will not consent where he ought, every fourth year another can be substituted. This term was not too long for fair experiments. Many good laws are not tried long enough to prove their merit. This is often the case with new laws opposed to old habits. The inspection laws of Virginia and Maryland, to which all are now so much attached, were unpopular at first.

Mr. PINCKNEY was warmly in opposition to threefourths, as putting a dangerous power in the hands of a few Senators headed by the President.

Mr. MADISON. When three-fourths was agreed to, the President was to be elected by the Legislature, and for seven years. He is now to be elected by the people, and for four years. The object of the revisionary power is two-fold,-first, to defend the Executive rights; secondly, to prevent popular or factious injustice. It was an important principle in this and in the State Constitutions, to check legislative injustice and encroachments. The experience of the States had demonstrated that their checks are insufficient. We must compare the danger from the weakness of two-thirds, with the danger from the strength of three-fourths. He thought, on the whole, the former was the greater. As to the difficulty of repeals, it was probable that in doubtful cases, the policy would soon take place, of limiting the duration of laws, so as to require renewal instead of repeal.

The reconsideration being agreed to,

On the question to insert two-thirds in place of three-fourths,

Connecticut, New Jersey, Maryland, (Mr. Mc

HENRY, no,) North Carolina, South Carolina, Georgia, aye-6; Masachusetts, Pennsylvania, Delaware, Virginia, (General WASHINGTON, Mr. BLAIR, Mr. MADISON, no; Colonel MASON, Mr. RANDOLPH, aye,) no-4; New Hampshire, divided.

Mr. WILLIAMSON observed to the House, that no provision was yet made for juries in civil cases, and suggested the necessity of it.

Mr. GORHAM. It is not possible to discriminate equity cases from those in which juries are proper. The Representatives of the people may be safely trusted in this matter.

Mr. GERRY urged the necessity of juries to guard against corrupt judges. He proposed that the Committee last appointed should be directed to provide a clause for securing the trial by juries.

Colonel 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, and would second a motion if made for the purpose. It would give great quiet to the people; and with the aid of the State Declarations, a bill might be prepared in a few hours.

Mr. GERRY concurred in the idea, and moved for a Committee to prepare a Bill of Rights.

Colonel MASON seconded the motion.

Mr. 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.

Colonel MASON. The laws of the United States are to be paramount to State Bills of Rights.

On the question for a Committee to prepare a Bill of Rights,

New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, aye-5; Maryland, Virginia, North Carolina, South Carolina, Georgia, no—5; Massachusetts, absent.365

The clause relating to exports being reconsidered, at the instance of Colonel MASON,-who urged that the restrictions on the States would prevent the incidental duties necessary for the inspection and 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 a remark which he anticipated, to wit, that the States could provide for these expenses, by a tax in some other way, he stated the inconvenience of requiring the planters to pay a tax before the actual delivery for exportation.

Mr. MADISON seconded 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 explicitly such duties; though perhaps the best guard against an an abuse of the power of the States on this subject

was the right in the General Government to regulate trade between State and State.

Mr. GOUVERNEUR MORRIS saw no objection to the motion. He did not consider the dollar per hogshead laid on tobacco in Virginia, as a duty on exportation, as no draw-back would be allowed on tobacco taken out of the warehouse for internal consumption.

Mr. DAYTON was afraid the proviso would enable Pennsylvania to tax New Jersey under the idea of inspection duties of which Pennsylvania would judge.

Mr. GORHAM and Mr. LANGDON thought there would be no security, if the proviso should be agreed to, for the States exporting through other States, against these oppressions of the latter. How was redress to be obtained, in case duties should be laid beyond the purpose expressed?

Mr. 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 by the plan against injurious acts of the States. His own opinion was, that this was was insufficient. A negative on the State laws alone could meet all the shapes which these could assume. But this had been overruled.

Mr. FITZSIMONS. Incidental duties on tobacco and flour never have been, and never can be, considered as duties on exports.

Mr. DICKINSON. Nothing will save the States in the situation of New Hampshire, New Jersey, Delaware, &c., from being oppressed by their neighbours, but requiring the assent of Congress to inspection

duties. He moved that this assent should accord

ingly be required.

Mr. BUTLER seconded the motion.

Adjourned.

THURSDAY, SEPTEMBER 13TH.

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 economical as republican views, he moved that a committee be appointed to report articles of association for encouraging, by the advice, the influence, and the example, of the members of the Convention, economy, frugality, and American manufactures.

Doctor JOHNSON seconded the motion; which was, without debate, agreed to, nem. con.; and a committee appointed, consisting of Colonel MASON, Doctor FRANKLIN, Mr. DICKINSON, Doctor JOHNSON and Mr. LIVINGSTON.*

Col. MASON renewed his proposition of yesterday on the subject of inspection laws, with an additional clause giving to Congress a control over them in case of abuse-as follows:

"Provided, that no State shall be restrained from imposing the usual duties on produce exported from

* This motion, and appointment of the committee, do not appear in the printed Journal. No report was made by the Committee.