The Journal of the Debates in the Convention which framed the Constitution of USA Volume II Part 39

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

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

The motion of M^r Randolph was also committed nem: con:

M^r Gov^r Morris moved to commit also the following proposition on the same subject.

"Full faith ought to be given in each State to the public acts, records, and judicial proceedings of every other State; and the Legislature shall by general laws, determine the proof and effect of such acts, records, and proceedings" and it was committed nem. contrad:

The Committee appointed for these references, were M^r Rutlidge, M^r Randolph, M^r Gorham, M^r Wilson, & M^r Johnson.

M^r d.i.c.kenson mentioned to the House that on examining Blackstone's Commentaries, he found that the term "ex post facto" related to criminal cases only; that they would not consequently restrain the States from retrospective laws in civil cases, and that some further provision for this purpose would be requisite.

Art: VII Sect. 6 by y^e Co[~m]ittee of eleven reported to be struck out (see the 24 instant) being now taken up.

M^r Pinkney moved to postpone the Report in favor of the following proposition--"That no act of the Legislature for the purpose of regulating the commerce of the U. S. with foreign powers among the several States, shall be pa.s.sed without the a.s.sent of two thirds of the members of each House." He remarked that there were five distinct commercial interests. 1. the fisheries & W. India trade, which belonged to the N. England States. 2. the interest of N. York lay in a free trade. 3. Wheat & flour the Staples of the two middle States (N. J. & Penn^a). 4. Tob^o the staple of Maryl^d & Virginia & partly of N.

Carolina. 5. Rice & Indigo, the staples of S. Carolina & Georgia. These different interests would be a source of oppressive regulations if no check to a bare majority should be provided. States pursue their interests with less scruple than individuals. The power of regulating commerce was a pure concession on the part of the S. States. They did not need the protection of the N. States at present.

M^r Martin 2^{ded} the motion.

Gen^l Pinkney said it was the true interest of the S. States to have no regulation of commerce; but considering the loss brought on the commerce of the Eastern States by the revolution, their liberal conduct towards the views[46] of South Carolina, and the interest the weak South^n States had in being united with the strong Eastern States, he thought it proper that no fetters should be imposed on the power of making commercial regulations, and that his const.i.tuents though prejudiced against the Eastern States, would be reconciled to this liberality. He had himself, he said, prejudices ag^{st} the Eastern States before he came here, but would acknowledge that he had found them as liberal and candid as any men whatever.

[46] He meant the permission to import slaves. An understanding on the two subjects of _navigation_ and _slavery_, had taken place between those parts of the Union, which explains the vote on the motion depending, as well as the language of Gen^l Pinkney & others.--Madison's Note.

M^r Clymer. The diversity of commercial interests of necessity creates difficulties, which ought not to be increased by unnecessary restrictions. The Northern & middle States will be ruined, if not enabled to defend themselves against foreign regulations.

M^r Sherman, alluding to M^r Pinkney's enumeration of particular interests, as requiring a security ag^{st} abuse of the power; observed that the diversity was of itself a security, adding that to require more than a majority to decide a question was always embarra.s.sing as had been experienced in cases requiring the votes of nine States in Congress.

M^r Pinkney replied that his enumeration meant the five minute interests. It still left the two great divisions of Northern & Southern interests.

M^r Gov^r Morris, opposed the object of the motion as highly injurious.

Preferences to american s.h.i.+ps will multiply them, till they can carry the Southern produce cheaper than it is now carried.--A navy was essential to security, particularly of the S. States, and can only be had by a navigation act encouraging american bottoms & seamen. In those points of view then alone, it is the interest of the S. States that navigation acts should be facilitated. s.h.i.+pping he said was the worst & most precarious kind of property, and stood in need of public patronage.

M^r Williamson was in favor of making two thirds instead of a majority requisite, as more satisfactory to the Southern people. No useful measure he believed had been lost in Congress for want of nine votes. As to the weakness of the Southern States, he was not alarmed on that account. The sickliness of their climate for invaders would prevent their being made an object. He acknowledged that he did not think the motion requiring 2/3 necessary in itself, because if a majority of the Northern States should push their regulations too far the S. States would build s.h.i.+ps for themselves: but he knew the Southern people were apprehensive on this subject and would be pleased with the precaution.

M^r Spaight was against the motion. The Southern States could at any time save themselves from oppression, by building s.h.i.+ps for their own use.

M^r Butler differed from those who considered the rejection of the motion as no concession on the part of the S. States. He considered the interest of these and of the Eastern States, to be as different as the interests of Russia and Turkey. Being notwithstanding desirous of conciliating the affections of the East: States, he should vote ag^{st} requiring 2/3 instead of a majority.

Col: Mason. If the Gov^t is to be lasting, it must be founded in the confidence & affections of the people, and must be so constructed as to obtain these. The _Majority_ will be governed by their interests. The Southern States are the _minority_ in both Houses. Is it to be expected that they will deliver themselves bound hand & foot to the Eastern States, and enable them to exclaim, in the words of Cromwell on a certain occasion--"the lord hath delivered them into our hands."

M^r Wilson took notice of the several objections and remarked that if every peculiar interest was to be secured, _unanimity_ ought to be required. The majority he said would be no more governed by interest than the minority. It was surely better to let the latter be bound hand and foot than the former. Great inconveniences had, he contended, been experienced in Congress from the article of confederation requiring nine votes in certain cases.

M^r Madison went into a pretty full view of the subject. He observed that the disadvantage to the S. States from a navigation act, lay chiefly in a temporary rise of freight, attended however with an increase of South^n as well as Northern s.h.i.+pping--with the emigration of Northern Seamen & merchants to the Southern States--& with a removal of the existing & injurious retaliations among the States on each other.

The power of foreign nations to obstruct our retaliating measures on them by a corrupt influence would also be less if a majority sh^d be made competent than if 2/3 of each House sh^d be required to legislative acts in this case. An abuse of the power would be qualified with all these good effects. But he thought an abuse was rendered improbable by the provision of 2 branches--by the independence of the Senate, by the negative of the Executive, by the interest of Connecticut & N. Jersey which were agricultural, not commercial States; by the interior interest which was also agricultural in the most commercial States, by the accession of Western States which w^d be altogether agricultural. He added that the Southern States would derive an essential advantage in the general security afforded by the increase of our maritime strength.

He stated the vulnerable situation of them all, and of Virginia in particular. The increase of the coasting trade, and of seamen, would also be favorable to the S. States, by increasing, the consumption of their produce. If the wealth of the Eastern should in a still greater proportion be augmented, that wealth w^d contribute the more to the public wants, and be otherwise a national benefit.

M^r Rutlidge was ag^{st} the motion of his colleague. It did not follow from a grant of the power to regulate trade, that it would be abused. At the worst a navigation act could bear hard a little while only on the S.

States. As we are laying the foundation for a great empire, we ought to take a permanent view of the subject and not look at the present moment only. He reminded the House of the necessity of securing the West India trade to this country. That was the great object, and a navigation act was necessary for obtaining it.

M^r Randolph said that there were features so odious in the const.i.tution as it now stands, that he doubted whether he should be able to agree to it. A rejection of the motion would compleat the deformity of the system. He took notice of the argument in favor of giving the power over trade to a majority, drawn from the opportunity foreign powers would have of obstructing retaliatory measures if two thirds were made requisite. He did not think there was weight in that consideration. The difference between a majority & two thirds did not afford room for such an opportunity. Foreign influence would also be more likely to be exerted on the President who could require three fourths by his negative. He did not mean however to enter into the merits. What he had in view was merely to pave the way for a declaration which he might be hereafter obliged to make if an acc.u.mulation of obnoxious ingredients should take place, that he could not give his a.s.sent to the plan.

M^r Gorham. If the Government is to be so fettered as to be unable to relieve the Eastern States what motive can they have to join in it, and thereby tie their own hands from measures which they could otherwise take for themselves. The Eastern States were not led to strengthen the Union by fear for their own safety. He deprecated the consequences of disunion, but if it should take place it was the Southern part of the Continent that had most reason to dread them. He urged the improbability of a combination against the interest of the Southern States, the different situations of the Northern & Middle States being a security against it. It was moreover certain that foreign s.h.i.+ps would never be altogether excluded especially those of Nations in treaty with us.

On the question to postpone in order to take up M^r Pinkney's motion

N. H. no. Ma.s.s. no. C^t no. N. J. no. P^a no. Del. no.

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

The Report of the Committee for striking out Sect. 6. requiring two thirds of each House to pa.s.s a navigation act was then agreed to, nem: con:

M^r Butler moved to insert after Art: XV. "If any person bound to service or labor in any of the U. States shall escape into another State, he or she shall not be discharged from such service or labor, in consequence of any regulations subsisting in the State to which they escape, but shall be delivered up to the person justly claiming their service or labor," which was agreed to nem: con:

Art: XVII being taken up, M^r Gov^r Morris moved to strike out the two last sentences, to wit "If the admission be consented to, the new States shall be admitted on the same terms with the original States. But the Legislature may make conditions with the new States, concerning the public debt which shall be then subsisting."--He did not wish to bind down the Legislature to admit Western States on the terms here stated.

M^r Madison opposed the motion, insisting that the Western States neither would nor ought to submit to a union which degraded them from an equal rank with the other States.

Col: Mason. If it were possible by just means to prevent emigrations to the Western Country, it might be good policy. But go the people will as they find it for their interest, and the best policy is to treat them with that equality which will make them friends not enemies.

M^r Gov^r Morris did not mean to discourage the growth of the Western Country. He knew that to be impossible. He did not wish however to throw the power into their hands.

M^r Sherman, was ag^{st} the motion & for fixing an equality of privileges by the Const.i.tution.

M^r Langdon was in favor of the motion, he did not know but circ.u.mstances might arise which would render it inconvenient to admit new States on terms of equality.

M^r Williamson was for leaving the Legislature free. The existing _small_ States enjoy an equality now, and for _that_ reason are admitted to it in the Senate. This reason is not applicable to new Western States.

On M^r Gov^r Morris's motion for striking out.

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

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

M^r L. Martin & M^r Gov^r Morris moved to strike out of art XVII, "but to such admission the consent of two thirds of the members present shall be necessary." Before any question was taken on this motion,

M^r Gov^r Morris moved the following proposition as a subst.i.tute for the XVII Art:

"New States may be admitted by the Legislature into this Union; but no new State shall be erected within the limits of any of the present States, without the consent of the Legislature of such State, as well as of the Gen^l Legislature."

The first part to Union inclusive was agreed to nem: con:

M^r L. Martin opposed the latter part. Nothing he said would so alarm the limited States as to make the consent of the large States claiming the Western lands, necessary to the establishment of new States within their limits. It is proposed to guarantee the States. Shall Vermont be reduced by force in favor of the States claiming it? Frankland & the Western county of Virginia were in a like situation.

On M^r Gov^r Morris's motion to subst.i.tute &c. it was agreed to.

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

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

Art: XVII--before the House, as amended.

M^r Sherman was against it. He thought it unnecessary. The Union cannot dismember a State without its consent.