tion 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, aye-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.

General PINCKNEY admitted that it was so.

Colonel 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 merchandize consumed, &c.

Colonel 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.334

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 pre-existing, 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 cargoes by the way.

Mr. MCHENRY 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, aye-3; New Hampshire, Massachusetts, Pennsylvania, Delaware, North Carolina, South Carolina, no-6; Maryland, divided. In amendment of the same section, the words, "other public Ministers," were inserted after "ambassadors."

335

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, Massachu setts, Connecticut, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, aye-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, aye-1; New Hampshire, Massachusetts, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, no-8.336

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, aye—4; Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, Georgia, no-6. Adjourned.

MONDAY, AUGUST 27TH.

In Convention,-Article 10, Section 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