Article 1, Section 10, Clause 3

Document 2

Records of the Federal Convention

[2:135, 169; Committee of Detail, III, IX]

9 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.

. . . . .

10

No State shall enter into any (Al) Treaty, Alliance (or) Confederation with any foreign Power nor witht. Const. of U. S. into any agreemt. or compact wh (any other) another State or Power; nor lay any Imposts or Duties on Imports; nor keep Troops or Ships of War in Time of Peace; nor grant Letters of Marque and Reprisal; nor coin Money; nor (emit Bills of Credit), without the Consent of the Legislature of the United States, emit Bills of Credit. No State shall, without such Consent engage in any War, unless it shall be actually invaded by Enemies, or the Danger of Invasion be so imminent as not to admit of a Delay, until the Legislature of the United States can be consulted. No State shall grant any Title of Nobility.1

[2:187; Madison, 6 Aug.]

XIII

No State, without the consent of the Legislature of the United States, shall emit bills of credit, or make any thing but specie a tender in payment of debts; nor lay imposts or duties on imports; nor keep troops or ships of war in time of peace; nor enter into any agreement or compact with another State, or with any foreign power; nor engage in any war, unless it shall be actually invaded by enemies, or the danger of invasion be so imminent, as not to admit of delay, until the Legislature of the United States can be consulted.

[2:504; McHenry, 4 Sept.]

Is it proper to declare all the navigable waters or rivers and within the U. S. common high ways? Perhaps a power to restrain any State from demanding tribute from citizens of another State in such cases is comprehended in the power to regulate trade between State and State.

[2:577; Committee of Style]

XIII.

No State, without the consent of the Legislature of the United States shall lay imposts or duties on imports or exports, nor with such consent but for the use of the treasury of the United States; nor keep troops or ships of war in time of peace; nor enter into any agreement or compact with another State, or with any foreign power; nor engage in any war, unless it shall be actually invaded by enemies, or the danger of invasion be so imminent, as not to admit of a delay, until the Legislature of the United States can be consulted.

. . . . .

(a) No state shall, without the consent of Congress, lay imposts or duties on imports or exports, nor with such consent, but to the use of the treasury of the United States. Nor keep troops nor ships of war in time of peace, nor enter into any agreement or compact with another state, nor with any foreign power; nor engage in any war, unless it shall be actually invaded by enemies, or the danger of invasion be so imminent, as not to admit of delay until the Congress can be consulted.

[2:625; Madison, 15 Sept.]

The remainder of the paragraph being under consideration--viz--"nor keep troops nor ships of war in time of peace, nor enter into any agreement or compact with another State, nor with any foreign power. Nor engage in any war, unless it shall be actually invaded by enemies, or the danger of invasion be so imminent as not to admit of delay, until Congress can be consulted"

Mr. Mc.Henry & Mr. Carrol moved that "no State shall be restrained from laying duties of tonnage for the purpose of clearing harbours and erecting light-houses".

Col. Mason in support of this explained and urged the situation of the Chesapeak which peculiarly required expences of this sort.

Mr. Govr. Morris. The States are not restrained from laying tonnage as the Constitution now Stands. The exception proposed will imply the Contrary, and will put the States in a worse condition than the gentleman (Col Mason) wishes.

Mr. Madison. Whether the States are now restrained from laying tonnage duties depends on the extent of the power "to regulate commerce". These terms are vague but seem to exclude this power of the States-- They may certainly be restrained by Treaty. He observed that there were other objects for tonnage Duties as the support of Seamen &c. He was more & more convinced that the regulation of Commerce was in its nature indivisible and ought to be wholly under one authority.

Mr. Sherman. The power of the U. States to regulate trade being supreme can controul interferences of the State regulations when such interferences happen; so that there is no danger to be apprehended from a concurrent jurisdiction.

Mr. Langdon insisted that the regulation of tonnage was an essential part of the regulation of trade, and that the States ought to have nothing to do with it. On motion "that no State shall lay any duty on tonnage without the Consent of Congress"

N. H-- ay-- Mas. ay. Ct. divd. N. J. ay. Pa. no. Del. ay. Md. ay. Va. no. N-- C. no. S-- C. ay. Geo. no. [Ayes--6; noes--4; divided--1.]

The remainder of the paragraph was then remoulded and passed as follows viz-- "No State shall without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay"

[2:633; McHenry, 15 Sept.]

Maryland moved.

No State shall be prohibited from laying such duties of tonnage as may be sufficient for improving their harbors and keeping up lights, but all acts laying such duties shall be subject to the approbation or repeal of Congress.

Moved to amend it viz. No State without the consent of Congress shall lay a duty of tonnage. Carryed in the affirmative

6 ays 4 Noes, 1 divided.

1. [Editors' note.--Words in parentheses were crossed out in the original.]