The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
Sect. 4. was so amended nem. con: as to read "The trial of all crimes
(except in cases of impeachment) shall be by jury, and such trial shall
be held in the State where the said crimes shall have been committed;
but when not committed within any State, then the trial shall be at such
place or places as the Legislature may direct." The object of this
amendment was to provide for trial by jury of offences committed out of
any State.
M^r Pinkney urged the propriety of securing the benefit of the Habeas
corpus in the most ample manner, moved "that it should not be suspended
but on the most urgent occasions, & then only for a limited time not
exceeding twelve months."
M^r Rutlidge was for declaring the Habeas Corpus inviolable. He did not
conceive that a suspension could ever be necessary at the same time
through all the States.
M^r Gov^r Morris moved that "The privilege of the writ of Habeas Corpus
shall not be suspended; unless where in cases of Rebellion or invasion
the public safety may require it."
M^r Wilson doubted whether in any case a suspension could be necessary,
as the discretion now exists with Judges, in most important cases to
keep in Gaol or admit to Bail.
The first part of M^r Gov^r Morris' motion, to the word "unless" was
agreed to nem: con:--on the remaining part;
N. H. ay. Mas. ay. C^t ay. P^a ay. Del. ay. M^d ay. V^a ay.
N. C. no. S. C. no. Geo. no.
Sec. 5. of art: XI. was agreed to _nem_: con.[43]
[43] The vote on this section as stated in the printed Journal
is not unanimous: the statement here is probably the right
one.--Madison's Note.
Art: XII being taken up.
M^r Wilson & M^r Sherman moved to insert after the words "coin money"
the words "nor emit bills of credit, nor make any thing but gold &
silver coin a tender in payment of debts" making these prohibitions
absolute, instead of making the measures allowable (as in the XIII art:)
_with the consent of the Legislature of the U. S._
M^r Ghorum thought the purpose would be as well secured by the
provisions of art: XIII which makes the consent of the Gen^l Legislature
necessary, and that in that mode no opposition would be excited; whereas
an absolute prohibition of paper money would rouse the most desperate
opposition from its partizans.
M^r Sherman thought this a favorable crisis for crushing paper money. If
the consent of the Legislature could authorize emissions of it, the
friends of paper money would make every exertion to get into the
Legislature in order to license it.
The question being divided; on the 1^{st} part--"nor emit bills of
credit" N. H. ay. Mas. ay. C^t ay. P^a ay. Del. ay. M^d div^d. V^a no.
N. C. ay. S. C. ay. Geo. ay.
The remaining part of M^r Wilson's & Sherman's motion was agreed to nem:
con:
M^r King moved to add, in the words used in the Ordinance of Cong^r
establishing new States, a prohibition on the States to interfere in
private contracts.
Public-domain text, read in full here on John Shaqi.
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