late every rule of
construction and common sense, if you sever it from the power of
raising money and annex it to any thing else, in order to make it that
formidable power which it is represented to be.

Mr. George Mason. Mr. Chairman, with respect to commerce and
navigation, he has given it as his opinion, that their regulation, as
it now stands, was a _sine qua non_ of the Union, and that without it,
the States in convention would never concur. I differ from him. It
never was, nor in my opinion ever will be, a _sine qua non_ of the
Union. I will give you, to the best of my recollection, the history of
that affair. This business was discussed at Philadelphia for four
months, during which time the subject of commerce and navigation was
often under consideration; and I assert, that eight States out of
twelve, for more than three months, voted for requiring two-thirds of
the members present in each house to pass commercial and navigation
laws. True it is, that afterwards it was carried by a majority, as it
stands. If I am right, there was a great majority for requiring
two-thirds of the States in this business, till a compromise took
place between the Northern and Southern States; the Northern States
agreeing to the temporary importation of slaves, and the Southern
States conceding, in return, that navigation and commercial laws
should be on the footing on which they now stand. If I am mistaken,
let me be put right. These are my reasons for saying that this was
not a _sine qua non_ of their concurrence. The Newfoundland fisheries
will require that kind of security which we are now in want of. The
Eastern States therefore agreed at length, that treaties should
require the consent of two-thirds of the members present in the
senate.

Mr. Madison said--

I was struck with surprise when I heard him express himself alarmed
with respect to the emancipation of slaves. Let me ask, if they should
even attempt it, if it will not be an usurpation of power? There is no
power to warrant it, in that paper. If there be, I know it not. But
why should it be done? Says the honorable gentleman, for the general
welfare--it will infuse strength into our system. Can any member of
this committee suppose, that it will increase our strength? Can any
one believe, that the American councils will come into a measure which
will strip them of their property, discourage and alienate the
affections of five-thirteenths of the Union? Why was nothing of