insert in
the list of powers vested in Congress a power—"to


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Page 454
establish an University, in which no preferences or
distinctions should be allowed on account of Religion."

Mr. Wilson supported the motion

Mr. Govr. Morris. It is not necessary. The exclusive
power at the Seat of Government, will reach
the object.

On the question

N. H. no. Mas. no. Cont. divd. Dr. Johnson ay.
Mr. Sherman no. N. J. no. Pa. ay. Del. no. Md.
no. Va. ay. N. C. ay. S. C. ay. Geo. no.

Col: Mason, being sensible that an absolute prohibition
of standing armies in time of peace might
be unsafe, and wishing at the same time to insert
something pointing out and guarding against the
danger of them, moved to preface the clause (Art 1
sect. 8) "To provide for organizing, arming and disciplining
the militia &c" with the words "And that
the liberties of the people may be better secured
against the danger of standing armies in time of
peace" Mr. Randolph 2ded. the motion

Mr. Madison was in favor of it. It did not restrain
Congress from establishing a military force in
time of peace if found necessary; and as armies in
time of peace are allowed on all hands to be an evil,
it is well to discountenance them by the Constitution,
as far as will consist with the essential power
of the Govt. on that head.

Mr. Govr. Morris opposed the motion as setting a
dishonorable mark of distinction on the military
class of Citizens


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Mr. Pinkney & Mr. Bedford concurred in the opposition.

On the question

N. H. no. Mas. no. Ct. no. N. J. no. Pa. no.
Maryd. no. Va. ay. N. C. no. S. C. no. Geo. ay.

Col: Mason moved to strike out from the clause
(art 1 sect 9.) "no bill of attainder nor any ex post
facto law shall be passed" the words "nor any ex
post facto law." He thought it not sufficiently
clear that the prohibition meant by this phrase was
limited to cases of a criminal nature, and no Legislature
ever did or can altogether avoid them in Civil
cases.

Mr. Gerry 2ded. the motion but with a view to extend
the prohibition to "civil cases," which he
thought ought to be done.

On the question; all the States were—no

Mr. Pinkney & Mr. Gerry, moved to insert a declaration
"that the liberty of the Press should be
inviolably observed."

Mr. Sherman. It is unnecessary. The power of
Congress does not extend to the Press. On the
question, it passed in the negative

N. H.[99] no. Mas. ay. Ct. no. N. J. no. Pa. no.
Del. no. Md. ay. Va. ay. N. C. no. S. C. ay: Geo.
no.

Art 1. Sect. 9. "no capitation tax shall be laid,
unless &c"

Mr. Read moved to insert after "capitation" the


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words, "or other direct tax" He was afraid that
some liberty might otherwise be taken to saddle the
States, with a readjustment by this rule, of past
requisitions of Congs.—and that his amendment by
giving another cast to the meaning would take away
the pretext. Mr. Williamson 2ded. the motion which
was agreed to. On motion of Col: Mason "or enumeration"
inserted after, as explanatory of "Census"
Con. & S. C. only, no.[100]

At the end of the clause "no tax or duty shall be
laid on articles exported from any State" was added
the following amendment conformably to a vote on
the [31] of [August] viz—no preference shall be given
by any regulation of commerce or revenue to the
ports of one State over those of another: nor shall
vessels bound to or from one State, be obliged to
enter, clear or pay duties in another.

Col. Mason moved a clause requiring "that an
Account of the public expenditures should be annually
published" Mr. Gerry 2ded. the motion

Mr. Govr. Morris urged that this wd. be impossible
in many cases.

Mr. King remarked, that the term expenditures
went to every minute shilling. This would be impracticable.
Congs. might indeed make a monthly
publication, but it would be in such general statements
as would afford no satisfactory information.

Mr. Madison proposed to strike out "annually"
from the motion & insert "from time to time,"


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which would enjoin the duty of frequent publications
and leave enough to the discretion of the Legislature.
Require too much and the difficulty will
beget a habit of doing nothing. The articles of Confederation
require halfyearly publications on this
subject. A punctual compliance being often impossible,
the practice has ceased altogether.

Mr. Wilson 2ded. & supported the motion. Many
operations of finance cannot be properly published
at certain times.

Mr. Pinkney was in favor of the motion.

Mr. Fitzimmons. It is absolutely impossible to
publish expenditures in the full extent of the term.

Mr. Sherman thought "from time to time" the
best rule to be given.

"Annual" was struck out—& those words—inserted
nem: con:

The motion of Col: Mason so amended was then
agreed to nem: con: and added after—"appropriations
by law" as follows—"And a regular statement
and account of the receipts & expenditures of
all public money shall be published from time to
time"

The first clause of Art. 1 Sect. 10—was altered so
as to read—"no State shall enter into any Treaty
alliance or confederation; grant letters of marque
and reprisal; coin money; emit bills of credit;
make any thing but gold & silver coin a tender in
payment of debts; pass any bill of attainder, ex
post facto law, or law impairing the obligation of
contracts, or grant any title of nobility."


458

Page 458

Mr. Gerry entered into observations inculcating
the importance of public faith, and the propriety of
the restraint put on the States from impairing the
obligation of contracts, alledging that Congress ought
to be laid under the like prohibitions, he made a
motion to that effect. He was not 2ded.

Adjourned.

 
[93]

The draft of the letter accompanied the draft of the Constitution,
but was not printed with it. The Journal says (Sept. 12): "The
draft of a letter to Congress being at the same time reported, was read
once throughout; and afterwards agreed to by paragraphs." (Const.
MSS. and Journal
, p. 367.) The draft is in the handwriting of Gouverneur
Morris and was undoubtedly prepared by him. It was turned
over to Washington by Jackson with the other papers of the convention.
The draft of the Constitution must have been among those
papers he destroyed. Probably it too was written by Morris. The
letter having been accepted September 12, was printed with the final
Constitution September 17. It does not appear to have caused
debate.

[94]

The dissensions among the Virginia delegates had leaked out. for
Joseph Jones, Fredericksburg, September 13, 1787. wrote to Madison
that a rumor of their disagreement was current in Virginia.—Chicago
Historical Society MSS.

[95]

This motion, & appointment of the Comittee, not in the printed
Journal. No report was made by the Come.—Madison's note.

[96]

See page 372 of the printed Journal.—Madison's note.

[97]

"By lot" had been reinstated from the Report of five Aug. 6. as a
correction of the printed report by the Come. of stile & arrangement.—
Madison's note.

[98]

This motion by Dr. Franklin not stated in the printed Journal as
are some other motions.—Madison's note.

[99]

In the printed Journal N. Hampshire ay.—Madison's note.

[100]

The words "Con. & S. C. only no" are in the handwriting of John
C. Payne, Madison's brother-in-law.