August 16, 1787: The Powers of Congress

Part of the National Park Service's day-by-day account of the Constitutional Convention in Philadelphia, August 16 to 31, 1787.

Thomas McKean, by Charles Willson Peale, 1787. National Portrait Gallery, Smithsonian Institution.

"The Convention is still sitting; nothing transpires. I am tired feasting with them. Some say, they will continue together about two more weeks, others say two months."
— Thomas McKean to William Atlee

In the Convention: Thursday, August 16, 1787

The day went to the draft's article on the powers of Congress, beginning with the power "to lay and collect taxes, duties, imposts and excises."

Taxing exports. Mason (Virginia) moved to bar Congress from taxing exports. Sherman and Ellsworth (Connecticut), Rutledge (South Carolina), Williamson (North Carolina), Gerry (Massachusetts), and Mercer and Carroll (Maryland) backed him, seeing a ban as plainly sensible and needed to prevent sectional jealousy and abuse. Gouverneur Morris and Wilson (Pennsylvania) and Madison (Virginia) disagreed: the nation would need the revenue, not least for a navy to protect the exporting states, and leaving export taxes to the states could feed regional jealousy too. The question was postponed, only Maryland objecting. The general power to tax then passed unanimously by states, Gerry the only delegate recorded as voting no.

Passed without debate: the power to regulate commerce with foreign nations and among the states — a clause that would drive the growth of Congress's authority in the 20th century — and the powers to coin money, regulate the value of foreign coin, fix weights and measures and establish post offices. A motion by Gerry and Mercer to add "and post roads" passed 6–5, with New Hampshire, Connecticut, New Jersey, Pennsylvania and North Carolina against.

Paper money. The power "to borrow money and emit bills on the credit of the United States" touched a nerve.

• Morris, seconded by Butler (South Carolina), moved to strike "and emit bills": with good credit such bills were unnecessary; without it, "unjust and useless." Gorham (Massachusetts), Ellsworth, Wilson, Langdon (New Hampshire) and Read (Delaware) agreed — Read found paper money "as alarming as the mark of the Beast in Revelation," and Langdon would "rather reject the whole plan" than keep the three words.
• Madison suggested simply barring laws that made bills legal tender. Mason and Randolph hated paper money but thought Congress needed the power: the late war, Mason said, could not have been fought with such a ban, and Randolph could not foresee every occasion. Mercer, the only declared "friend to paper money," conceded it was unwise in "the present state and temper of America."

"And emit bills" was struck, 9–2, New Jersey and Maryland against. Madison noted that Virginia voted yes because he was satisfied the change would not stop the government using public notes where safe and proper, but would cut off the pretext for a paper currency and for making bills legal tender. The power to borrow money then passed without debate.

In short

• The delegates began working clause by clause through Congress's powers.
• The taxing power passed; whether Congress could tax exports was postponed.
• The powers over commerce, coinage, foreign coin, weights and measures, post offices and borrowing passed without debate; post roads were added narrowly.
• Out of loathing for paper money, the power to "emit bills" was struck — leaving it unclear whether Congress could still issue notes that were not legal tender.

The delegates' day

• Johnson (Connecticut) paid Robert Edge Pine a first six guineas for the portrait of him now owned by Columbia University.
• Franklin's sister Jane Mecom wrote from Boston, pleased with his account of his new building and thankful "that God has blesd. you in that Respect."

Philadelphia today

• Sunny, cool and pleasant.
• A private company of 20 shareholders launched the ship Asia, bound for the East India trade.

Sources

• National Park Service, Independence National Historical Park, "August 16, 1787: The Powers of Congress," from The Constitutional Convention: A Day by Day Account for August 16 to 31, 1787. https://www.nps.gov/articles/000/constitutionalconvention-august16.htm
• Quotations are from the records and letters of 1787; the rest is rewritten in hubnx's own words.