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lar state be obliged to enter or pay duties in any other ; nor, when bound from any one of the states, be obliged to clear in another.'

25. That Congress shall not, directly or indirectly, either by themselves or through the judiciary, interfere with any one of the states in the redemption of paper money already emitted and now in circulation, or in liquidating and discharging the public securities of any one of the states; but each and every state shall have the exclusive right of making such laws and regulations, for the above purposes, as they shall think proper.

“ 26. That Congress shall not introduce foreign troops into the United States without the consent of two thirds of the members present of both houses."

Mr. SPENCER then moved that the report of the committee be concurred with, and was seconded by Mr. J. M’DOWALL.

Mr. IREDELL moved that the consideration of that motion be postponed, in order to take into consideration the following resolution :

[Which resolution was the same he introduced before, and which he afterwards, in substance, moved by way of amendment.)

This gave rise to a very warm altercation on both sides, during which the house was in great confusion. Many gentlemen in the majority (particularly Mr. WILLIE JONES) strongly contended against the propriety of the motion. Several gentlemen in the minority resented, in strong terms, the arbitrary attempt of the majority (as they termed it) to suppress their sentiments; and Mr. SPAIGHT, in particular, took notice, with great indignation, of the motion made to concur with the committee, when the gentleman from Edenton appeared in some measure to have had the faith of the house that he should have an opportunity to renew his motion, which he had withdrawn at the request of some of the majority themselves. Mr. WHITMILL HILL spoke with great warmth, and declared that, in his opinion, if the majority persevered in their tyrannical attempt, the minority should secede.

Mr. WILLIE JONES still contended that the motion was altogether irregular and improper, and made a motion calculated to show that such a motion, made and seconded under the circumstances in which it had been introduced, was not entitled to be entered on the Journal. His motion, being seconded, was carried by a great majority. The yeas and nays were moved for, and were taking, when Mr. IREDELL arose, and said he was sensible of the irregularity he

was guilty of, and hoped he should be excusea for it, but it arose from his desire of saving the house trouble; that Mr. Jones (he begged pardon for naming him) had proposed an expedient to him, with which he should be perfectly satisfied, if the house approved of it, as it was indifferent to him what was the mode, if his object in substance was obtained. The method proposed was, that the motion for concurrence should be withdrawn, and his resolution should be moved by way of an amendment. If the house, therefore, approved of this method, and the gentlemen who had moved and seconded the motion would agree to withdraw it, he hoped it would be deemed unnecessary to proceed with the yeas and pays.

Mr. NATHAN BRYAN said, the gentleman treated the majority with contempt. Mr. IREDÈLL declared he had no such intention ; but as the yeas and nays were taken on a difference between both sides of the house, which he hoped might be accommodated, he thought he might be excused for the liberty he had taken.

Mr. SPENCER and Mr. M’DOWALL, after some observations not distinctly heard, accordingly withdrew their motion; and it was agreed that the yeas and nays should not be taken, nor the motion which occasioned them entered on the Journal. Mr. IREDELL then moved as follows, viz. :

That the report of the committee be amended, by striking out all the words of the said report except the two first, viz. : Resolved, That,” and that the following words be inserted in their room, viz. :-“this Convention, having fully deliberated on the Constitution proposed for the future government of the United States of America by the Federal Convention lately held, at Philadelphia, on the 17th day of September last, and having taken into their serious and solemn consideration the present critical situation of America, which induces them to be of opinion that, though certain amendments to the said Constitution may be wished for, yet that those amendments should be proposed subsequent to the ratification on the part of this state, and not previous to it:they do, therefore, on behalf of the state of North Carolina, and the good people thereof, and by virtue of the authority to them delegated, ratify the said Constitution on the part of this state; and they do at the same time recommend that, as early as possible, the following amendments to the said

Constitution may be proposed for the consideration and adoption of the several states in the Union, in one of the modes prescribed by the 5th article thereof :" –

" AMENDMENTS. “1. Each state in the Union shall respectively retain every power, jurisdiction, and right, which is not by this Constitution delegated to the Congress of the United States, or to the departments of the general government; nor shall the said Congress, nor any department of the said government, exercise any act of authority over any individual in any of the said states, but such as can be justified under some power particularly given in this Constitution ; but the said Constitution shall be considered at all times a solemn instrument, defining the extent of their authority, and the limits of which they cannot rightfully in any instance exceed.

“2. There shall be one representative for every thirty thousand, according to the enumeration or census mentioned in the Constitution, until the whole number of representatives amounts to two hundred ; after which, that number shall be continued or increased, as Congress shall direct, upon the principles fixed in the Constitution, by apportioning the representatives of each state to some greater number of people, from time to time, as the population increases.

“ 3. Each state respectively shall have the power to provide for organizing, arming, and disciplining, its own militia, whensoever Congress shall omit or neglect to provide for the same. The militia shall not be subject to martial law, except when in actual service in time of war, invasion, or rebellion ; and when they are not in the actual service of the United States, they shall be subject only to such fines, penalties, and punishments, as shall be directed or inflicted by the laws of its own state.

“4. The Congress shall not alter, modify, or interfere in the times, places, or manner, of holding elections for senators and representatives, or either of them, except when the legislature of any state shall neglect, refuse, or be disabled by invasion or rebellion, to prescribe the saine.

“5. The laws ascertaining the compensation of senators and representatives, for their services, shall be postponed in their operation until after the election of representatives immediately succeeding the passing thereof; that excepted which shall first be passed on the subject.

6. Instead of the following words in the 9th section of the 1st article, viz., •Nor shall vessels bound to or from one state be obliged to enter, clear, or pay duties, in another,' [the meaning of which is by many deemed not sufficiently explicit] it is proposed that the following shall be substituted : 'No vessel bound to one state shall be obliged to enter or pay duties, to which such vessel may be liable at any port of entry, in any other state than that to which such vessel is bound; nor shall any vessel bound from one state be obliged to clear, or pay duties to which such vessel shall be liable at any port of clearance, in any other state than that from which such vessel is bound.'"

He was seconded by Mr. JOHN SKINNER.
The question was then put, “ Will the Convention adopt

32

VOL. IV.

that amendment or not ?" and it was negatived; whereupon Mr. IREDELL moved that the yeas and nays should be taken, and he was seconded by Mr. STEELE. They were accordingly taken, and were as follows:

YEAS. His excellency, SAMUEL JOHnston, President. Messrs. Ja's fredell, Edmund Blount, Thomas Hunter, Thomas Hervey, Archibald Maclaine, Chowan.

Gates.

John Skinner, Nathan Keas, Henry Abbot,

Thomas Wyns,

Samuel Harrel, John G. Blount, Isaac Gregory,

Abraham Jones, Joseph Leech, Thomas Alderson, Peter Dauge,

John Eborne, Wm. Bridges, John Johnson, Charles Grandy,

James Jasper,

Wm. Burden, Andrew Oliver, Enoch Sawyer,

Caleb Forman,

Edmund Blount, Goodwin Elliston, George Lucas,

Seth Hovey,

Tyrel. Charles M'Dowall, John Willis,

John Sloan,

Simeon Spruil, Richard D. Spaight, John Cade,

John Moore,

David Tanner, William J. Dawson, Elias Barnes, William Maclaine, Whitmill Hill, James Porterfield, Neil Brown,

Nathan Mayo,

Benjamin Smith, Wm. Barry Grove, James Winchester, William Slade, John Sitgreaves, George Elliott, William Stokes, William M'Kenzie, Nathaniel Allen, Wallis Styron, Thomas Stewart, Robert Erwin,

Thomas Owen, William Shepperd, Josiah Collins, John Lane,

George Wyns, Carteret

Thomas Hines, Thomas Reading, David Perkins, James Philips,

Nathaniel Jones, Edward Evera gain, Joseph Ferebee, John Humphreys, John Steele,

Enoch Rolfe,

Wm. Ferebee, Michael Payne,

William R. Davie, Devotion Davis, Wm. Baker, Charles Johnston, Joseph Reddick, William Skinner,

Abper Neale. Stephen Cabarrus,

84. James Gregory, Joshua Skinner,

NAYS. Messrs. Willie Jones, Wm. Fort,

John Dunkin, Thomas Tyson, Samuel Spencer, Etheld. Gray,

David Dodd, W. Martin, Lewis Lanier, Wm. Lancaster, Curtis Ivey, Thomas Hunter, Thomas Wade, Thomas Sherrod, Lewis Holmes,

Martin. Daniel Gould, John Norward, Richard Clinton, John Graham, James Bonner, Sterling Dupree, H. Holmes,

Wm. Loftin,
Alexius M. Foster, Robert Williams, Robert Alison,

Wm. Kindal,
Lewis Dupree,
Richard Moye,

James Stewart, Thomas Ussery, Thomas Brown,

Arthur Forbes, John Tipton, Thomas Butler, James Greenlee, David Caldwell, John Macon,

John Bentford, Joseph M’Dowall, Wm. Goudy, Thomas Christmass, James Vaughan, Robert Miller, Daniel Gillespie, H. Monfort, Robert Peebles, Benjamin Williams, John Anderson,

Wm. Taylor,

James Vinson, Richard Nixon,

John Hamilton, James Hanley, Wm. S. Marnes, Thomas Armstrong, Thomas Person, Britain Saunders, Howell Ellin, Alex. M'Allister, Joseph Taylor, Wm. Lenoir, Redman Bunn, Robert Dickens, Thornton Yancey, R. Allen,

John Bonds, George Roberts, Howell Lewis, Jun., John Brown, David Pridgen, John Womack, E. Mitchell, Joseph Herndon, Daniel Yates, Ambrose Ramsey, George Moore, James Fletcher, Thomas Johnston, James Anderson, George Ledbetter, Lemuel Burkit, John Spicer, Jos. Stewart, Wm. Porter,

Wm. Little, A. Tatom, Wm. Vestal, Zebedee Wood, Thomas King,

Alex. Mebane, Thomas Evans, Edmund Waddell, Nathan Bryan,

Wm. Mebane, Thomas Hardiman, James Galloway, John H. Bryan, Wm. M'Cauley, Robert Weakly, J. Regan,

Edward Whitly, Wm. Shepperd, Wm. Donnelson, Joseph Winston, Robert Alexander, Orange. Wm. Dobins,

James Gains, James Johnson, Jonathan Linley, Robert Diggs, Charles M'Annelly, John Cox,

Wyatt Hawkins, Bythel Bell, Absalom Bostick,

John Carrel, James Payne, Elisha Battle, John Scott,

Cornelius Doud, John Graves,

John Blair, Charles Ward, Wm. Wootten, James Roddy,
Joseph Tipton, Wm. Randal, John Branch, Samuel Cain,
Wm. Bethell,

Frederick Harget, Henry Hill, B. Covington,
Abraham Phillips, Richard M'Kinnie, Andrew Bass, J. M'Dowall, Jun.,
John May,
John Cains,

Joseph Boon, Durham Hall, Charles

Galloway, Jacob Leonard, Wm. Farmer, Jas. Bloodworth, James Boswell, Thomas Carson, John Bryan, Joel Lane, John M'Allister, Richard Singleton, Edward Williams, James Hinton, David Looney, James Whitside,

Francis Oliver, Thomas Devane, John Sharpe, Caleb Phifer, Matthew Brooks, James Brandon, Joseph Gaitier, Zachias Wilson, Griffith Rutherford, Wm. Dickson, John A. Campbell, Joseph Douglass, Geo. H Barringer, Burwell Mooring, John P. Williams, Thoinas Dougan, Timo. Bloodworth, Matthew Locke, Wm. Marshall, James Kenan, Everet Pearce, Stokely Donelson. Charles Robertson, John Jones, Asahel Rawlins,

184. James Gillespie, Egbert Haywood, James Wilson,

SATURDAY, August 2, 1788. The Convention met according to adjournment.

The report of the committee of the whole Convention, according to order, was taken up and read in the same words as on yesterday; when it was moved by Mr. PERSON, and seconded by Mr. MACON, that the Convention do concur therewith, which was objected to by Mr. A. MACLAINE.

The question being put, “Will the Convention concur with the report of the committee of the whole convention, or not?" it was carried in the affirmative; whereupon Mr. DAVIE moved for the yeas and nays, and was seconded by Mr. CABARRUS. They were accordingly taken ; and those who voted, yesterday against the amendment, voted for concurring with the report of the committee: those who voted in favor of the amendment, now voted against a concurrence with the report.

On motion of Mr. WILLIE JONES, and seconded by Mr. JAMES GALLOWAY, the following resolution was adopted by a large majority, viz. :

“Whereas this Convention has thought proper neither to ratify nor reject the Constitution proposed for the government of the United States, and as Congress will proceed to act under the said Constitution, ten states having ratified the same, and probably lay an impost on goods imported into the said ratifying states,

Resolved, That it be recommended to the legislature of this state, that whenever Congress shall pass a law for collecting an impost in the states aforesaid, this state enact a law for collecting a similar impost on goods imported into this state, and appropriate the money arising therefrom to the use of Congress.”

On the motion made by Mr. WILLIE JONES, and seconded by Mr. JAMES GALLOWAY,

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