Monday MADISON August 20 and on the question, (the nega on confession in open court" tive States thinking the words superfluous) (it was agreed to) N. H: ay- Mas- no- Ct. ay. N- J. ay- Pa. ay. Del. ay- Md ay- Va ay. N- C- divd S- C- no. Geo- no. [Ayes-7; noes - 3; divided Art: VII. Sect- 2. as amended was then agreed to nem con."1 - 1.] Sect―3― taken up.12 "white & other" struck out nem con. as superfluous. Mr Elseworth moved to required the first census to be taken within "three" instead of "six" years from the first meeting of the Legislature and on question N-H-ay. Mas- ay Ct ay-N J-ay-Pa ay- Del. ay. Md ay Va ay- N- C-ay-S- C. no- Geo- no. [Ayes-9; noes 2.] Mr King asked what was the precise meaning of direct taxation? No one answd. Mr. Gerry moved (to add to the 3d. Sect. art. VII, the following clause. "That from the first meeting of the Legislature of the U. S. until a Census shall be taken all monies for supplying the public Treasury by direct taxation shall be raised from the several States according to the number of their Representatives respectively in the first branch") 13 Mr. Langdon. This would bear unreasonably hard on N. H. and he must be agst it. Mr. Carrol. opposed it. The number of Reps. did not admit of a proportion exact enough for a rule of taxation — (Before any question the House) 14 Adjourned. 15 11 See further Appendix A, CL, CLVIII (88–91). 12 Article VII, Sect. 3. "The proportions of direct taxation shall be regulated by the whole number of white and other free citizens and inhabitants, of every age, sex and condition, including those bound to servitude for a term of years, and three fifths of all other persons not comprehended in the foregoing description, (except Indians not paying taxes) which number shall, within six years after the first meeting of the Legislature, and within the term of every ten years afterwards, be taken in such manner as the said Legislature shall direct." 13 Taken from Journal, but Madison had recorded the substance of this motion. 14 Taken from Journal. 15 See further, Appendix A, LXXXV-LXXXIX. Monday MCHENRY August 20 MCHENRY August 20. The following one agreed to. Sect. 2. Amended to read. Treason against the U. S. shall consist only in levying war against them, or in adhering to their enemies giving them aid and comfort. The legislature shall have power to declare the punishment of treason. No person shall be convicted of treason unless on confession in open court, or the testimony of two witnesses to the same overt act. Mr. Mason moved to add to the I sect of the VII article. To make sumptuary laws. Governeur Morris. sump. laws were calculated to continue great landed estates for ever in the same families - If men had no temptation to dispose of their money they would not sell their estates. Negatived. Amended section 3 by striking out the words in the second line white and other, and the word six in the 5 line and substituting the word three-but adjourned without a question on the section. TUESDAY, AUGUST 21, 1787. JOURNAL Tuesday August 21. 1787. The honorable Mr Livingston, from the Committee of eleven to whom were referred a proposition respecting the debts of the several States, entered on the Journal of the 18 instant and a proposition respecting the militia entered on the Journal of the 18 instant informed the House that the Committee were prepared to report and had directed him to submit the same to the con sideration of the House. The report was then delivered in at the Secretary's-table, and, being read throughout, is as follows. "The Legislature of the United-States shall have power "to fulfil the engagements which have been entered into by "Congress, and to discharge as well the debts of the United "States, as the debts incurred by the several States during "the late war, for the common defence and general welfare." "To make laws for organizing, arming, and disciplining "the militia, and for governing such part of them as may be 'employed in the service of the United States, reserving to "the States respectively, the appointment of the Officers, "and the authority of training the militia according to the discipline prescribed by the United States" It was moved and seconded to postpone the consideration of the above report which passed in the affirmative On the question to agree to the 3rd sect. of the 7 article as amended it passed in the affirmative [Ayes 10; noes- 1.] Tuesday JOURNAL August 21 It was moved and seconded to add the following clause to the 3rd sect. of the 7 article "And all accounts of supplies furnished, services per'formed, and monies advanced by the several States, to the "United States; or by the United States to the several States "shall be adjusted by the same rule." The last motion being withdrawn, It was moved and seconded to add the following clause to the 3rd section of the 7th article. "By this rule the several quotas of the States shall be “determined in settling the expences of the late war" It was moved and seconded to postpone the consideration of the last motion which passed in the affirmative. It was moved and seconded to add the following clause to the 3rd sect. of the 7 article That from the first meeting of the Legislature of the United States until a Census shall be taken, all monies for supplying the public Treasury, by direct taxation, shall be raised from the several States according to the number of their representatives respectively in the first Branch. It was moved and seconded to annex the following amendment to the last motion. "subject to a final liquidation by the foregoing rule when "a Census shall have been taken" On the question to agree to the amendment it passed in the affirmative On the question to agree to the Proposition and amendment it passed in the negative. [Ayes — 2; noes — 8; divided 1.]1 On the question to take up the amendment offered to the 12 sect of the 6 article, entered on the Journal of the 15th instant, and then postponed it passed in the negative [Ayes-5; noes-6.] It was moved and seconded to add the following clause to the 3rd sect. 7 article "and whenever the Legislature of the United States shall 1 Vote 331, Detail of Ayes and Noes, which notes that the original "Proposition" was "made by Mr. Gerry". Journal (p. 273) misprinted it "Ellsworth". Tuesday JOURNAL August 21 "find it necessary that revenue should be raised by direct "taxation, having apportioned the same, according to the "above rule, on the several States, requisitions shall be made "of the respective States to pay into the Continental Treasury "their respective quotas within a time in the said requisition "specified, and in case of any of the States failing to comply "with such requisitions, then and then only to devise and pass acts directing the mode and authorising the collection "of the same." 66 which passed in the negative [Ayes - 1; noes-7; divided - 1.]2 It was moved and seconded to insert the following clause after the word "duty" in the first line 4 sect. 7 article "for the purpose of revenue" which passed in the negative. [Ayes-3; noes — 8.] It was moved and seconded to amend the first clause of the 4 sect. 7 article by inserting the following words -6.] "unless by consent of two thirds of the legislature" which passed in the negative [Ayes 5; noes — On the question to agree to the first clause of the 4 section of the 7 article, as reported, -4.1 it passed in the affirmative. [Ayes-7; noesIt was moved and seconded to insert the word "free" before the word "persons" in the 4 sect. of the 7 article. Before the question was taken on the last motion Vote 333, Detail of Ayes and Noes, which notes that it was "Mr. Martin's proposition". |