regulation of commerce or revenue give preference to the ports of one state over those of another, or oblige vessels bound to or from any state to enter, clear, or pay duties, in another; and all tonnage, duties, imposts, and excises, laid by the legislature, shall be uniform throughout the United States.'"
Article 11, sect. 3, being considered,—it was moved to strike out the words, "it shall be appellate," and to insert the words "the supreme court shall have appellate jurisdiction,"—in order to prevent uncertainty whether "it" referred to the Supreme Court, or to the judicial power.
On the question,—
New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, ay, 9; Maryland, no, 1; New Jersey, absent.
Sect. 4 was so amended, nem. con., as to read,—
"The trial of all crimes (except in cases of impeachment) shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, then the trial shall be at such place or places as the legislature may direct."
The object of this amendment was, to provide for trial by jury of offences committed out of any state.
Mr. PINCKNEY, urging the propriety of securing the benefit of the habeas corpus in the most ample manner, moved, that it should not be suspended but on the most urgent occasions, and then only for a limited time, not exceeding twelve months.
Mr. RUTLEDGE was for declaring the habeas corpus inviolate. He did not conceive that a suspension could ever be necessary, at the same time, through all the states.
Mr. GOUVERNEUR MORRIS moved, that
"the privilege of the writ of habeas corpus shall not be suspended, unless where, in cases of rebellion or invasion, the public safety may require it."
Mr. WILSON doubted whether in any case a suspension could be necessary, as the discretion now exists with judges, in most important cases, to keep in gaol or admit to bail.
The first part of Mr. Gouverneur Morris's motion, to the word "unless," was agreed to, nem. con. On the remaining part,—
New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, ay, 7 ; North Carolina, South Carolina, Georgia, no, 3.
The 5th sect, of article 11, was agreed to, nem. con.[1]
Article 12 being then taken up,—
Mr. WILSON and Mr. SHERMAN moved to insert, after the words, "coin money," the words, "nor emit bills of credit, nor make any thing but gold and silver coin a tender in payment of debts;" making these prohibitions absolute, instead of making the measures allowable, as in the 13th article, with the consent of the legislature of the United States.
Mr. GORHAM thought the purpose would be as well secured by the provision of article 13, which makes the consent of the general
- ↑ The vote on this section, as stated in the printed Journal, is not unanimmous; the statement here is probably the right one.
