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
N. H. no. Mas. no. C^t no. N. J. no. P^a ay. Del. no. M^d no.
V^a ay. N. C. no. S. C. no. Geo. ay.
The other part fell of course, as including the power rejected.
M^r Madison & M^r Pinkney then moved to insert in the list of powers
vested in Congress a power--"to establish an University, in which no
preferences or distinctions should be allowed on account of Religion."
M^r Wilson supported the motion.
M^r Gov^r Morris. It is not necessary. The exclusive power at the Seat
of Government, will reach the object.
On the question
N. H. no. Mas. no. Con^t div^d. D^r Johnson ay. M^r Sherman no.
N. J. no. P^a ay. Del. no. M^d no. V^a ay. N. C. ay. S. C. ay.
Geo. no.
Col: Mason, being sensible that an absolute prohibition of standing
armies in time of peace might be unsafe, and wishing at the same time to
insert something pointing out and guarding against the danger of them,
moved to preface the clause (Art. 1 sect. 8) "To provide for organizing,
arming and disciplining the militia &c." with the words "And that the
liberties of the people may be better secured against the danger of
standing armies in time of peace." M^r Randolph 2^{ded} the motion.
M^r Madison was in favor of it. It did not restrain Congress from
establishing a military force in time of peace if found necessary; and
as armies in time of peace are allowed on all hands to be an evil, it is
well to discountenance them by the Constitution, as far as will consist
with the essential power of the Gov^t on that head.
M^r Gov^r Morris opposed the motion as setting a dishonorable mark of
distinction on the military class of Citizens.
M^r Pinkney & M^r Bedford concurred in the opposition.
On the question
N. H. no. Mas. no. C^t no. N. J. no. P^a no. Mar^d no. V^a ay.
N. C. no. S. C. no. Geo. ay.
Col: Mason moved to strike out from the clause (art. 1 sect 9.) "no bill
of attainder nor any ex post facto law shall be passed" the words "nor
any ex post facto law." He thought it not sufficiently clear that the
prohibition meant by this phrase was limited to cases of a criminal
nature, and no Legislature ever did or can altogether avoid them in
Civil cases.
M^r Gerry 2^{ded} the motion but with a view to extend the prohibition
to "civil cases," which he thought ought to be done.
On the question; all the States were--no.
M^r Pinkney & M^r Gerry, moved to insert a declaration "that the liberty
of the Press should be inviolably observed."
M^r Sherman. It is unnecessary. The power of Congress does not extend to
the Press. On the question, it passed in the negative
N. H.[98] no. Mas. ay. C^t no. N. J. no. P^a no. Del. no.
M^d ay. V^a ay. N. C. no. S. C. ay. Geo. no.
[98] In the printed Journal N. Hampshire ay.--Madison's
Note.
Art 1. Sect. 9. "no capitation tax shall be laid, unless &c."
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