Mr Madison 2ded the motion. It would at least be harmless; and might have the good effect of restraining the States to bona fide duties for the purpose, as well as of authorizing explicitly such duties; tho' perhaps the best guard against an abuse of the power of the States on this subject, was the right in the Genl Government to regulate trade between State & State.
Mr Govr Morris saw no objection to the motion. He did not consider the dollar per Hhd laid on Tobo in Virga as a duty on exportation, as no drawback would be allowed on Tobo taken out of the Warehouse for internal consumption.
Mr Dayton was afraid the proviso wd enable Pennsylva to tax N. Jersey under the idea of Inspection duties of which Pena would Judge.
Mr Gorham & Mr Langdon, thought there would be no security if the proviso shd be agreed to, for the States exporting thro' other States, agst these oppressions of the latter. How was redress to be obtained in case duties should be laid beyond the purpose expressed?
Mr Madison. There will be the same security as in other cases. The jurisdiction of the supreme Court must be the source of redress. So far only had provision been made by the plan agst injurious acts of the States. His own opinion was, that this was sufficient. A negative on the State laws alone could meet all the shapes which these could assume. But this had been overruled.
Mr Fitzimmons. Incidental duties on Tobo & flour never have been & never can be considered as duties on exports.
Mr Dickinson. Nothing will save the States in the situation of N. Hampshire N. Jersey Delaware &c. from being oppressed by their neighbors, but requiring the assent of Congs to inspection duties. He moved that this assent shd accordingly be required.
Mr Butler 2ded the motion.
Adjourned.