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Kaminski, John P.; Saladino, Gaspare J.; Moore, Timothy D. (Historian); Lannér-Cusin, Johanna E.; Schoenleber, Charles H.; Reid, Jonathan M.; Flamingo, Margaret R.; Fields, David P. (ed.) / Ratification of the Constitution by the states: Maryland (1)
11 (2015)

II. The Maryland General Assembly calls a state convention, 23 November-1 December 1787,   pp. 68-100


Page 92

II. STATE CONVENTION CALLED
power to raise a revenue by direct Taxation, each State ought to pay
an equal Ratio; Whereas by taxing Commerce some states would pay
greatly more than others.
S: 7: It was contended that the Senate derived their powers from the
People and therefore ought to have equal priviledges to the Represen-
tatives. That it would remove all ground for contest about originating
Money Bills, what Bills were so or not, and how far amendments might
be made, but nothing more could be obtained from the power of the
larger States on that subject than what appears in the proposed Con-
stitution. In Great Britain the King having Heriditary rights, and being
one of the three Estates that compose the Legislature has obtained a
Voice in the passage of all Acts that bear the title of Laws. But the
Executive here have no distinct rights, nor is their President likely to
have more understanding than the two Branches of the Legislature.
Additional weight is thus unnecessarily given to the large States who
voting by numbers will cohere to each other, or at least among them-
selves, and thus easily carry, or defeat any measure that requires a Ma-
jority of two thirds.
S: 8: By the word Duties in this Section is meant Stamp Duties. This
power may be exercised to any extent; but it has likewise this dangerous
tendency it may give the Congress power by establishing duties on all
Contracts to decide on cases of that nature, and ultimately draw the
dicision of the Federal Courts, which will have sufficient occupation by
the other powers given in this Section. They are extensive enough to
open a sluice to draw the very blood from your Veins. They may lay
direct Taxes by assessment, Poll Tax, Stamps, Duties on Commerce, and
excise every thing else-all this to be collected under the direction of
their own Officers, and not even provided that they shall be Inhabitants
of the respective States where they are to act and for which many rea-
sons will not be the case: and should any Individual dare to dispute
the conduct of an Excise Man, ransacking his Cellars he may be hoisted
into the Federal Court from Georgia to vindicate his just rights, or to
be punished for his impertinence. In vain was it urged that the State
Courts ought to be competent to the decision of such cases: The ad-
vocates of this System thought State Judges would be under State influ-
ence and therefore not sufficiently independant. But this is not all, they
would either trust your Juries for altho matters of Fact are triable by
Juries in the Inferior Courts the Judges of the Supreme Court on appeal
are to decide on Law and fact both. In this Manner Mr. Speaker our
rights are to be tried in all disputes between the Citizens of one State
and another, between the Citizens and Foreigners, and between the
Citizens and these Revenue Officers of the General Government as to
92


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