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
M^r 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 ag^{st} injurious acts of the
States. His own opinion was, that this was sufficient. A negative on the
State laws alone could meet all the shapes which these could assume. But
this had been overruled.
M^r Fitzimmons. Incidental duties on Tob^o & flour never have been &
never can be considered as duties on exports.
M^r Dickinson. Nothing will save the States in the situation of N.
Hampshire N. Jersey Delaware &c. from being oppressed by their
neighbors, but requiring the assent of Cong^s to inspection duties. He
moved that this assent sh^d accordingly be required.
M^r Butler 2^{ded} the motion.
Adjourned.
THURSDAY SEP^R 13. 1787. IN CONVENTION
Col. Mason.[93] 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 oeconomical 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,
oeconomy frugality and american manufactures.
[93] The dissensions among the Virginia delegates had leaked
out, for Joseph Jones, Fredericksburg, September 13, 1787,
wrote to Madison that a rumor of their disagreement was
current in Virginia.--Chicago Historical Society MSS.
Doc^r Johnson 2^{ded} the motion which was without debate agreed to,
nem: con: and a Committee appointed, consisting of Col: Mason, Doc^r
Franklin, M^r Dickenson, Doc^r Johnson and M^r Livingston.[94]
[94] This motion, & appointment of the Co[~m]ittee, not in the
printed Journal. No report was made by the Com^e--Madison's
Note.
Col: Mason renewed his proposition of yesterday on the subject of
inspection laws, with an additional clause giving to Congress a controul
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 controul of
Congress."
There was no debate & on the question
N. H. ay. Mas. ay. C^t ay. P^a no. Del. no. M^d ay. V^a ay. N.
C. ay. S. C. no. Geo. ay.
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