On the question for allowing six to North Carolina, it passed in the negative,

Maryland, Virginia, North Carolina, South Carolina, Georgia, aye-5; New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, no-6.

Article 1, Sect. 10, (the second paragraph) "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 United States."

In consequence of the proviso moved by Colonel MASON, and agreed to on the 13th of Sept., (Page 1568.) this part of the Section was laid aside in favor of the following substitute, 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 United States; and all such laws shall be subject to the revision and control of the Congress."

On the motion to strike out the last part," and all such laws shall be subject to the revision and control of the Congress," it passed in the negative,

Virginia, North Carolina, Georgia,aye-3; New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, South Carolina, no-7; Pennsylvania, divided.

The substitute was then agreed to,-Virginia alone being in the negative.

The remainder of the paragraph being under con

sideration, viz: "nor keep troops nor ships of war in time of peace, nor enter into any agreement or compact with another State, nor with any foreign power, nor engage in any war, unless it shall be actually invaded by enemies, or the danger of invasion be so imminent as not to admit of delay, until Congress can be consulted,"—

Mr. MCHENRY and Mr. CARROLL moved, that "no State shall be restrained from laying duties of tonnage for the purpose of clearing harbours and erecting light-houses."

Colonel MASON, in support of this, explained and urged the situation of the Chesapeake, which peculiarly required expenses of this sort.

Mr. GOUVERNEUR MORRIS. The States are not restrained from laying tonnage, as the Constitution now stands. The exception proposed will imply the contrary, and will put the States in a worse condition than the gentleman (Col. MASON) wishes.

Mr. MADISON. Whether the States are now restrained from laying tonnage duties, depends on the extent of the power "to regulate commerce." These terms are vague, but seem to exclude this power of the States. They may certainly be restrained by treaty. He observed that there were other objects for tonnage duties, as the support of seamen, &c. He was more and more convinced that the regulation of commerce was in its nature indivisible, and ought to be wholly under one authority.

Mr. SHERMAN. The power of the United States to regulate trade being supreme, can control interferences of the State regulations, when such inter

ferences happen; so that there is no danger to be apprehended from a concurrent jurisdiction.

Mr. LANGDON insisted that the regulation of tonnage was an essential part of the regulation of trade, and that the States ought to have nothing to do with it.

On motion, "that no State shall lay any duty on tonnage without the consent of Congress,"

New Hampshire, Massachusetts, New Jersey, Delaware, Maryland, South Carolina, aye-6; Pennsylvania, Virginia, North Carolina, Georgia, no—4; Connecticut, divided.

The remainder of the paragraph was then remoulded and passed, as follows, viz: "No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay."

Article 2, Sect. 1, (the sixth paragraph) the words, "or the period for choosing another President arrive," were changed into, "or a President shall be elected," conformably to a vote of the seventh of September.

Mr. RUTLEDGE and Doctor FRANKLIN moved to annex to the end of the seventh paragraph of Article 2, Sect. 1, "and he (the President) shall not receive, within that period, any other emolument from the United States or any of them."

On which question,

New Hampshire, Massachusetts,

Massachusetts, Pennsylva

nia, Maryland, Virginia, South Carolina, Georgia,

aye-7; Connecticut, New Jersey, Delaware, North Carolina, no 4.

Article 2, Sect. 2. "He shall have power to grant reprieves and pardons for offences against the United States," &c.

Mr. RANDOLPH moved to except "L cases of treason." The prerogative of pardon in these cases was too great a trust. The President may himself be guilty. The traitors may be his own instru

ments.

Col. MASON Supported the motion.

Mr. GOUVERNEUR MORRIS had rather there should be no pardon for treason, than let the

on the Legislature.

power devolve

Mr. WILSON. Pardon is necessary for cases of treason, and is best placed in the hands of the Executive. If he be himself a party to the guilt, he can be impeached and prosecuted.

Mr. KING thought it would be inconsistent with the constitutional separation of the Executive and Legislative powers, to let the prerogative be exercised by the latter. A legislative body is utterly unfit for the purpose. They are governed too much by the passions of the moment. In Massachusetts, one assembly would have hung all the insurgents in that State: the next was equally disposed to pardon them all. He suggested the expedient of requiring the concurrence of the Senate in acts of pardon.

Mr. MADISON admitted the force of objections to the Legislature, but the pardon of treasons was so peculiarly improper for the President, that he should acquiesce in the transfer of it to the former, rather than leave it altogether in the hands of the latter.

He would prefer to either, an association of the Senate, as a council of advice, with the President.

Mr. RANDOLPH could not admit the Senate into a share of the power. The great danger to liberty lay in a combination between the President and that body.

Col. MASON. The Senate has already too much power. There can be no danger of too much lenity in legislative pardons, as the Senate must concur; and the President moreover can require two-thirds of both Houses.

On the motion of Mr. RANDOLPH,

Virginia, Georgia, aye-2; New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, South Carolina, no-8; Connecticut, divided.

Article 2, Section 2, (the second paragraph). To the end of this Mr. GOUVERNEUR MORRIS moved to annex, "but the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments."

Mr. SHERMAN seconded the motion.

Mr. MADISON. It does not go far enough, if it be necessary at all. Superior officers below heads of departments ought in some cases to have the appointment of the lesser offices.

Mr. GOUVERNEUR MORRIS. There is no necessity. Blank commissions can be sent.

On the motion,-New Hampshire, Connecticut, New Jersey, Pennsylvania, North Carolina, aye—5; Massachusetts, Delaware, Virginia, South Carolina, Georgia, no-5; Maryland, divided.