Elliot’s Debates: August 28, Journal of the Federal Convention
Elliot’s Debates: Volume 1
August 28, Journal of the Federal Convention
Tuesday, August 28, 1787.
The Hon. Mr. Sherman, from the committee to whom were referred several propositions entered on the Journal of the 25th inst., informed the house that the committee were prepared to report. The report was then delivered in at the secretary’s table, was read, and is as follows:
“The committee report that the following be inserted after the 4th clause of the 7th section:
“‘Nor shall any regulation of commerce or revenue give preference to the ports of one state over those of another, or oblige vessels bound to or from any state to enter or pay duties in another.
“‘And all tonnage, duties, imposts, and excises, laid by the legislature, shall be uniform throughout the United States.’”
It was moved and seconded to strike out the words “it shall be appellate,” and insert the words “the Supreme Court shall have appellate jurisdiction,” 3d section, 11th article; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, 9. Nay: Maryland, 1.
It was moved and seconded to amend the 4th section of the 11th article, to read as follows:
“The trial of all crimes (except in cases of impeachment) shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, then the trial shall be at such place or places as the legislature may direct;”
which passed in the affirmative.
It was moved and seconded to add the following amendment to the 4th section, 11th article:
“The privilege of the writ of habeas corpus shall not be suspended, unless where, in cases of rebellion or invasion, the public safety may require it;”
which passed in the affirmative.
On the question to agree to the 5th section, 11th article, as reported, it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, 7. Nays: North Carolina, South Carolina, Georgia, 3.
It was moved and seconded to insert the words “nor emit bills of credit” after the word “money,” in the 12th article; which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, North Carolina, South Carolina, Georgia, 8. Nay: Virginia, 1. Divided: Maryland, 1.
It was moved and seconded to insert the following clause after the last amendment:
“nor make any thing but gold and silver coin a tender in payment of debts;”
which passed unanimously in the affirmative, eleven states being present.
[New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia.]It was moved and seconded to add the following clause to the last amendment:
“nor pass any bill of attainder or ex post facto laws;”
which passed in the affirmative.
Yeas: New Hampshire, New Jersey, Pennsylvania, Delaware, North Carolina, South Carolina, Georgia, 7. Nays: Connecticut, Maryland, Virginia, 3.
It was moved and seconded to insert, after the word “reprisal,” the words “nor lay embargoes;” which passed in the negative.
Yeas: Massachusetts, Delaware, South Carolina, 3. Nays: New Hampshire, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, Georgia, 8.
It was moved and seconded to transfer the following words from the 13th to the 12th article: “nor lay imports, or duties, on imports;” which passed in the negative.
Yeas: New Hampshire, New Jersey, Delaware, North Carolina, 4. Nays: Massachusetts, Connecticut, Pennsylvania, Maryland, Virginia, South Carolina, Georgia, 7.
Separate questions being taken on the several clauses of the 12th article, as amended, they passed in the affirmative.
It was moved and seconded to insert, after the word “imports,” in the 13th article, the words “or exports;” which passed in the affirmative.
Yeas: New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, North Carolina, 6. Nays: Connecticut, Maryland, Virginia, South Carolina, Georgia, 5.
It was moved and seconded to add, after the word “exports,” in the 13th article, the words,
“nor with such consent but for the use of the treasury of the United States;”
which passed in the affirmative.
Yeas: New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: Massachusetts, Maryland, 2.
The question being taken on the 1st clause of the 13th article, it passed in the affirmative.
Yeas: New Hampshire, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, 9. Nays: Massachusetts, Maryland, 2.
Separate questions being taken on the several clauses of the 13th article, as amended, they passed in the affirmative.
On the question to agree to the 14th article, as reported, it passed in the affirmative.
Yeas: New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 9. Nay: South Carolina, 1. Divided: Georgia, 1.
It was moved and seconded to strike out the words “high misdemeanor,” and insert the words “other crime;” which passed in the affirmative.
On the question to agree to the 15th article, as amended, it passed in the affirmative.
The house adjourned.
