The Journal of the Debates in the Convention which framed the Constitution of USA Volume II Part 59

Art 1. Sect. 9. "no capitation tax shall be laid, unless &c."

M^r Read moved to insert after "capitation" the words, "or other direct tax." He was afraid that some liberty might otherwise be taken to saddle the States, with a readjustment by this rule, of past requisitions of Cong^s--and that his amendment by giving another cast to the meaning would take away the pretext. M^r Williamson 2^{ded} the motion which was agreed to. On motion of Col: Mason "or enumeration" inserted after, as explanatory of "Census" Con. & S. C. only, no.[99]

[99] The words "Con. & S. C. only no" are in the handwriting of John C. Payne, Madison's brother-in-law.

At the end of the clause "no tax or duty shall be laid on articles exported from any State" was added the following amendment conformably to a vote on the [31] of [August] viz--no preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another: nor shall vessels bound to or from one State, be obliged to enter, clear or pay duties in another.

Col. Mason moved a clause requiring "that an Account of the public expenditures should be annually published" M^r Gerry 2^{ded} the motion,

M^r Gov^r Morris urged that this w^d be impossible in many cases.

M^r King remarked, that the term expenditures went to every minute s.h.i.+lling. This would be impracticable. Cong^s might indeed make a monthly publication, but it would be in such general statements as would afford no satisfactory information.

M^r Madison proposed to strike out "annually" from the motion & insert "from time to time," which would enjoin the duty of frequent publications and leave enough to the discretion of the Legislature.

Require too much and the difficulty will beget a habit of doing nothing.

The articles of Confederation require halfyearly publications on this subject. A punctual compliance being often impossible, the practice has ceased altogether.

M^r Wilson 2^{ded}. & supported the motion. Many operations of finance cannot be properly published at certain times.

M^r Pinkney was in favor of the motion.

M^r Fitzimmons. It is absolutely impossible to publish expenditures in the full extent of the term.

M^r Sherman thought "from time to time" the best rule to be given.

"Annual" was struck out--& those words--inserted nem: con:

The motion of Col: Mason so amended was then agreed to nem: con: and added after--"appropriations by law" as follows--"And a regular statement and account of the receipts & expenditures of all public money shall be published from time to time."

The first clause of Art. 1 Sect. 10--was altered so as to read--"no State shall enter into any Treaty alliance or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold & silver coin a tender in payment of debts; pa.s.s any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any t.i.tle of n.o.bility."

M^r Gerry entered into observations inculcating the importance of public faith, and the propriety of the restraint put on the States from impairing the obligation of contracts, alledging that Congress ought to be laid under the like prohibitions, he made a motion to that effect. He was not 2^{ded}.

Adjourned.

SAt.u.r.dAY SEP^R 15^{TH}. 1787. IN CONVENTION

M^r Carrol reminded the House that no address to the people had yet been prepared. He considered it of great importance that such an one should accompany the Const.i.tution. The people had been accustomed to such on great occasions, and would expect it on this. He moved that a Committee be appointed for the special purpose of preparing an address.

M^r Rutlidge objected on account of the delay it would produce and the impropriety of addressing the people before it was known whether Congress would approve and support the plan. Congress if an address be thought proper can prepare as good a one. The members of the Convention can also explain the reasons of what has been done to their respective Const.i.tuents.

M^r Sherman concurred in the opinion that an address was both unnecessary and improper.

On the motion of M^r Carrol

N. H. no. Mas. no. C^t no. N. J. no. P^a ay. Del. ay. M^d ay.

V^a ay. N. C.[100] abs^t. S. C.[100] no. Geo. no.

[100] In the printed Journal N. Carolina no--S. Carol: omitted.--Madison's Note.

M^r Langdon. Some gentlemen have been very uneasy that no increase of the number of Representatives has been admitted. It has in particular been thought that one more ought to be allowed to N. Carolina. He was of opinion that an additional one was due both to that State and to Rho: Island, & moved to reconsider for that purpose.

M^r Sherman. When the Committee of eleven reported the apportionment--five Representatives were thought the proper share of N.

Carolina. Subsequent information however seemed to ent.i.tle that State to another.

On the motion to reconsider

N. H. ay. Mas. no. C^t ay. N. J. no. Pen. div^d. Del. ay.

M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Langdon moved to add 1 member to each of the Representations of N.

Carolina & Rho: Island.[101]

[101] The MS. official Journal says: "It was moved and seconded to"----and here finally ends, and the minutes for September 15 are crossed out (Const. MSS.). They are given in the printed Journal, and a note says the journal for that day and Monday was completed from minutes furnished by Madison (p. 379). October 22, 1818, Adams wrote to Madison asking him to complete the Journal. He replied from Montpelier, November 2:

"I have received your letter of 22 ult: and enclose such extracts from my notes relating to the two last days of the Const.i.tution, as may fill in the chasm in the Journals, according to the mode in which the proceedings are recorded."--State Dept. MSS., Miscl. Letters.

Later (June 18, 1819) Adams sent him lists of yeas and nays, and he replied (Montpelier, June 27, 1819): "I return the list of yeas & nays in the Convention, with the blanks filled in according to your request, as far as I could do it by tracing the order of the yeas & nays & their coincidency with those belonging to successive questions in my papers."--Mad. MSS.

M^r King was ag^{st} any change whatever as opening the door for delays.

There had been no official

proof that the numbers of N. C. are greater than before estimated, and he never could sign the Const.i.tution if Rho: Island is to be allowed two members that is one fourth of the number allowed to Ma.s.sts., which will be known to be unjust.

M^r Pinkney urged the propriety of increasing the number of Rep^s allotted to N. Carolina.

M^r Bedford contended for an increase in favor of Rho: Island, and of Delaware also it pa.s.sed in the negative.

On the question for allowing two Rep^s to Rho: Island, it pa.s.sed in the negative.

N. H. ay. Mas. no. C^t no. N. J. no. P^a no. Del. ay. M^d ay.

V^a no. N. C. ay. S. C. no. Geo. ay.

On the question for allowing six to N. Carolina, it pa.s.sed in the negative

N. H. no. Mas. no. C^t no. N. J. no. P^a no. Del. no. M^d ay.

V^a ay. N. C. ay. S. C. ay. Geo. ay.

Art 1. Sect. 10. (paragraph 2) "No State shall, without the consent of Congress lay imposts or duties on imports or exports; nor with such consent, but to the use of the Treasury of the U. States."

In consequence of the proviso moved by Col: Mason; and agreed to on the 13 Sep^r, this part of the section was laid aside in favor of the following subst.i.tute viz: "No State shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its Inspection laws; and the nett produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of the U. S.; and all such laws shall be subject to the revision and controul of the Congress"

On a motion to strike out the last part "and all such laws shall be subject to the revision and controul of the Congress" it pa.s.sed in the negative.

N. H. no. Mas. no. C^t no. N. J. no. P^a div^d. Del. no. M^d no.

V^a ay. N. C. ay. S. C. no. Geo. ay.