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The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2

United States. Constitutional Convention · 1787-07-19 to 1787-09-17 (convention debates recorded; excerpts reflect entries in the official journal as presented here) primary

passage 99 of 266 · Act to which the States by their Legislatures, make themselves parties, becomes a compact from which no one of the parties can recede of itself. > act of the ordinary legislatures to be equally authentic, (21/65)

in brief
After expanding presidential revision to orders, resolutions, and votes, the convention turns to Article VII’s taxation language, defining duties versus imposts and debating whether Congress should prohibit taxes on exported articles.

On Question as moved by M^r Randolph

N. H. ay. Mass. not present. C^t ay. N. J. no. P^a ay. Del. ay. M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.

The Amendment was made section 14. of Art. VI.

Art: VII. Sect. 1. taken up.

M^r L. Martin asked what was meant by the Committee of detail in the expression,--"duties" and "imposts." If the meaning were the same, the former was unnecessary; if different, the matter ought to be made clear.

M^r Wilson. Duties are applicable to many objects to which the word imposts does not relate. The latter are appropriated to commerce; the former extend to a variety of objects, as stamp duties &c.

M^r Carroll reminded the Convention of the great difference of interests among the States, and doubts the propriety in that point of view of letting a majority be a quorum.

M^r Mason urged the necessity of connecting with the power of levying taxes duties &c., the prohibition in Sect. 4 Art. VI that no tax should be laid on exports. He was unwilling to trust to its being done in a future article. He hoped the North^n States did not mean to deny the Southern this security. It would hereafter be as desirable to the former when the latter should become the most populous. He professed his jealousy for the productions of the Southern or as he called them, the staple States. He moved to insert the following amendment: "provided that no tax duty or imposition shall be laid by the Legislature of the U. States on articles exported from any State."

M^r Sherman had no objection to the proviso here, other than it would derange the parts of the report as made by the Committee, to take them in such an order.

M^r Rutlidge. It being of no consequence in what order points are decided, he should vote for the clause as it stood, but on condition that the subsequent part relating to negroes should also be agreed to.

M^r Governeur Morris considered such a proviso as inadmissible any where. It was so radically objectionable, that it might cost the whole system the support of some members. He contended that it would not in some cases be equitable to tax imports without taxing exports; and that taxes on exports would be often the most easy and proper of the two.

M^r Madison. 1. the power of laying taxes on exports is proper in itself, and as the States cannot with propriety exercise it separately, it ought to be vested in them collectively. 2. it might with particular advantage be exercised with regard to articles in which America was not rivalled in foreign markets, as Tob^o &c. The contract between the French Farmers Gen^l and M^r Morris stipulating that if taxes s^d be laid in america on the export of Tob^o they s^d be paid by the Farmers, shewed that it was understood by them, that the price would be thereby raised in America, and consequently the taxes be paid by the European Consumer. 3. it would be unjust to the States whose produce was exported by their neighbours, to leave it subject to be taxed by the latter. This was a grievance which had already filled N.H. Con^t N. Jer^y Del: and N. Carolina with loud complaints, as it related to imports, and they would be equally authorized by taxes by the States on exports. 4. The South^n States being most in danger and most needing naval protection, could the less complain if the burthen should be somewhat heaviest on them. 5. we are not providing for the present moment only, and time will equalize the situation of the States in this matter. He was for these reasons ag^{st} the motion.

M^r Williamson considered the clause proposed ag^{st} taxes on exports as reasonable and necessary.

M^r Elseworth was ag^{st} Taxing exports; but thought the prohibition stood in the most proper place, and was ag^{st} deranging the order reported by the Committee.

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topics: separation of powers and checks · taxation, tribute, and revenue

The Journal of the Debates in the Convention which Framed the Constitut… · United States. Constitutional Convention · 1787