The migration or importation of such persons as the several states now existing shall think proper to admit shall not be prohibited by the legislature prior to the year 1808."

New Hampshire, Massachusetts, Connecticut, Maryland, North Carolina, South Carolina, Georgia, ay, 7; New Jersey, Pennsylvania, Delaware, Virginia, no, 4.

Mr. BALDWIN, in order to restrain and more explicitly define "the average duty," moved to strike out of the second part the words "average of the duties laid on imports," and insert "common impost on articles not enumerated," which was agreed to, nem. con.

Mr. SHERMAN was against this second part, as acknowledging men to be property, by taxing them as such under the character of slaves.

Mr. KING and Mr. LANGDON considered this as the price of the first part.

Gen. PINCKNEY admitted that it was so.

Col. MASON. Not to tax, will be equivalent to a bounty on, the importation of slaves.

Mr. GORHAM thought that Mr. Sherman should consider the duty, not as implying that slaves are property, but as a discouragement to the importation of them.

Mr. GOUVERNEUR MORRIS remarked, that, as the clause now stands, it implies that the legislature may tax freemen imported.

Mr. SHERMAN, in answer to Mr. Gorham, observed, that the smallness of the duty showed revenue to be the object, not the discouragement of the importation.

Mr. MADISON thought it wrong to admit in the Constitution the idea that there could be property in men. The reason of duties did not hold, as slaves are not, like merchandise, consumed, &c.

Col. MASON, in answer to Mr. Gouverneur Morris. The provision, as it stands, was necessary for the case of convicts, in order to prevent the introduction of them.

It was finally agreed, nem. con., to make the clause read,

"but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person;"

and then the second part, as amended, was agreed to.

Article 7, sect. 5, was agreed to, nem. con., as reported.234
Article 7, sect. 6, in the report, was postponed.

On motion of Mr. MADISON, seconded by Mr. GOUVERNEUR MORRIS, article 8 was reconsidered, and, after the words "all treaties made," were inserted, nem. con., the words "or which shall be made." This insertion was meant to obviate all doubt concerning the force of treaties preëxisting, by making the words, "all treaties made," to refer to them, as the words inserted would refer to future treaties.

Mr. CARROLL and Mr. L. MARTIN expressed their apprehensions, and the probable apprehensions of their constituents, that, under the power of regulating trade, the general legislature might favor the ports of particular states, by requiring vessels destined to or from other states to enter and clear thereat: as vessels belonging or

bound to Baltimore, to enter and clear at Norfolk, &c. They moved the following proposition:

"The legislature of the United States shall not oblige vessels belonging to citizens thereof, or to foreigners, to enter or pay duties or imposts in any other state than in that to which they may be bound, or to clear out in any other than the state in which their cargoes may be laden on board; nor shall any privilege or immunity be granted to any vessel on entering or clearing out, or paying duties or imposts in one state in preference to another."

Mr. GORHAM thought such a precaution unnecessary: and that the revenue might be defeated, if vessels could run up long rivers, through the jurisdiction of different states, without being required to enter, with the opportunity of landing and selling their carges by the

way.

Mr. M'HENRY and Gen. PINCKNEY made the following propositions :

"Should it be judged expedient by the legislature of the United States, that one or more ports for collecting duties or imposts, other than those ports of entrance and clearance already established by the respective states, should be established, the legislature of the United States shall signify the same to the executives of the respective states, ascertaining the number of such ports judged necessary, to be laid by the said executives before the legislatures of the states at their next session; and the legislature of the United States shall not have the power of fixing or establishing the particular ports for collecting duties or imposts in any state, except the legislature of such state shall neglect to fix and establish the same during their first session to be held after such notification by the legislature of the United States to the executive of such state.

"All duties, imposts, and excises, prohibitions or restraints, laid or made by the legislature of the United States, shall be uniform and equal throughout the United States."

These several propositions were referred, nem. con., to a committee composed of a member from each state. The committee, appointed by ballot, were - Mr. Langdon, Mr. Gorham, Mr. Sherman, Mr. Dayton, Mr. Fitzsimons, Mr. Read, Mr. Carroll, Mr. Mason, Mr. Williamson, Mr. Butler, Mr. Few.

On the question now taken on Mr. Dickinson's motion of yesterday, allowing appointments to offices to be referred by the general legislature to "the executives of the several states," as a further amendment to article 10, sect. 2, the votes were,

Connecticut, Virginia, Georgia, ay, 3; New Hampshire, Massachusetts, Pennsylvania, Delaware, North Carolina, South Carolina, no, 6; Maryland, divided.235

In amendment of the same section, the words, "other public ministers," were inserted after "ambassadors."

Mr. GOUVERNEUR MORRIS moved to strike out of the section, "and may correspond with the supreme executives of the several states," as unnecessary, and implying that he could not correspond with others.

Mr. BROOM seconded him.

On the question,

New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, ay, 9; Maryland, no, 1.

The clause, “shall receive ambassadors and other public ministers," was agreed to, nem. con.

Mr. SHERMAN moved to amend the "power to grant reprieves and pardons" so as to read, "to grant reprieves until the ensuing session of the Senate, and pardons with consent of the Senate."

On the question,

Connecticut, ay, 1; New Hampshire, Massachusetts, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, no, 8.236

The words, "except in cases of impeachment," were inserted, nem. con., after " pardons."

On the question to agree to, "but his pardon shall not be pleadable in bar," it passed in the negative.

New Hampshire, Maryland, North Carolina, South Carolina, ay, 4; Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, Georgia, no, 6.

Adjourned.

MONDAY, August 27.

In Convention. - Article 10, sect. 2, being resumed,—

Mr. L. MARTIN moved to insert the words, "after conviction," after the words, "reprieves and pardons."

Mr. WILSON objected, that pardon before conviction might be necessary, in order to obtain the testimony of accomplices. He stated the case of forgeries, in which this might particularly happen. Mr. L. MARTIN withdrew his motion.

Mr. SHERMAN moved to amend the clause giving the executive the command of the militia, so as to read,

"and of the militia of the several states, when called into the actual service of the United States;"

and on the question,

New Hampshire, Connecticut, Pennsylvania, Maryland, Virginia, Georgia, ay, 6; Delaware, South Carolina, no, 2; Massachusetts, New Jersey, North Carolina, absent.

The clause for removing the President, on impeachment by the House of Representatives, and conviction in the supreme court, of treason, bribery, or corruption, was postponed, nem. con., at the instance of Mr. GOUVERNEUR MORRIS; who thought the tribunal an improper one, particularly, if the first judge was to be of the privy council.

Mr. GOUVERNEUR MORRIS objected also to the president of the Senate being provisional successor to the President, and suggested a designation of the chief justice.

Mr. MADISON adds, as a ground of objection, that the Senate might retard the appointment of a President, in order to carry points whilst the revisionary power was in the president of their own body; but suggested that the executive powers during a vacancy be administered by the persons composing the council to the President.

Mr. WILLIAMSON suggested that the legislature ought to have power to provide for occasional successors: and moved that the last clause of article 10, sect. 2, relating to a provisional successor to the President, be postponed.

Mr. DICKINSON seconded the postponement, remarking that it

was too vague. What is the extent of the term "disability," and who is to be the judge of it?

The postponement was agreed to, nem. con.

Col. MASON and Mr. MADISON moved to add to the oath to be taken by the supreme executive,

"and will, to the best of my judgment and power, preserve, protect, and defend, the Constitution of the United States."

Mr. WILSON thought the general provision for oaths of office, in a subsequent place, rendered the amendment unnecessary.

On the question,

New Hampshire, Connecticut, Pennsylvania, Maryland, Virginia, South Carolina, Georgia, ay, 7; Delaware, no, 1; Massachusetts, New Jersey, North Carolina,

absent.

Article 11, being next taken up,

Dr. JOHNSON suggested, that the judicial power ought to extend to equity as well as law; and moved to insert the words, "both in law and equity," after the words "United States," in the first line of the first section.

Mr. READ objected to vesting these powers in the same court. On the question,

New Hampshire, Connecticut, Pennsylvania, Virginia, South Carolina, Georgia, ay, 6; Delaware, Maryland, no, 2; Massachusetts, New Jersey, North Carolina, absent.

On the question to agree to article 11, sect. 1, as amended, the states were the same as on the preceding question.

Mr. DICKINSON moved, as an amendment to article 11, sect. 2, after the words, "good behavior," the words,

"Provided that they may be removed by the executive on the application by the Senate and House of Representatives."

Mr. GERRY seconded the motion.

Mr. GOUVERNEUR MORRIS thought it a contradiction in terms, to say that the judges should hold their offices during good behavior, and yet be removeable without a trial. Besides, it was fundamentally wrong to subject judges to so arbitrary an authority.

Mr. SHERMAN saw no contradiction or impropriety, if this were made a part of the constitutional regulation of the judiciary establishment. He observed that a like provision was contained in the British

statutes.

Mr. RUTLEDGE. If the Supreme Court is to judge between the United States and particular states, this alone is an insuperable objection to the motion.

Mr. WILSON considered such a provision in the British government as less dangerous than here; the House of Lords and House of Commons being less likely to concur on the same occasions. Chief Justice Holt, he remarked, had successively offended, by his independent conduct, both Houses of Parliament. Had this happened at the same time, he would have been ousted. The judges would be in a bad situation, if made to depend on any gust of faction which might prevail in the two branches of our government.

Mr. RANDOLPH opposed the motion, as weakening too much the independence of the judges.

Mr. DICKINSON was not apprehensive that the legislature, composed of different branches, constructed on such different principles, would improperly unite for the purpose of displacing a judge.

On the question for agreeing to Mr. Dickinson's motion, it was negatived.

Connecticut, ay; all the other states present, no.

On the question on article 11, sect. 2, as reported, —

Delaware and Maryland only, no.

Mr. MADISON and Mr. M'HENRY moved to reinstate the words, "increased or," before the word "diminished," in article 11, sect. 2.

Mr. GOUVERNEUR MORRIS opposed it, for reasons urged by him on a former occasion.

Col. MASON contended strenuously for the motion. There was no weight, he said, in the argument drawn from changes in the value of the metals, because this might be provided for by an increase of salaries, so made as not to affect persons in office; - and this was the only argument on which much stress seemed to have been laid.

He

Gen. PINCKNEY. The importance of the judiciary will require men of the first talents: large salaries will therefore be necessary, larger than the United States can afford in the first instance. was not satisfied with the expedient mentioned by Col. Mason. did not think it would have a good effect, or a good appearance, for new judges to come in with higher salaries than the old ones.

He

Mr. GOUVERNEUR MORRIS said the expedient might be evaded, and therefore amounted to nothing. Judges might resign, and then be reappointed to increased salaries.

On the question,

Virginia, ay, 1; New Hampshire, Connecticut, Pennsylvania, Delaware, South Carolina, no, 5; Maryland, divided; Massachusetts, New Jersey, North Carolina, Georgia, absent.

Mr. RANDOLPH and Mr. MADISON then moved to add the following words to article 11, sect. 2:

"nor increased by any act of the legislature which shall operate before the expiration of three years after the passing thereof.”

On the question,

Maryland, Virginia, ay, 2; New Hampshire, Connecticut, Pennsylvania, Delaware, South Carolina, no, 5; Massachusetts, New Jersey, North Carolina, Georgia, absent.237

Article 11, sect. 3, being taken up, the following clause was postponed, viz:

"to the trial of impeachments of officers of the United States; " by, which the jurisdiction of the Supreme Court was extended to such

cases.

Mr. MADISON and Mr. GOUVERNEUR MORRIS moved to insert, after the word "controversies," the words, "to which the United States shall be a party;" which was agreed to, nem. con.