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History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2

Note 210 — Chapter IX · (continued 2)

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Mr. Justice Story has stated in his Commentaries (§ 829), that this clause came into the Constitution in the revised draft, near the close of the Convention, and was silently adopted, without opposition. This is a mistake. The clause was contained in the draft of the committee of detail, and was modified as stated in the text, on the 7th of August, after a full debate. Elliot, V. 377, 383-385.

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