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Carolina, * Georgia, aye-9; New Hampshire, no—1; Maryland, divided.
Article 23, as amended, was then agreed to, nem.
The Report of the Grand Committee of eleven, made by Mr. SHERMAN, was then taken up, (see the twenty-eighth of August.)
On the question to agree to the following clause, to be inserted after Article 7, Sect. 4: “nor shall any regulation of commerce or revenue give preference to the ports of one State over those of another," -agreed to, nem. con.
On the clause, “or oblige vessels bound to or from any State to enter, clear, or pay duties, in another,"
Mr. Madison thought the restriction would be inconvenient; as in the river Delaware, if a vessel cannot be required to make entry below the jurisdiction of Pennsylvania.
Mr. FITZSIMONS admitted that it might be inconvenient, but thought it would be a greater inconvenience, to require vessels bound to Philadelphia to enter below the jurisdiction of the State.
Mr. Gorham and Mr. LANGDON contended, that the Government would be so fettered by this clause, as to defeat the good purpose of the plan. They mentioned the situation of the trade of Massachusetts and New Hampshire, the case of Sandy Hook, which is in the State of New Jersey, but where precautions against smuggling into New York ought to be established by the General Government.
* In the printed Journal, South Carolina, no.
Mr. McHenry said, the clause would not screen a vessel from being obliged to take an officer on board, as a security for due entry, &c.
Mr. CARROLL was anxious that the clause should be agreed to. He assured the House, that this was a tender point in Maryland.
Mr. JENIFER urged the necessity of the clause in the same point of view.
On the question for agreeing to it, —
Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, aye—8; New Hampshire, South Carolina, no—2.
The word “ tonnage," was struck out, nem. con., as comprehended in “duties.”
On the question on the clause of the Report, “and all duties, imposts and excises, laid by the Legislature, shall be uniform throughout the United States," it was agreed to nem. con.*
On motion of Mr. SHERMAN, it was agreed to refer such parts of the Constitution as have been postponed, and such parts of Reports as have not been acted on, to a Committee of a member from each State; the Committee, appointed by ballot, being, Mr. GILMAN, Mr. King, Mr. SHERMAN, Mr. BREARLY, Mr. GOUVERNEUR MORRIS, Mr. DICKINSON, Mr. CarROLL, Mr. MADISON, Mr. WILLIAMSON, Mr. BUTLER, and Mr. BALDWIN.
* In the printed Journal, New Hampshire and South Carolina entered in the negative.
SATURDAY, SEPTEMBER 1st.
In Convention,-Mr. BREARLY, from the Committee of eleven to which were referred yesterday the postponed part of the Constitution, and parts of Reports not acted upon, made the following partial report :
“That in lieu of Article 6, Sect. 9, the words following be inserted, viz: The members of each House shall be ineligible to any civil office under the authority of the United States, during the time for which they shall respectively be elected; and no person holding an office under the United States shall be a member of either House during his continuance in office.' "
Mr. RUTLEDGE, from the Committee to whom were referred sundry propositions, (see twenty-ninth of August) together with Article 16, reported that the following additions be made to the Report, viz:
“ After the word 'States,' in the last line on the margin of the third page (see the printed Report,) add, 'to establish uniform laws on the subject of bankruptcies.'
"And insert the following as Article 16, viz: * Full faith and credit 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, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect which judgments obtained in one State, shall have in another.'”
After receiving these Reports, the House
MONDAY, SEPTEMBER 3D.
In Convention,-Mr. GOUVERNEUR Morris moved to amend the Report concerning the respect to be paid to acts, records, &c, of one State in other States (see the first of September) by striking out, “judgments obtained in one State shall have in another;" and to insert the word “thereof,” after the word "effect.”
Col. Mason favored the motion, particularly if the "effect” was to be restrained to judgments and judicial proceedings.
Mr. Wilson remarked, that if the Legislature were not allowed to declare the effect, the provision would amount to nothing more than what now takes place among all independent nations.
Doctor Johnson thought the amendment, as worded, would authorize the General Legislature to declare the effect of Legislative acts of one State in another State.
Mr. RANDOLPH considered it as strengthening the general objection against the plan, that its definition of the powers of the Government was loose as to give it opportunities of usurping all the State powers. He was for not going further than the Report, which enables the Legislature to provide for the effect of judgments.
On the amendment, as moved by Mr. GOUVERNEUR MORRIS,
Massachusetts, Connecticut, New Jersey, Pennsylvania, North Carolina, South Carolina, aye-6; Maryland, Virginia, Georgia, no—3.
On motion of Mr. Madison, the words, “ought to," were struck out, and “shall” inserted; and “shall,” between “Legislature” and “by general laws,” struck out, and “may” inserted, nem. con.
On the question to agree to the Report as amended, viz: “Full faith and credit shall be given in each State to the public acts, records and judicial proceedings of every other State, and the Legislature may, by general laws, prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof,"—it was agreed to without a count of the States 350
The clause in the Report, “ To establish uniform laws on the subject of bankruptcies,” being taken up,
Mr. Sherman observed, that bankruptcies were in some cases punishable with death, by the laws of England; and he did not choose to grant a power by which that might be done here.
Mr. Gouverneur Morris said, this was an extensive and delicate subject. He would agree to it because he saw no danger of abuse of the power by the Legislature of the United States.
On the question to agree to the clause, Connecticut alone was in the negative.
Mr. PINCKNEY moved to postpone the Report of the Committee of eleven (see the first of September) in order to take up the following:
“The members of each House shall be incapable of holding any office under the United States for which they, or any other for their benefit, receive any salary, fees or emoluments of any kind; and