militia, in order to execute the laws
of the Union, enforce treaties, suppress insurrections, and repel
invasions;
"And to make all laws that shall be necessary and proper for carrying
into execution the foregoing powers."
On the other hand, it was necessary to place some limitations upon
the power of Congress. A general restriction was laid by giving to
the executive a right of veto, which might be overruled, however, by a
two-thirds vote of both houses. Following British tradition yielding
as it were to an inherited fear--these delegates in America were led to
place the first restraint upon the exercise of congressional authority
in connection with treason. The legislature of the United States was
given the power to declare the punishment of treason; but treason itself
was defined in the Constitution, and it was further asserted that
a person could be convicted of treason only on the testimony of two
witnesses, and that attainder of treason should not "work corruption of
blood nor forfeiture except during the life of the person attainted."
Arising more nearly out of their own experience was the prohibition
of export taxes, of capitation taxes, and of the granting of titles of
nobility.
While the committee of detail was preparing its report, the Southern
members of that committee had succeeded in getting a provision inserted
that navigation acts could be passed only by a two-thirds vote of
both houses of the legislature. New England and the Middle States were
strongly in favor of navigation acts for, if they could require all
American products to be carried in American-built and American-owned
vessels, they would give a great stimulus to the ship-building and
commerce of the United States. They therefore wished to give Congress
power in this matter on exactly the same terms that other powers were
granted. The South, however, was opposed to this policy, for it wanted
to encourage the cheapest method of shipping its raw materials. The
South also wanted a larger number of slaves to meet its labor demands.
To this need New England was not favorably disposed. To reconcile the
conflicting interests of the two sections a compromise was finally
reached. The requirement of a two-thirds vote of both houses for the
passing of navigation acts which the Southern members had obtained was
abandoned, and on the other hand it was determined that Congress should
not be allowed to interfere with the importation of slaves for twenty
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