Page:The Records of the Federal Convention of 1787 Volume 2.djvu/350

 34r KECORDS OF THE FEDERAL CONVENTION Monday MADISON .4gust 2o Conform to such opinions or not as he may think proper; and every officer abovementioned shall be responsible for his opinion on the affairs relating to his particular Department. Each of the officers abovementioned shall be liable to im- peachment & removal from office for neglect of duty malver- sation, or corruption")4 Mr Gerry moved "that the Committee be instructed to report proper qualifications for the President, and a mode of trying (the Supreme) Judges (in cases of) impeachment.  The clause "to call forth the aid of the Militia &c- was postponed till report should be made as to the power over the Militia referred yesterday to the Grand Committee (of eleven). Mr. Mason moved to enable Congress "to enact sumptuary laws." No Government can be maintained unless the man- ners be made consonant to it. Such a discretionary power may do good and can do no harm. A proper regulation of excises & of trade may do a great deal but it is best to have an express provision. It was objected to sumptuary laws that they were contrary to nature. This was a vulgar error. The love of distinction it is true is natural; but the object of sumptuary laws is not to extinguish this princ!ple but to give it a proper direction. Mr. Elseworth, The best remedy is to enforce taxes & debts. As far as the regulation of eating & drinking can be reasonable, it is provided for in the power of taxation. Mr Govr. Morris argued that sumptuary laws tended to create a landed Nobility, by fixing in the great-landholders and their posterity their present possessions. Mr Gerry. the law of necessity is the best sumptuary law. On Motion of Mr. Mason ' as to sumptuary laws" N.H. no. Mas- no. Ct no. N.J. no. Pa. no. Del. ay. Md. ay. Va. no. N-C. no- S.C. no. Geo. ay. [Ayes--3; noes -- 8.] "And to make all laws necessary and proper for carrying into execution the foregoing powers, and all other powers See above, note 4. * Revised from Journal.

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