Volume II Part 38 (1/2)

Col: Mason thought the amendment would be not only improper but dangerous, as the Gen^l Legislature would not sit constantly and therefore could not interpose at the necessary moments. He enforced his objection by appealing to the necessity of sudden embargoes during the war, to prevent exports, particularly in the case of a blockade.

M^r Gov^r Morris considered the provision as unnecessary; the power of regulating trade between State & State already vested in the Gen^l Legislature, being sufficient.

On the question

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

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

M^r Madison moved that the words ”nor lay imposts or duties on imports”

be transferred from art: XIII where the consent of the Gen^l Legislature may license the act--into art: XII which will make the prohibition of the States absolute. He observed that as the States interested in this power by which they could tax the imports of their neighbors pa.s.sing thro' their markets, were a majority, they could give the consent of the Legislature, to the injury of N. Jersey, N. Carolina &c.

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

M^r Sherman thought the power might safely be left to the Legislature of the U. States.

Col: Mason observed that particular States might wish to encourage by impost duties certain manufactures for which they enjoyed natural advantages, as Virginia, the manufacture of Hemp &c.

M^r Madison. The encouragement of Manufactures in that mode requires duties not only on imports directly from foreign Countries, but from the other States in the Union, which would revive all the mischiefs experienced from the want of a Gen^l Government over commerce.[45]

[45] August 28, 1787, New York, Hamilton wrote to King: ”I wrote to you some days since [August 20] to request you to inform me when there was a prospect of your finis.h.i.+ng, as I intended to be with you, for certain reasons, before the conclusion.

”It is whispered here that some late changes in your scheme have taken place which give it a higher tone. Is this the case?”--King's _Life and Correspondence of Rufus King_, _I_, 258.

On the question

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

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

Art: XII as amended agreed to nem: con:

Art: XIII being taken up. M^r King moved to insert after the word ”imports” the words ”or exports,” so as to prohibit the States from taxing either, & on this question it pa.s.sed in the affirmative.

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

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

M^r Sherman moved to add after the word ”exports”--the words ”nor with such consent but for the use of the U. S.”--so as to carry the proceeds of all State duties on imports & exports, into the common Treasury.

M^r Madison liked the motion as preventing all State imposts--but lamented the complexity we were giving to the commercial system.

M^r Gov^r Morris thought the regulation necessary to prevent the Atlantic States from endeavoring to tax the Western States--& promote their interest by opposing the navigation of the Mississippi which would drive the Western people into the arms of G. Britain.

M^r Clymer thought the encouragement of the Western Country was suicide on the old States. If the States have such different interests that they cannot be left to regulate their own manufactures without encountering the interests of other States, it is a proof that they are not fit to compose one nation.

M^r King was afraid that the regulation moved by M^r Sherman would too much interfere with the policy of States respecting their manufactures, which may be necessary. Revenue he reminded the House was the object of the general Legislature.

On M^r Sherman's motion