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
To define & punish piracies and felonies on the high seas, and "punish"
offences against the law of nations.
M^r Gov^r Morris moved to strike out "punish" before the words "offences
ag^{st} the law of nations," so as to let these be _definable_ as well
as punishable, by virtue of the preceding member of the sentence.
M^r Wilson hoped the alteration would by no means be made. To pretend to
_define_ the law of nations which depended on the authority of all the
civilized nations of the world, would have a look of arrogance, that
would make us ridiculous.
M^r Gov^r Morris. The word _define_ is proper when applied to _offences_
in this case; the law of nations being often too vague and deficient to
be a rule.
On the question to strike out the word "punish" it passed in the
affirmative
N. H. ay. Mas. no. C^t ay. N. J. ay. P^a no. Del. ay. M^d no.
V^a no. N. C. ay. S. C. ay. Geo. no.
Doc^r Franklin moved[97] to add after the words "post roads" Art. I.
Sect. 8. "a power to provide for cutting canals where deemed necessary."
[97] This motion by D^r Franklin not stated in the printed
Journal, as are some other motions.--Madison's Note.
Wilson 2^{ded} the motion.
M^r Sherman objected. The expence in such cases will fall on the U.
States, and the benefit accrue to the places where the canals may be
cut.
M^r Wilson. Instead of being an expence to the U. S. they may be made a
source of revenue.
M^r Madison suggested an enlargement of the motion into a power "to
grant charters of incorporation where the interest of the U. S. might
require & the legislative provisions of individual States may be
incompetent." His primary object was however to secure an easy
communication between the States which the free intercourse now to be
opened, seemed to call for. The political obstacles being removed, a
removal of the natural ones as far as possible ought to follow. M^r
Randolph 2^{ded} the proposition.
M^r King thought the power unnecessary.
M^r Wilson. It is necessary to prevent _a State_ from obstructing the
_general_ welfare.
M^r King. The States will be prejudiced and divided into parties by it.
In Philad^a & New York. It will be referred to the establishment of a
Bank, which has been a subject of contention in those Cities. In other
places it will be referred to mercantile monopolies.
M^r Wilson mentioned the importance of facilitating by canals, the
communication with the Western settlements. As to Banks he did not think
with M^r King that the power in that point of view would excite the
prejudices & parties apprehended. As to mercantile monopolies they are
already included in the power to regulate trade.
Col: Mason was for limiting the power to the single case of Canals. He
was afraid of monopolies of every sort, which he did not think were by
any means already implied by the Constitution as supposed by M^r Wilson.
The motion being so modified as to admit a distinct question specifying
& limited to the case of canals,
Public-domain text, read in full here on John Shaqi.
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