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
Col: Mason perceived the difficulty mentioned by M^r Gorham. The jury
cases cannot be specified. A general principle laid down on this and
some other 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.
M^r Gerry concurred in the idea & moved for a Committee to prepare a
Bill of Rights. Col: Mason 2^{ded} the motion.
M^r 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The State Declarations of Rights are not repealed by this Constitution;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 Com^e to prepare a Bill of Rights
N. H. no. Mas. abs^t. C^t no. N. J. no. P^a no. Del. no. M^d no.
V^a 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 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.
M^r Madison 2^{ded} 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 Gen^l Government to regulate trade
between State & State.
M^r Gov^r Morris saw no objection to the motion. He did not consider the
dollar per Hhd laid on Tob^o in Virg^a as a duty on exportation, as no
drawback would be allowed on Tob^o taken out of the Warehouse for
internal consumption.
M^r Dayton was afraid the proviso w^d enable Pennsylv^a to tax N. Jersey
under the idea of Inspection duties of which Pen^a would Judge.
M^r Gorham & M^r Langdon, thought there would be no security if the
proviso sh^d be agreed to, for the States exporting thro' other States,
ag^{st} these oppressions of the latter. How was redress to be obtained
in case duties should be laid beyond the purpose expressed?
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