HKB
The reconsideration being agreed to. On the question to insert 2/3 in place of 3/4.
N. H. div^d. Mas. no. C^t ay. N. J. ay. P^a no. Del. no. M^d ay. M^r McHenry no. V^a no. Gen^l Washington M^r Blair, M^r Madison no. Col. Mason, M^r Randolph ay. N. C. ay. S. C. ay. Geo. ay.
M^r Williamson, observed to the House that no provision was yet made for juries in Civil cases and suggested the necessity of it.
M^r Gorham. It is not possible to discriminate equity cases from those in which juries are proper. The Representatives of the people may be safely trusted in this matter.
M^r Gerry urged the necessity of Juries to guard ag^{st} corrupt Judges. He proposed that the Committee last appointed should be directed to provide a clause for securing the trial by Juries.
Col: Mason perceived the difficulty mentioned by M^r Gorham. The jury cases cannot be specified. A general principle laid down on this and some other points would be sufficient. He wished the plan had been prefaced with a Bill of Rights, & would second a Motion if made for the purpose. It would give great quiet to the people; and with the aid of the State declarations, a bill might be prepared in a few hours.
M^r Gerry concurred in the idea & moved for a Committee to prepare a Bill of Rights. Col: Mason 2^{ded} the motion.
M^r Sherman, was for securing the rights of the people where requisite. The State Declarations of Rights are not repealed by this Constitution; and being in force are sufficient. There are many cases where juries are proper which cannot be discriminated. The Legislature may be safely trusted.
Col: Mason. The laws of the U. S. are to be paramount to State Bills of Rights. On the question for a Com^e to prepare a Bill of Rights
N. H. no. Mas. abs^t. C^t no. N. J. no. P^a no. Del. no. M^d no. V^a no. N. C. no. S. C. no. Geo. no.
The Clause relating to exports being reconsidered, at the instance of Col: Mason, who urged that the restriction on the States would prevent the incidental duties necessary for the inspection & safekeeping of their produce, and be ruinous to the Staple States, as he called the five Southern States, he moved as follows--"provided nothing herein contained shall be construed to restrain any State from laying duties upon exports for the sole purpose of defraying the charges of inspecting, packing, storing and indemnifying the losses in keeping the commodities in the care of public officers, before exportation." In answer to a remark which he anticipated, to wit, that the States could provide for these expences, by a tax in some other way, he stated the inconveniency of requiring the Planters to pay a tax before the actual delivery for exportation.
M^r Madison 2^{ded} the motion. It would at least be harmless; and might have the good effect of restraining the States to bona fide duties for the purpose, as well as of authorizing explicitly such duties; tho' perhaps the best guard against an abuse of the power of the States on this subject, was the right in the Gen^l Government to regulate trade between State & State.
M^r Gov^r Morris saw no objection to the motion. He did not consider the dollar per Hhd laid on Tob^o in Virg^a as a duty on exportation, as no drawback would be allowed on Tob^o taken out of the Warehouse for internal consumption.
M^r Dayton was afraid the proviso w^d enable Pennsylv^a to tax N. Jersey under the idea of Inspection duties of which Pen^a would Judge.
M^r Gorham & M^r Langdon, thought there would be no security if the proviso sh^d be agreed to, for the States exporting thro' other States, ag^{st} these oppressions of the latter. How was redress to be obtained in case duties should be laid beyond the purpose expressed?