588 I?ECORI)$ OF THE FEDERAL CONVENTION Wednesday MADISON September the State declarations, a bill might be prepared in a few hours. 6 Mr Gerry concurred in the idea & moved for a Committee to prepare a Bill of Rights. Col: Mason zded the motion. Mr. 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 The State Declarations of Rights are not repealed by this Constitution; and being in force are suffi- cient m There are many cases where juries are proper which cannot be discriminated.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 Come to prepare a Bill of Rights N.H. no. Mss. abst. Ct no. N-- J'-- no. Pa. no. DeI-- no. Md no. Va no. N-- C. no. S-- C-- no? Geo-- no. [Ayes --o; noes -- ?o; absent- I.] 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 & safe-keeping of their produce, and be ruin- ous 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 derraying the Charges of inspecting, packing, storing and indemnifying the losses, in keeping the commodities in the care of public officers, before ex,p. ortation," 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 re- quiring the Planters to pay a tax before the actual delivery for exportation. 7 Mr Madison eded the motion-- It would at least be harmless; and might have the good effect o? restraining the States to bona fide duties for the purpose, as well as of author- izing explicitly such duties; tho' perhaps the best guard against ? Upon a Bill of Rights, see Appendix A? CXLV, CXLIX? CI2IXIII, CLXXXIX, CXCII, CXCVIII, CCXLII. See Appendix A? CL�III (7:5), CLXXXIV, also August ?$, note I:5.
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