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withstanding, unite us into one republican form-every body knows that Congress have no power but what is given themthe question is, what is given them.

Hon. Mr. ADAMS. To guarantee is not to-
Mr. PARSONS, on the guarantee.

Mr. DAWES.
Adjourned.

FRIDAY, January 25, 1788, A. M.

Conversation of the ninth section.

Gen. VARNUM observes on the fourth section, first article, on Turner's and Wedgery's arguments on that section; then observes on the ninth section: powers of regulating trade are necessary for the good of the whole-to encourage our shipping —and then makes a variety of excellent observations.

Mr. CHOATE. Suppose a power of attorney to transact a particular object-the attorney can go no further-if the power was general, and he afterwards gave a new power to a second person, for a particular object, the second power can go no further to control the first, than to the particular object to which it extends. The same reasoning applies to the Constitution.

Mr. SHURTLEFF reads the section where the constitutional laws of Congress are to be paramount to State laws, which he says gives all unlimited powers.

Mr. AMES. If this Constitution will destroy the liberties of the country, we should reject it; but such is the ruin if we reject it, we ought to be sure our liberties are in danger before we reject it. Our liberties cannot be preserved without unionthe Confederation is a dead letter-the country teeming with new States-a seminal soil-without union the new States will be opposed to us-surrounded by hostile enemies-Spain and Britain, they injure us, because they despise us. He went on, and made an elegant and pertinent speech.

Gen. THOMPSON. I am for union, and that something must be done, but not adopt this Constitution-I hope we shall reject this our sister States are divided-other States will follow us,

we should therefore stand by, and not be too hasty. Suppose only nine States adopt it-then four will not adopt it-no foreign States know-thirteen not nine-we should unite, and we can get a new system-send a new Convention-cruel and wicked to alter, but on the terms of the old Confederation, except at the last cast.

Mr. SINGLETARY. I know the principles I formerly acted upon, I act upon the same now-for the liberties, for the liberties of the people-the English claimed all our property, and to do what they please the lands will bear all the burdens-gentlemen now supporting this Constitution will be in government.

Col. SMITH, of Lanesborough. The two things farmers have to dread, are 1. Anarchy; 2. Tyranny. Anarchy leads to tyranny, and while we are trying and trying for amendments, some tyrant will set up, and the people, to relieve themselves from anarchy [will obey him]. Our security is that the common interest is our common defence.

Mr. PARSONS spoke on ambiguities.
Adjourned.

3 O'CLOCK, P. M.

Mr. AMES called upon gentlemen to show why Congress, under this new Constitution, has more power than under the old Confederation.

Mr. SINGLETARY, in answer, showed the checks were different -annual elections-rotation-recall-in the old, and not in the

new.

Mr. WEDGERY. By the new Constitution, Congress can lay no direct tax but on polls, where the poor will pay as much as the rich-objects to representation-thirty thousand men on a sand hill will pay as much as the same numbers in the Garden of Eden—our debt is our safety, as long as we can pay the interest. Mr. Ames appears to be conscience-struck; a lawyer, and conscience-struck!—perhaps it is for the poor paying as much as the rich. States ought not to have an equal representation in the Senate, according to interest-but it is said we could not do better-very pretty-the great must give way to the less-suppose nine adopt and four reject, what will you do? Use the sword? No, we shall be ruined—the four will be jus

tified, because each State must consent by the old Confederation-some benefit will arise if nine States accept, as it will prevent paper money, and save the States, by endorsing them to a citizen of another State.

Mr. GORHAM. His objection to impost goes to the old Confederation as well as to the new-one State has a provision in its Constitution that there shall be no poll tax.

Mr. COOLEY said, he never had advanced that all direct tax was on the polls.

Mr. JONES, of Boston, shows the advantages, to all classes, from the new Constitution.

Mr. JONES, of Bristol, says, power to regulate the trade abroad is enough.

Col. PORTER. To grant only an impost is to invite enemies to attack us, for shutting up our ports is to destroy our

resources.

Col. TAYLOR says, he is now convinced we have no need of granting a direct tax, as the impost is enough for war and peace.

Gen. VARNUM. To say we will not grant a direct tax to Congress, is to say that we will not have the power of a direct tax, for Congress are the people, especially as in war our imposts are destroyed.

Mr. DENCH wishes to go to the next session [section ?].

Mr. KING. If direct taxes can only be collected from polls, a good reason for rejecting the Constitution-but it is not true -the apportionment in the Constitution is only among the States, and not upon the individuals in a State-in the last case, Congress have a discretionary power-as to equal vote of States in the Senate, we could have no union without it.

Mr. PIERCE, of Partridgefield. Powers in Constitution are dangerous; 1. Direct taxes; 2. Duty on imposts include excises, and so a State can, by the tenth section, lay excises.

Mr. SEDGWICK was going to give an answer, but it was said not to be in order, and the ninth section was read.

Mr. DALTON. In favor of first paragraph because we gain a right in time to abolish the slave trade.

Mr. KINSLEY wants to know the reason why vessels from one State to another are not obliged to enter, &c.

Mr. JONES.

a State.

That no duties should be laid on the exports of

Gen. THOMPSON.

It is contrived to enable, them to run.

Dr. JARVIS. It is when a vessel bound to one State makes a harbor in another, he is held to pay duties.

Deacon SEVER and Deacon PHILLIPS give the same.

Mr. GORE the same.

Mr. CABOT explains it fully.

Mr. NEAL talks against the slave trade.

Mr. COOLEY asks, whether negro slaves, emigrating into this State, will not be considered as a poll, to increase our ratio of taxes?

Rev. Mr. BACKUS answers Mr. Neal, and shows we have now gained a check which we had not before, and hopes in time we shall stop the slave trade.

Mr. BODMAN says, those born slaves in the southern States may still continue slaves.

Gen, THOMPSON. If the southern States would not give up the right of slavery, then we should not join with them-Washington's character fell fifty per cent. by keeping slaves-it is all a contrivance, and Washington at the head-our delegates overpowered by Washington and others.

Mr. JONES, of Bristol, objects to Article V., because we can't amend this section for twenty years.

MONDAY, January 28, 1788, 3 P. M.

First section, second article-Executive.

Mr. GORHAM. All governments require an executive—this section fixes the mode of appointment-the people at large could not choose the legislature of Congress could not choose, he would then be their creature

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[Here the Minutes end abruptly.]

ACTION OF THE GENERAL COURT.

[Resolve to print the Address of the Committee appointed by the Convention.] COMMONWEALTH OF MASSACHUSETTS.

IN SENATE, March 29, 1788.

Whereas, a Convention, chosen by the People of this Commonwealth, by their Resolve of the 7th of February, 1788, appointed a Committee to prepare "An Address to the People, stating the principles of the said Constitution, the various objections which were made against it, the answers they received, and explaining the absolute necessity of adopting some energetic system of Federal government for the preservation of the Union, and that the same be published," and whereas, the said Convention, by their said Resolve, recommended to the General Court their making provision for the publication of the same; be it

Resolved, That Messrs. Adams & Nourse, Printers to the General Court, print the said Address, and lay their accounts before the General Court for allowance and payment.

Sent down for concurrence.

S. ADAMS, President.

IN THE HOUSE OF REPRESENTATIVES, March 29, 1788.

Read and non-concurred.

J. WARREN, Speaker.

[Extract from the Journal of the House of Representatives.]

SATURDAY, March 29, 1788, 9 o'clock, A. M.

The Hon. L. Thompson brought down a Resolve of Senate of this day, directing the Printers to the General Court to print

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