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
The remainder of the paragraph being under consideration--viz--"nor keep
troops nor ships of war in time of peace, nor enter into any agreement
or compact with another State, nor with any foreign power. Nor engage in
any war, unless it shall be actually invaded by enemies, or the danger
of invasion be so imminent as not to admit of delay, until Congress can
be consulted."
M^r M^cHenry & M^r Carrol moved that "no State shall be restrained from
laying duties of tonnage for the purpose of clearing harbours and
erecting lighthouses."
Col. Mason in support of this explained and urged the situation of the
Chesapeak which peculiarly required expences of this sort.
M^r Gov^r Morris. The States are not restrained from laying tonnage as
the Constitution now stands. The exception proposed will imply the
contrary, and will put the States in a worse condition than the
gentleman (Col. Mason) wishes.
M^r Madison. Whether the States are now restrained from laying tonnage
duties, depends on the extent of the power "to regulate commerce." These
terms are vague, but seem to exclude this power of the States. They may
certainly be restrained by Treaty. He observed that there were other
objects for tonnage Duties as the support of seamen &c. He was more &
more convinced that the regulation of Commerce was in its nature
indivisible and ought to be wholly under one authority.
M^r Sherman. The power of the U. States to regulate trade being supreme
can controul interferences of the State regulations when such
interferences happen; so that there is no danger to be apprehended from
a concurrent jurisdiction.
M^r Langdon insisted that the regulation of tonnage was an essential
part of the regulation of trade, and that the States ought to have
nothing to do with it. On motion "that no State shall lay any duty on
tonnage without the consent of Congress."
N. H. ay. Mas. ay. C^t div^d. N. J. ay. P^a no. Del. ay. M^d ay.
V^a no. N. C. no. S. C. ay. Geo. no.
The remainder of the paragraph was then remoulded and passed as follows
viz--"No State shall without the consent of Congress, lay any duty of
tonnage, keep troops or ships of war in time of peace, enter into any
agreement or compact with another State, or with a foreign power, or
engage in war, unless actually invaded, or in such imminent danger as
will not admit of delay."
Art II. sect. 1. (paragraph 6) "or the period for chusing another
president arrive" were changed into "or a President shall be elected"
conformably to a vote of the ---- of ----.
M^r Rutlidge and Doc^r Franklin moved to annex to the end of paragraph
7. Sect. 1. Art II--"and he (the President) shall not receive, within
that period, any other emolument from the U. S. or any of them." on
which question
N. H. ay. Mas. ay. C^t no. N. J. no. P^a ay. Del. no. M^d ay.
V^a ay. N. C. no. S. C. ay. Geo.--ay.
Art: II. Sect. 2. "he shall have power to grant reprieves and pardons
for offences against the U. S. &c."
Public-domain text, read in full here on John Shaqi.
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