Mr Butler contended warmly for Mr Gerry's motion as founded in reason and equity.

Mr Elseworth's proviso to Mr Gerry's motion was agreed to nem. con.

Mr King thought the power of taxation given to the Legislature rendered the motion of Mr Gerry altogether unnecessary.

On Mr Gerry's motion as amended

N. H. no. Mass. ay. Ct no. N. J. no. Pa no. Del. no. Md no. Va no. N. C. divd. S. C. ay. Geo. no.

On a question, Shall Art: VI Sect. 12. with the amendment to it proposed & entered on the 15 instant, as called for by Col. Mason be now taken up? It passed in the negative.

N. H. ay. Mass. no. Ct ay. N. J. no. Pa no. Del. no. Md ay. Va ay. N. C. ay. S. C. no. Geo. no.

Mr L. Martin. The power of taxation is most likely to be criticised by the public. Direct taxation should not be used but in cases of absolute necessity; and then the States will be the best Judges of the mode. He therefore moved the following addition to Sect: 3: Art VII "And whenever the Legislature of the U. S. shall 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 requisitions 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 authorizing the collection of the same."

Mr McHenry 2ded the motion–there was no debate, and on the question

N. H. no. Ct no. N. J. ay. Pena no. Del. no. Md divd. (Jenifer & Carol no) Va no. N. C. no. S. C. no. Geo. no.