Page:The Records of the Federal Convention of 1787 Volume 3.djvu/611

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criminal offender shall be complied with. It is now confined to treason, felony, or other high misdemeanor.)

Mutual Intercourse—Community of Privileges—Surrender of Criminals—Faith to Proceedings, &c.

(V)

(The 5th article, declaring that individual States shall not exercise certain powers, is founded on the same principles as the 6th of the confederation.)

No State to make Treaties—lay interfering Duties—keep a naval or land Force Militia excepted to be disciplined &c according to the Regulations of the U. S.

Each State retains its Rights not expressly delegated—But no Bill of the Legislature of any State shall become a law till it shall have been laid before S. & H. D. in C. assembled and received their approbation.[1]

(VI)

The S. & H. D. in C Assembled “shall have the exclusive Power—of raising a military Land Force” (and of appointing all the officers)—“of equiping a Navy—of rating and causing public Taxes to be levied” (agreeable to the rule now in use, an enumeration of the white inhabitants, and three-fifths of other descriptions.)

(VII)

The S. & H. D. in C. assembled shall have the exclusive powerof regulating the Trade of the several States as well with Foreign Nations as with each other—of levying Duties upon Imports and Exports”—Each State may lay Embargoes in Time of Scarcity.[2]

(VIII)

The S. & H. D. in C. assembled shall have exclusive power “of establishing Post-Offices,and raising a Revenue from them—of regulating Indian Affairs—of coining Money”—regulating its Alloy and Value—“fixing the Standard of Weights and Measures” throughout U. S.—“of determining in what species of Money the public Treasury shall be supplied.”[3]

(IX)

S. & H. D. in C. ass. shall be the last Resort on Appeal in Disputes between two or more States; which Authority shall be exercised in the following Manner &c. (the same with that in the Confederation.)


  1. Confirmed by Observations. Cf. Records of June 8.
  2. Confirmed by Observations, and probably modelled upon amendment to Articles of Confederation proposed in 1786.
  3. Confirmed by Observations.