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8th. In the 1st paragraph of the 6th article, for “prince or state," read "prince or foreign state, except the same be upon the subject of commerce, nor then so as to interfere with any treaty or alliance of the United States made, or treaty proposed, by Congress.”

Passed in the negative; 2 ayes, 9 noes.

9th. In the 2d paragraph of the 6th article, strike out“ by some nation of Indians," and after the words "to invade such state," insert " or upon requisition to assist a sister state actually invaded or threatened with an invasion." Passed in the negative; 3 ayes,

8 10th. In the 1st paragraph of the 7th article, strike out "of or under the rank of colonel," and after “shall be appointed," insert “and commissioned.”

Passed in the negative ; 2 ayes, 8 noes, 1 divided.

Ilth. At the end of the 7th article, add, “ The troops to be raised shall be deemed the troops of that state by which they are raised. The Congress, or grand council of the states, may, when they think proper, make requisition to any state for two thirds of the troops to be raised; which requisition shall be binding upon the said states respectively; but the remaining third shall not be liable to be drawn out of the state in which they are raised, without the consent of the executive authority of the same. When any forces are raised, they shall be under the commaud of the executive authority of the state in which they are so raised, unless they be joined by troops from any other state, in which the Congress, or grand council of the states, may appoint a general officer to take the command of the whole; and until the same can be done, the command shall be in the senior officer present, who shall be amenable for his conduct to the executive anthority of the state in which the troops are, and shall be liable to be suspended thereby. The expenses of the troops so to be raised shall be defrayed by the state to which they belong; but when called into service by the United States, they shall be fed and paid at the expense of the United States.”

Passed in the negative; 2 ayes, 9 noes.

12th. In the 1st line of the 8th article, strike out“ charges of war and all other."

Passed in the negative; 2 ayes, 8 noes, 1 divided.

13th. In the same article strike out “ according to such mode as the United States in Congress assembled shall from time to time direct and appoint;' and instead of " and improvements thereon shall be estimated," read “arrd improvements thereon shall, by periods of years not exceeding ten, as often as may be required by Congress, be generally estimated by persons to be appointed by the legislatures of the respective states to value the same upon oath.”

Passed in the negative; 2 ayes, 9 noes.

14th. In the 1st paragraph of the 9th article, strike out " appointing courts for the trial of piracies and felonies committed on the high seas, and in lieu thereof, insert" declaring what acts committed on the high seas shall be deemed piracies or felonies.”

Passed in the negative ; 2 ayes, 9 noes.

15th. In the 2d paragraph of the 9th article, for “ be the last resort on appeal,” read “ decide and determine,” and strike out“ all that relates to the mode of settling differences between states and controversies concerning private right of soil."

Passed in the negative; 2 ayes, 9 noes.

16th. In the 5th paragraph of the 9th article, after the words “ in any term of,” strike out “ three," and insert “two."

Passed in the negative ; 3 ayes, 7 noes, 1 divided.

17th. In the 6th paragraph of the 9th article, for "unless nine states," read “ unless eleven states." Passed in the negative; 2 ayes,

9 noes. 18th. At the end of the same paragraph, strike out the words “ in Congress assembled.”

Passed in the negative; 1 ay, 10 noes.

19th. In the last paragraph of the 9th article, after the words“ and the yeas and nays of the delegates of each state on,” for “any,” read“ and strike out the words “ when it is desired by any delegate.”

Passed in the negative; 2 ayes, 9 noes.

20th In the same sentence, strike out“ a state or," and also “ at his or their request ; ” and after the words “ and the,” insert“ respective states of the,” and after “shall,” insert“ upon requisition.”

Passed in the negative; 1 ay, 10 noes.

21st. Amend the last clause of the 13th article, so as to read “ unless such alteration be agreed to by eleven of the United States in Congress assembled, and be afterwards confirmed by the legislatures of eleven of the United States.''

Passed in the negative; 3 ayes, 6 noes, 2 divided.

every,"

PROCEEDINGS WHICH LED TO THE ADOPTION OF

THE CONSTITUTION OF THE UNITED STATES.

Saturday, February 3, 1781.

— The order of the day (being a report concerning the laying a duty of five per cent.) was called for, when a motion was made by Mr. Witherspoon, seconded by Mr. Burke,

That it is indispensably necessary that the United States in Congress assembled should be vested with a right of superintending the commercial regulations of every state, that none may take place that shall be partial or contrary to the common interest ; and that they should be vested with the exclusive right of laying duties upon all imported articles; no restriction to be valid, and no such duty to be laid, but with the consent of nine states; provided, that all duties and imposts laid by the United States in Congress assembled, shall always be a certain proportion of the value of the article or articles on which the same shall be laid ; and the same articles shall bear the same duty and impost throughout the said states without exemption ; and provided, that all such duties and imposts shall be for the perfecting of certain specified purposes, which purposes being perfected, the said duties and imposts so appropriated shall cease; provided also, that the United States in Congress assembled shall not be empowered to appropriate any duties or imposts for perpetual annuities, or other perpetual or indefinite interests, or for annuities for more than three lives at the same time in being, or for a longer term than years."

On the question to agree to this, the yeas and nays being required by Mr. Mathews, it passed in the negative.

Congress resumed the consideration of the report of the committee of the whole, (for laying a duty of five per cent. ;)

And on the question to insert the words (to transfer the power to lay the duty from the states to Congress) moved to be inserted, the yeas and nays were required; and it was resolved in the affirmative.

The report of the committee of the whole, being amended, was agreed to, as follows:

Resolved, That it be recommended to the several states, as indispensably necessary, that they vest a power in Congress to levy, for the use of the United States, a duty of five per cent. ad valorem, at the time and place of importation, upon all goods, wares, and merchandise, of foreign growth and manufacture, which may be imported into any of the said states from any foreign port, island, or plantation, after the 1st day of May, 1781; except arms, ammunition, clothing, and other articles imported on account of the United States, or any of them; and except wool cards and cotton cards, and wire for making them; and also except salt, during the war.

Also a like duty of five per cent. on all prizes and prize goods, condemned in the court of admiralty of any of these states as lawful prize.

That the moneys arising from the said duties be appropriated to the discharge of the principal and interest of the debts already contracted, or • which may be contracted, on the faith of the United States, for supporting the present war.

That the said duties be continued until the said debts shall be fully and finally discharged.

....12-90ths

Friday, April 18, 1783. — Congress proceeded in the consideration of the report, (concerning duties and revenues ;) and sundry amendments being made,

Resolved, by nine states, That it be recommended to the several states, as indispensably neces

cessary to the restoration of public credit, and to the punctual and honorable discharge of the public debts, to invest the United States in Congress assembled with a power to levy, for the use of the United States, the following duties upon goods imported into the said states from any foreign port, island, or plantation :

Upon all rum of Jamaica proof, per gallon,... 4-90ths of a dollar.
Upon all other spirituous liquors,

3-901hs ditto.
Upon Madeira wine,

ditto. Upon all other wines,..

6-90ths ditto. Upon common Bohea tea, per lb.,

6-90ths ditto. Upon all other teas,.

.24-90ths ditto. Upon pepper, per lb.,...

3-90ths ditto. Upon brown sugar, per lb...

1-90th ditto. Upon loaf sugar,

2-90ths ditto. Upon all other sugars,

1-90th ditto. Upon molasses, per gallon,..

1-90th ditto. Upon cocoa and coffee, per Ib.,..

1-90th ditto. Upon all other goods, a duty of five per cent. ad valorem, at the time and place

of importation Provided, That none of the said duties shall be applied to any other purpose than the discharge of the interest or principal of the debts contracted, on the faith of the United States, for supporting the war, agreeably to the resolution of the 16th day of December last, nor be continued for a longer term than twenty-five years; and provided, that the collectors of the said duties shall be appointed by the states within which their offices are to be respectively exercised; but when so appointed, shall be amenable to, and

remorable by, the United States in Congress assembled, alone; and in case any state shall not make such appointment within one month after notice given for that purpose, the appointment may be made by the United States in Congress assembled.

That it be further recommended to the several states to establish, for a term limited to twenty-five years, and to appropriate to the discharge of the interest and principal of the debts contracted on the faith of the United States for supporting the war, substantial and effectual revenues, of such nature as they may judge most convenient, for supplying their respective proportions of one million five hundred thousand dollars, annually, exclusive of the afore-mentioned duties, which proportion shall be fixed and equalized from time to time, according to the rule which is, or may be, prescribed by the Articles of Confederation ; and in case the revenues established by any state shall at any time yield a sum exceeding its actual proportion, the excess shall be refunded to it; and in case the revenues of any state shall be found to be deficient, the immediate deficiency shall be made up by such state with as little delay as possible, and a future deficiency guarded against by an enlargement of the revenues established; provided, that, until the rule of the Confederation can be carried into practice, the proportions of the said one million five hundred thousand dollars shall be as follows, viz. :New Hampshire,

.52,708
Delaware,

.22,443
Massachusetts,
.224,427 Maryland,

141,517 Rhode Island,.. .32,318 Virginia,

..256,487 Connecticut, .132,091 North Carolina,

.109,006 New York,... .128,243 South Carolina,

.96,183 New Jersey, ..83,358 Georgia,

.16,030 Pennsylvania,

.205,189 The said last-mentioned revenues to be collected by persons appointed as aforesaid, but to be carried to the separate credit of the states within which they shall be collected.

That an annual account of the proceeds and application of all the afore-mentioned revenues shall be made out and transmitted to the several states, distinguishing the proceeds of each of the specified articles, and the amount of the whole revenue received from each state, together 'with the allowances made to the several officers employed in the collection of the said revenues.

That none of the preceding resolutions shall take effect until all of them shall be acceded to by every state; after which unanimous accession, however, they shall be considered as forming a mutual compact among all the states, and shall be irrevocable by any one or more of them, without the concurrence of the whole, or a majority of the United States in Congress assembled.

That, as a further mean, as well of hastening the extinguishment of the debts, as of establishing the harmony of the United States, it be recommended to the states which have passed no acts towards complying with the resolutions of Congress of the 6th of September, and 10th of October, 1780, relative to the cession of territorial claims, to make the liberal cessions therein recommended, and to the states which may have passed acts complying with the said resolutions in part only, to revise and complete such compliance.

That, as a more convenient and certain rule of ascertaining the proportions to be supplied by the states respectively to the common treasury,

the following alteration in the Articles of Confederation and Perpetual Union between these states, be, and the same is hereby agreed to in Congress; and the several states are advised 10 authorize their respective delegates to subscribe and ratify the same, as part of the said instrument of union, in the words following, to wit:

So much of the 8th of the Articles of Confederation and Perpetual Union, between the thirteen states of America, as is contained in the words following, to wit, “ All charges of war, and all other expenses that shall be incurred for the common defence or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the value of all land within each state, granted to or surveyed for any person, as such land, and the buildings and improvements thereon shall be estimated, according to such mode as the United States in Congress assembled shall from time to time direct and appoint,” is hereby revoked and made void ; and in place thereof, it is declared and concluded, the same having been agreed to in a Congress of the United States, that all charges of war, and all other expenses, that have been, or shall be, incurred for the common defence or general welfare, and allowed by the United States in Congress assembled, except so far as shall be otherwise provided for, shall be defrayed out of a common treasury, which shall be supplied by the several states in proportion to the whole number of white and other free citizens and inhabitants, of every age, sex, and condition, including those bound to servitude for a term of years, and three fifths of all other persons not comprehended in the foregoing description, except Indians not paying taxes, in each state ; which number shall be triennially taken and transmitted to the United States in Congress assembled, in such mode as they shall direct and appoint.

On the question to agree to the foregoing act, the yeas and nays being required by Mr. Arnold: New Hampshire, Mr. White,

.Ay.
Massachusetts,

Mr. Holten,.. .Ay.
Mr. Osgood,

Ay.
Mr. Gorham,

Mr. Higginson Ay.
Rhode Island,.... Mr. Collins,

.No.
Mr. Arnold,

No: } No.
Connecticut,

Mr. Ellsworth, .Ay.
Mr. Dyer,

..Ay. }

Ay.
New York,.....

Mr. Floyd,

.Ay.
Mr. Hamilton,

.No. 3

Divided.
New Jersey,

Mr. Boudinot, .Ay.
Mr. Clarke, .
Mr. Condict,

.Ay. S
Pennsylvania,.... .... Mr. Fitzsimmons,. ....Ay.

Mr. Peters,

..Ay.
Delaware,

Mr. M'Comb, ..Ay.

Mr. Bedford, ..Ay.
Maryland,

Mr. T. S. Lee, ..Ay.
Mr. Carroll,

..Ay.)
Virginia,....

Mr. Jones,

..Ay.
Mr. Madison, .Ay.
Mr. Mercer, ..Ay.
Mr. Bland,

..Ay.
North Carolina,.. Mr. Hawkins,

Mr. Williamson, ..Ay.
South Carolina,

Mr. Rutledge,
Mr. Gervais,

Ay.
Mr. Izard,

..Ay.
So it was resolved in the affirmative.

Ay Ay.

..Ay. Ay.

Ay.

Ay.
Ay.

Ay.

..Ay.Ay.

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