M^r Gerry and M^r M^cHenry moved to insert after the 2^d Sect. Art: 7, the clause following, to wit, "The Legislature shall pass no bill of attainder nor any ex post facto law."[39] [39] The proceedings on this motion involving the two questions on "attainders and ex post facto laws," are not so fully stated in the printed Journal.--Madison's Note. M^r Gerry urged the necessity of this prohibition, which he said was greater in the National than the State Legislature, because the number of members in the former being fewer, they were on that account the more to be feared. M^r Gov^r Morris thought the precaution as to ex post facto laws unnecessary; but essential as to bills of attainder. M^r Elseworth contended that there was no lawyer, no civilian who would not say that ex post facto laws were void of themselves. It cannot then be necessary to prohibit them. M^r Wilson was against inserting any thing in the Constitution as to ex post facto laws. It will bring reflections on the Constitution--and proclaim that we are ignorant of the first principles of Legislation, or are constituting a Government that will be so. The question being divided, the first part of the motion relating to bills of attainder was agreed to nem contradicente. On the second part relating to ex post facto laws-- M^r Carrol remarked that experience overruled all other calculations. It had proved that in whatever light they might be viewed by civilians or others, the State Legislatures had passed them, and they had taken effect. M^r Wilson. If these prohibitions in the State Constitutions have no effect, it will be useless to insert them in this Constitution. Besides, both sides will agree to the principle, and will differ as to its application. M^r Williamson. Such a prohibitory clause is in the Constitution of N. Carolina, and tho it has been violated, it has done good there & may do good here, because the Judges can take hold of it. Doc^r Johnson thought the clause unnecessary, and implying an improper suspicion of the National Legislature. M^r Rutlidge was in favor of the clause. On the question for inserting the prohibition of ex post facto laws. N. H. ay. Mas. ay. Con^t no. N. J. no. P^a no. Del. ay. M^d ay. Virg^a ay. N. C. div^d. S. C. ay. Geo. ay. The report of the committee of 5. made by M^r Rutlidge, was taken up and then postponed that each member might furnish himself with a copy. The Report of the Committee of Eleven delivered in & entered on the Journal of the 21^{st} inst. was then taken up, and the first clause containing the words "The Legislature of the U. S. _shall have power_ to fulfil the engagements which have been entered into by Congress" being under consideration, M^r Elseworth argued that they were unnecessary. The U. S. heretofore entered into Engagements by Cong^s who were their Agents. They will hereafter be bound to fulfil them by their new agents.