The Journal of the Debates in the Convention which framed the Constitution of USA Volume II Part 43

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

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

On the question on Art: XXII

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

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

Art: XXIII being taken up, as far as the words "a.s.signed by Congress"

inclusive, was agreed to nem: con: the blank having been first filled with the word "nine" as of course.

On a motion for postponing the residue of the clause, concerning the choice of the President &c.

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

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

M^r Gov^r Morris then moved to strike out the words "choose the President of the U. S. and"--this point, of choosing the President not being yet finally determined, & on this question

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

V^a ay. N. C. ay. S. C. ay.[48] Geo. ay.

[48] In printed Journal--S. C.--no.--Madison's Note.

Art: XXIII as amended was then agreed to nem: con:

The Report of the Grand Committee of eleven made by M^r Sherman was then taken up (see Aug: 28).

On the question to agree to the following clause, to be inserted after sect. 4. art: VII. "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"

M^r Madison thought the restriction w^d be inconvenient, as in the River Delaware, if a vessel cannot be required to make entry below the jurisdiction of Pennsylvania.

M^r Fitzimmons admitted that it might be inconvenient, but thought it would be a greater inconvenience to require vessels bound to Philad^a to enter below the jurisdiction of the State.

M^r Ghorum & M^r Langdon, contended that the Gov^t would be so fettered by this clause, as to defeat the good purpose of the plan. They mentioned the situation of the trade of Mas. & N. Hamps.h.i.+re, the case of Sandy Hook which is in the State of N. Jersey, but where precautions ag^{st} smuggling into N. York, ought to be established by the Gen^l Government.

M^r M^cHenry said the clause would not screen a vessel from being obliged to take an officer on board as a security for due entry &c.

M^r Carrol was anxious that the clause should be agreed to. He a.s.sured the House, that this was a tender point in Maryland.

M^r Jennifer urged the necessity of the clause in the same point of view.

On the question for agreeing to it

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

N. C. ay. S. C. no. Geo. ay.

The word "tonnage" was struck out, nem: con: as comprehended in "duties."

On question On the clause of the Report "and all duties, imposts & excises, laid by the Legislature shall be uniform throughout the U. S."

It was agreed to nem: con:[49]

[49] In printed Journal N. H. and S. C. entered as in the negative.--Madison's Note.

On motion of M^r Sherman it was agreed to refer such parts of the Const.i.tution 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, M^r Gilman, M^r King, M^r Sherman, M^r Brearly, M^r Gov^r Morris, M^r d.i.c.kinson, M^r Carrol, M^r Madison, M^r Williamson, M^r Butler, & M^r Baldwin.

The House adjourned.

SAt.u.r.dAY SEP^R 1. 1787 IN CONVENTION.

M^r Brearley from the Comm^e of eleven to which were referred yesterday the postponed part of the Const.i.tution, & parts of Reports not acted upon, made the following partial report.

That in lieu of the 9^{th} Sect: of Art: 6. the words following be inserted viz "The members of each House shall be ineligible to any Civil office under the authority of the U. S. during the time for which they shall respectively be elected, and no person holding an office under the U. S. shall be a member of either House during his continuance in office."

M^r Rutlidge from the Committee to whom were referred sundry propositions (see Aug: 29), together with art: XVI reported that the following additions be made to the Report--viz.

After the word "States" in the last line on the Margin of the 3^d page (see the printed Report),--add "to establish uniform laws on the subject of Bankruptcies."

And insert the following as Art: XVI 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, & proceedings shall be proved, and the effect which Judgments obtained in one State, shall have in another."

After receiving these reports

The House adjourned to 10OC on Monday next.

MONDAY SEP^R 3 1787. IN CONVENTION

M^r Gov^r Morris moved to amend the Report concerning the respect to be paid to Acts Records &c. of one State, in other States (see Sep^r 1.) 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 & Judicial proceedings.

M^r 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.

Doc^r Johnson thought the amendment as worded would authorize the Gen^l Legislature to declare the effect of Legislative acts of one State in another State.

M^r Randolph considered it as strengthening the general objection ag^{st} the plan, that its definition of the powers of the Government was so loose as to give it opportunities of usurping all the State powers. He was for not going farther than the Report, which enables the Legislature to provide for the effect of _Judgments_.

On the amendment, as moved by M^r Gov^r Morris

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

S. C. ay. Geo. no.