Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
History
Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
Constitutional history -- United States -- Sources; United States. Constitution
“Commonwealth of Massachusetts. _Resolved_, That the form of government
lately proposed by a federal convention, held in the city of Philadelphia,
is so far injurious to the interests of this commonwealth, that we are
constrained by fidelity to our constituents to reject it; and we do hereby
reject the said proposed form and every part thereof. But in order that
the union of these states may, as far as possible, be promoted, and the
federal business as little obstructed as may be, we do agree on the part
of this commonwealth, that the following addition be made to the present
articles of confederation:
“XIV. The United States shall have power to regulate the intercourse
between these states and foreign dominions, under the following
restrictions; viz.: 1st. No treaty, ordinance, or law shall alienate the
whole or part of any state, without the consent of the legislature of such
state. 2d. The United States shall not by treaty or otherwise give a
preference to the ports of one state over those of another; nor, 3d,
create any monopolies or exclusive companies; nor, 4th, extend the
privileges of citizenship to any foreigner. And for the more convenient
exercise of the powers hereby and by the former articles given, the United
States shall have authority to constitute judicatories, whether supreme or
subordinate, with power to try all piracies and felonies done on the high
seas, and also all civil causes in which a foreign state, or subject
thereof, actually resident in a foreign country and not being British
absentees, shall be one of the parties. They shall also have authority to
try all causes in which ambassadors shall be concerned. All these trials
shall be by jury and in some sea-port town. All imposts levied by Congress
on trade shall be confined to foreign produce or foreign manufactures
imported, and to foreign ships trading in our harbours, and all their
absolute prohibitions shall be confined to the same articles. All imposts
and confiscations shall be to the use of the state in which they shall
accrue, excepting in such branches as shall be assigned by any state as a
fund for defraying their proportion of the continental. And no powers
shall be exercised by Congress but such as are expressly given by this and
the former articles. And we hereby authorize our delegates in Congress to
sign and ratify an article in the foregoing form and words, without any
further act of this state for that purpose, provided the other states
shall accede to this proposition on their part on or before the first day
of January, which will be in the year of our Lord 1790. All matters of
revenue being under the controul of the legislature, we recommend to the
general court of this commonwealth, to devise, as early as may be, such
funds arising from such branches of foreign commerce, as shall be equal to
our part of the current charges of the continent, and to put Congress in
possession of the revenue arising therefrom, with a right to collect it,
Public-domain text, read in full here on John Shaqi.
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