Mr Gerry urged the necessity of Juries to guard agst corrupt Judges. He proposed that the Committee last appointed should be directed to provide a clause for securing the trial by Juries. Col: Mason perceived the difficulty mentioned by Mr 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 ["would avoid" with the aid of Λ A stricken out] the State declarations, a bill might be prepared in a few hours. Mr Gerry concurred in the idea & moved ["for" written ent executive and judicial authorities should be fully and effectually vested in the general government of the Union: but the impropriety of delegating such extensive trust to one body of men is evident-Hence results the necessity of a different organization. It is obviously impracticable in the fœderal government of these States, to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all— Individuals entering into society, must give up a share of liberty to preserve the rest. The magnitude of the sacrifice must depend as well on situation and circumstance, as on the object to be obtained. It is at all times difficult to draw with precision the line between those rights which must be surrendered, and those which may be reserved; and on the present occasion this difficulty was encreased by a difference among the several States as to their situation, extent, habits, and particular interests. In all our deliberations on this subject we kept steadily in our view, that which appears to us the greatest interest of every true American, the consolidation of our Union, in which is involved our prosperity, felicity, safety, perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each State in the Convention to be less rigid on points of inferior magnitude, than might have been otherwise expected; and thus the Constitution, which we now present, is the result of a spirit upon "that"] a Committee to prepare a Bill of Rights. Col: Mason 2ded the motion. M 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 The State Declarations of Rights are not repealed by this Constitution; and being in force are sufficient There are many cases where juries are proper which cannot be discriminated.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 Come to prepare a Bill of Rights N. H. no. Mas. abs! C no. N– J– no. Pa no. Del– no. Ma no. Va no. N- C. no. S- C- no- Geo- no. of amity, and of that mutual deference and concession which the peculiarity of our political situation rendered indispensable. That it will meet the full and entire approbation of every State is not perhaps to be expected; but each will doubtless consider, that had her interest alone been consulted, the consequences might have been particularly disagreeable or injurious to others; that it is liable to as few exceptions as could reasonably have been expected, we hope and believe; that it may promote the lasting welfare of that country so dear to us all, and secure her freedom and happiness, is our most ardent wish. With great respect, We have the honor to be. SIR, Your EXCELLENCY'S most Obedient and humble Servants, George Washington, President. By unanimous Order of the CONVENTION. HIS EXCELLENCY The President of Congress. 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 & safe-keeping 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 ["an objection" stricken out] which he anticipated, to wit, that the States could provide for these expenses, by a tax ["i" written upon "o"]n some other way, he stated the inconveniency of requiring the Planters to pay a tax before the actual delivery for exportation. a remark M Madison 2ded 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 perhaps the explicitly such duties; tho' best guard against an abuse of the power of the States on this subject, was the right in the Gen! Government to regulate trade between State & State. no M Gov! Morris saw objection to the motion. He did not consider the dollar per Hhd laid on Tob in Virga as a duty on exportation, as no drawback would be allowed on Tob taken out of the Warehouse for internal consumption, M Dayton was afraid the proviso w enable Pennsylv2 to tax N, Jersey under the idea of Inspection duties of which Pen would Judge. Mr Gorham & M Langdon, thought there would be no security if the proviso sh be agreed to, for the States export ing thro' other States, agst ["these" stricken out] oppressions of the latter. How was redress to be obtained in case duties should be laid beyond the purpose expressed? by the plan M 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 agst injurious acts of the States. His own opinion was, that this was insufficient, ["for the case" stricken out]- A negative on the State laws alone. could ["guard agst" stricken out] meet all the shapes ["in" stricken out] which these could But this had been overruled. assume. M: Fitzimons. Incidental duties on Tob? & flour. never have been & never can be considered as duties on exportsM Dickinson. Nothing will save ["the" stricken out] States in the situation of N Jersey Delaware &c. from being oppressed by their Neighbors, but requiring the assent of N. Hampshire duties Λ Congs to inspection ["laws" stricken out], He moved that this assent sha accordingly be required Mr Butler 2ded the motion. Adjourned Thursday Sep 13. 1787. In Convention Col. Mason- 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 œconomical as republican views, he moved that a Committee be appointed to report articles of Association for encouraging by the advice 5 AP-47 the influence and the example of the members of the Convention, œconomy frugality and american manufactures. Doc Johnson 2ded the motion which was without debate agreed to- nem: con: and a Committee appointed, consisting of Col: Mason, Doc! Franklin, M Dickenson, Doc Johnson, and M Livingston.* laws in case of abuse Col: Mason renewed his proposition of yesterday on the subject of inspection, with an additional clause ["reserving to" stricken out] Congress a controul over them —as follows, giving to "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 prod uce, 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. Ct ay. Paño. Del. no. M ay. V ay. N- Cay. S. C. no- Geo, ay. ["The printed report" stricken out] The Report from the Committee of stile and arrangement, was taken up, in order to be compared with the articles of the plan as agreed to by the House & referred to the Committee, and to receive the final corrections ["and sanction" written upon “of the House"] of the Convention. On motion of Mr. Randolph Art: 1- sect. 2- the word "servitude" was struck out, and tunanimously. Λ "service" inserted, the former being thought to express the condition of Λ ["obligation" stricken out] slaves, & the latter the obligations of free persons. *This motion & appointment of the Comittee, not in the printed Journal. No report was made by the Come. [See list of yeas and nays." stricken out] See page 372 of the printed Journal |