The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
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
N. H. no. Mas. no. C^t ay. N. J. ay. P^a ay. Del. ay. M^d ay.
V^a ay. P^a ay. N. C. ay. S. C. ay. Geo. ay.
The motion of M^r Randolph was also committed nem: con:
M^r Gov^r Morris moved to commit also the following proposition on the
same subject.
"Full faith ought to be given in each State to the public acts,
records, and judicial proceedings of every other State; and the
Legislature shall by general laws, determine the proof and
effect of such acts, records, and proceedings" and it was
committed nem. contrad:
The Committee appointed for these references, were M^r Rutlidge, M^r
Randolph, M^r Gorham, M^r Wilson, & M^r Johnson.
M^r Dickenson mentioned to the House that on examining Blackstone's
Commentaries, he found that the term "ex post facto" related to criminal
cases only; that they would not consequently restrain the States from
retrospective laws in civil cases, and that some further provision for
this purpose would be requisite.
Art: VII Sect. 6 by y^e Co[~m]ittee of eleven reported to be struck out
(see the 24 instant) being now taken up.
M^r Pinkney moved to postpone the Report in favor of the following
proposition--"That no act of the Legislature for the purpose of
regulating the commerce of the U. S. with foreign powers among the
several States, shall be passed without the assent of two thirds of the
members of each House." He remarked that there were five distinct
commercial interests. 1. the fisheries & W. India trade, which belonged
to the N. England States. 2. the interest of N. York lay in a free
trade. 3. Wheat & flour the Staples of the two middle States (N. J. &
Penn^a). 4. Tob^o the staple of Maryl^d & Virginia & partly of N.
Carolina. 5. Rice & Indigo, the staples of S. Carolina & Georgia. These
different interests would be a source of oppressive regulations if no
check to a bare majority should be provided. States pursue their
interests with less scruple than individuals. The power of regulating
commerce was a pure concession on the part of the S. States. They did
not need the protection of the N. States at present.
M^r Martin 2^{ded} the motion.
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