Friday MADISON August 17 On motion for striking out "and punishment" as moved by Mr (Madison) N. H. no. Mas. ay. Ct no. Pa ay. Del. ay- Md no. Va. ay. N-C-ay. S-C. ay- Geo. ay. [Ayes-7; noes 3.] Mr Govr Morris moved to strike out "declare the law" and insert “punish" before "piracies”. and on the question N- H-ay. Mas- ay. Ct. no. Pa. ay. Del. ay. Md ay. Va. no. N. C-no. S. C-ay. Geo- ay. [Ayes-7; noes-3.] Mr. Madison,) and Mr. Randolph moved to insert, "define &." before "punish". Mr. Wilson thought "felonies" sufficiently defined by Common law. 4 Mr. Dickenson concurred with Mr Wilson Mr Mercer was in favor of the amendment. Mr Madison.) felony at common law is vague. It is also defective. One defect is supplied by Stat: of Anne as to running away with vessels which at common law was a breach of trust only. Besides no foreign law should be a standard farther than is expressly adopted If the laws of the States were to prevail on this subject, the citizens of different States would be subject to different punishments for the same offence at sea There would be neither uniformity nor stability in the law The proper remedy for all these difficulties was to vest the power proposed by the term "define" in the Natl. legislature. Mr Govr. Morris would prefer designate to define, the latter being as he conceived, limited to the preexisting meaning. It was said by others to be applicable to the creating of offences also, and therefore suited the case both of felonies & of piracies. (The motion of Mr. M. & Mr. R was agreed to.) 5 Mr. Elseworth enlarged the motion so as to read "to define and punish piracies and felonies committed on the high seas, counterfeiting the securities and current coin of the U. States, and offences agst. the law of Nations" which was agreed to, nem con. "To subdue a rebellion in any State, on the application of its legislature" 4 See Appendix A, CCXV. 5 Taken from Journal. SATURDAY, AUGUST 18, 1787. JOURNAL Saturday August 18. 1787. The following additional powers proposed to be vested in the Legislature of the United States having been submitted to the consideration of the Convention It was moved and seconded to refer them to the Committee to whom the proceedings of the Convention were referred which passed in the affirmative The propositions are as follows To dispose of the unappropriated lands of the United States To institute temporary governments for new States arising thereon To regulate affairs with the Indians as well within as without the limits of the United States To exercise exclusively Legislative authority at the seat of the general Government, and over a district around the same, not exceeding square miles: the consent of the Legislature of the State or States comprising such district being first obtained To grant charters of incorporation in cases where the public good may require them, and the authority of a single State may be incompetent To secure to literary authors their copy rights for a limited time To establish an University To encourage, by proper premiums and provisions, the advancement of useful knowledge and discoveries To authorise the Executive to procure and hold for the use of the United States landed property for the erection of forts, magazines, and other necessary buildings To fix and permanently establish the seat of Government of Saturday JOURNAL August 18 the United-States in which they shall possess the exclusive right of soil and jurisdiction To establish seminaries for the promotion of literature and the arts and sciences To grant charters of incorporation To grant patents for useful inventions To secure to authors exclusive rights for a certain time To establish public institutions, rewards and immunities for the promotion of agriculture, commerce, trades, and manufactures. That Funds which shall be appropriated for payment of public Creditors shall not during the time of such appropriation be diverted or applied to any other purpose and to prepare a clause or clauses for restraining the Legislature of the United States from establishing a perpetual revenue To secure the payment of the public debt. To secure all Creditors, under the new Constitution, from a violation of the public faith. when pledged by the authority of the Legislature To grant letters of marque and reprisal To regulate Stages on the post-roads. It was moved and seconded That a Committee to consist of a Member from each State be appointed to consider the necessity and expediency of the debts of the several States being assumed by the United States which passed in the affirmative [Ayes-6; - 1.]1 4; divided and a Committee was appointed by ballot of the honorable Mr Langdon, Mr King, Mr Sherman, Mr Livingston, Mr Clymer, Mr Dickinson, Mr Mc Henry, Mr Mason, Mr Williamson, Mr C. C. Pinckney, and Mr Baldwin. It was moved and seconded to agree to the following resolution, namely Resolved That this Convention will meet punctually at 10 o'clock every morning (Sundays excepted) and sit till four o'clock in the afternoon, at which time the President shall 1 Vote 316, Detail of Ayes and Noes, which notes that it was "Mr. Rutledge's proposition". Saturday JOURNAL August 18 adjourn the Convention and that no motion for adjournment be allowed. which passed in the affirmative [Ayes-9; noes-2.] It was moved and seconded to insert the words "and support" between the word "raise" and the word "armies" in the 14. clause, I sect, 7 article which passed in the affirmative It was moved and seconded to strike out the words "build and equip” and to insert the words "provide and maintain" in the 15 clause, I sect. 7 article which passed in the affirmative It was moved and seconded to insert the following as a 16th clause, in the I sect. of the 7. article "To make rules for the government and regulation of the land and naval forces" which passed in the affirmative It was moved and seconded to annex the following proviso to the last clause "provided that in time of peace the army shall not consist "of more than thousand men" which passed in the negative. It was moved and seconded to insert the following as a clause in the I sect. of the 7 article "to make laws for regulating and disciplining the militia "of the several States, reserving to the several States the "appointment of their militia Officers" It was moved and seconded to postpone the last clause in order to take up the following "To establish an uniformity of exercise and arms for the "militia — and rules for their government when called into "service under the authority of the United States: and to "establish and regulate a militia in any State where it's Legis"lature shall neglect to do it" It was moved and seconded to refer the last two motions to a Committee which passed in the affirmative Crossed out "nem con". Saturday MADISON August 18 and they were referred to the Committee of eleven. [Ayes And then the House adjourned till monday next at 10 o'clock A. M. [317] aye aye aye [318] aye aye no no dd no no aye aye aye aye To refer Mr Rutledge's 641 proposition respecting the public debt to a aye no aye no aye aye aye aye To meet at 10 o'clock 9 2 to adjourn at 4. no aye aye dd aye aye aye aye To commit the two 8 2 1 motions respectg militia to the Committee of 11. MADISON Saturday August 18. in Convention (Mr- Madison submitted in order to be referred to the Committee of detail the following powers as proper to be added to those of the General Legislature "To dispose of the unappropriated lands of the U. States" "To institute temporary Governments for New States arising therein" "To regulate affairs with the Indians as well within as without the limits of the U. States 'Madison's original record stood:- "Mr. Pinkney proposed for consideration several additional powers which had occurred to him. Mr. M. proposed the following, to be referred to a committee." Then follow ten numbered powers. This was all stricken out and the record as here given taken from the printed Journal. Madison's original list corresponds with this, except: in the 2d he had "thereon" instead of "therein" (the Journal also has "thereon"); in the 4th he had "comprehending" instead of "comprising"; and there was one in addition, — "7 To secure to the inventors of useful machines and implements the benefits thereof for a limited time." |