keeping 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 inspect ing, packing, storing, 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 expenses by a tax in some other way, he stated the inconvenience of requiring the planters to pay a tax before the actual delivery for exportation.

Mr. MADISON seconded 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; though, perhaps, the best guard against an abuse of the power of the states on this subject was the right in the general government to regulate trade between state and state.

Mr. GOUVERNEUR MORRIS saw no objection to the motion. He did not consider the dollar per hogshead laid on tobacco, in Virginia, as a duty on exportation, as no drawback would be allowed on tobacco taken out of the warehouse for internal consumption.

Mr. DAYTON was afraid the proviso would enable Pennsylvania to tax New Jersey, under the idea of inspection duties, of which Pennsylvania would judge.

Mr. GORHAM and Mr. LANGDON thought there would be no security, if the proviso should be agreed to, for the states exporting through other states, against 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 Court must be the source of redress. So far, only, had provision been made by the plan against injurious acts of the states. His own opinion was, that this was insufficient. A negative on the state laws alone could meet all the shapes which these could assume. But this had been overruled.

Mr. FITZSIMONS. Incidental duties on tobacco and flour never have been, and never can be, considered as duties on exports.

Mr. DICKINSON. Nothing will save the states in the situation. of New Hampshire, New Jersey, Delaware, &c., from being oppressed by their neighbors, but requiring the assent of Congress to inspection duties. He moved that this assent should accordingly be required.

Mr. BUTLER seconded the motion. Adjourned.

THURSDAY, September 13. In Convention. - Col. MASON. 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 economical as republican

views, he moved that a committee be appointed, to report articles of association for encouraging, by the advice, the influence, and the example, of the members of the Convention, economy, frugality, and American manufactures.

Dr. JOHNSON seconded the motion, which was, without debate. agreed to, nem. con., and a committee appointed, consisting of Col. Mason, Dr. Franklin, Mr. Dickinson, Dr. Johnson, and Mr. Living

ston.

Col. MASON renewed his proposition of yesterday, on the subject of inspection laws, with an additional clause, giving to Congress a control 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 control of Congress."

There was no debate, and, on the question,

New Hampshire, Massachusetts, Connecticut, Maryland, Virginia, North Carolina, Georgia, ay, 7; Pennsylvania, Delaware, South Carolina, no, 3.264

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

Article 1, sect. 2. On motion of Mr. RANDOLPH, the word "servitude" was struck out, and "service" unanimously † inserted, the former being thought to express the condition of slaves, and the latter the obligations of free persons.

Mr. DICKINSON and Mr. WILSON moved to strike out "and direct taxes" from article 1, sect. 2, as improperly placed in a clause relating merely to the constitution of the House of Representatives.

Mr. GOUVERNEUR 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,

New Jersey, Delaware, Maryland, ay, 3; New Hampshire, Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, no, 8. Article 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 article 1, sect. 7, 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 seconded the motion.

This motion, and appointment of the committee, do not appear in the prirted Journal. No report was made by the committee.

+ See page 372 of the printed Journal

Mr. GOUVERNEUR MORRIS. The amendment is unnecessary. The law knows no fractions of days.

A number of members being very impatient, and calling for the question,

Pennsylvania, Maryland, Virginia, ay, 3; New Hampshire, Massachusetts, Con necticut, New Jersey, Delaware, North Carolina, South Carolina, Georgia, no, 8.

Dr. JOHNSON made a further report from the committee of style, &c., of the following resolutions, to be substituted for articles 22 and 23: 265

66

Resolved, That the preceding Constitution be laid before the United 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 and ratification; and that each convention assenting to and ratifying the same should give notice thereof to the United States in Congress 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 United States in Congress 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 United States in Congress assembled: that the senators and representatives should convene at the time and 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." 266

Adjourned.

FRIDAY, September 14.

In Convention. The report of the committee of style and 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,

Pennsylvania, Delaware, Maryland, Virginia, North Carolina, ay, 5; New Hampshire, Massachusetts, Connecticut, New Jersey, South Carolina, Georgia, no, 6.

Article 1, sect. 3, the words "by lot "* 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.

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

Mr. RUTLEDGE and Mr. GOUVERNEUR MORRIS moved, "that persons impeached be suspended from their offices until they be tried and acquitted."

* 66 By lot" had been reinstated from the report of the committee of five, made on the 6th of August, as a correction of the printed report by the committee of style, &c. See page, 377.

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,—

Connecticut, South Carolina, Georgia, ay, 3; New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, no, 8. Article 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 government in the states from the power of Congress. Article 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 and Mr. GERRY moved to insert, after the word "parts," the words "of the proceedings of the 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 Representatives was to concur, were instanced.

On the question, it passed in the negative.

Pennsylvania, Maryland, North Carolina, ay, 3; New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Virginia, Georgia, no, 7; South Carolina, divided.

Mr. BALDWIN observed, that the clause, article 1, sect. 6, declaring, that no member of Congress,

"during the time for which he was elected, shall be appointed to any civil office under the authority of the United States 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 Congress at their first session. The members of the first Congress, consequently, might evade the disqualification in this instance. He was neither seconded nor opposed, nor did any thing further pass on the subject.

Article 1, sect. 8. The Congress "may by joint ballot appoint a treasurer."

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

Mr. GORHAM and Mr. KING said, that the motion, if agreed to, would have a mischievous tendency. The people are accustomed and attached to that mode of appointing treasurers, and the innovation will multiply objections to the system.

Mr. GOUVERNEUR 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.

Gen. PINCKNEY. 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.

New Hampshire, Connecticut, New Jersey, Delaware, Maryland, North Carolina, South Carolina, Georgia, ay, 8; Massachusetts, Pennsylvania, Virginia, no, 3. Article 1, sect. 8, the words,

"but all such duties, imposts, and excises, shall be uniform throughout the United States,"

were unanimously annexed to the power of taxation.

On the clause,

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

Mr. GOUVERNEUR MORRIS moved to strike out "punish" before the words "offences against 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 civilized nations of the world, would have a look of arrogance that would make us ridiculous.

Mr. GOUVERNEUR 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.

New Hampshire, Connecticut, New Jersey, Delaware, North Carolina, South Carolina, ay, 6; Massachusetts, Pennsylvania, Maryland, Virginia, Georgia, no, 5.

Dr. FRANKLIN* moved to add, after the words "post roads," article 1, sect. 8, a power "to provide for cutting canals where deemed necessary.'

Mr. WILSON seconded the motion.

Mr. SHERMAN objected. The expense, in such cases, will fall on the United States, and the benefit accrue to the places where the canals may be cut.

Mr. WILSON. Instead of being an expense to the United States, 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 United States might require, and the legislative provisions of individual states may be incompetent."

*This motion by Dr. Franklin not stated in the printed Journal, as are some

other motions.