Mr. PINCKNEY and Mr. LANGDON moved to commit Section 6, as to a navigation act by two-thirds of each House.

Mr. GORHAM did not see the propriety of it. Is it meant to require a greater proportion of votes? He desired it to be remembered, that the Eastern States had no motive to union but a commercial one. They were able to protect themselves. They were not afraid of external danger, and did not need the aid of the Southern States.

Mr. WILSON wished for a commitment, in order to reduce the proportion of votes required.

Mr. ELLSWORTH was for taking the plan as it is. This widening of opinions had a threatening aspect. If we do not agree on this middle and moderate ground, he was afraid we should lose two States, with such others as may be disposed to stand aloof; should fly into a variety of shapes and directions, and most probably into several confederations,—and not without bloodshed.

On the question for committing Section 6, as to a navigation act, to a member from each State,-New Hampshire, Massachusetts, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, aye-9; Connecticut, New Jersey, no-2.

The Committee appointed were, Messrs. LANGDON, KING, JOHNSON, LIVINGSTON, CLYMER, DICKINSON, L. MARTIN, MADISON, WILLIAMSON, C. C. PINCKNEY, and BALDWIN.

To this Committee were referred also the two clauses abovementioned of the fourth and fifth Sections of Article 7.324

Mr. RUTLEDGE from the Committee to whom were

referred, on the eighteenth and twentieth instant, the propositions of Mr. MADISON and Mr. PINCKNEY, made the report following:

"The Committee report, that, in their opinion, the following additions should be made to the report now before the Convention, namely:

"At the end of the first clause of the first section of the seventh article, add, 'for payment of the debts and necessary expenses of the United States; provided, that no law for raising any branch of revenue, except what may be specially appropriated for the payment of interest on debts or loans, shall continue in force for more than years.'

"At the end of the second clause, second section, seventh article, add, and with Indians, within the limits of any State, not subject to the laws thereof.'

"At the end of the sixteenth clause, of the second section, seventh article, add, 'and to provide, as may become necessary, from time to time, for the well managing and securing the common property and general interests and welfare of the United States in such manner as shall not interfere with the government of individual States, in matters which respect only their internal police, or for which their individual authority may be competent.'

"At the end of the first section, tenth article, add, 'he shall be of the age of thirty-five years, and a citizen of the United States, and shall have been an inhabitant thereof for twenty-one years.'

"After the second section, of the tenth article, insert the following as a third section: 'The President of the United States shall have a Privy Council, which shall consist of the President of the Senate,

the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the principal officer in the respective departments of foreign affairs, domestic affairs, war, marine, and finance, as such departments of office shall from time to time be established; whose duty it shall be, to advise him in matters respecting the execution of his office, which he shall think proper to lay before them: but their advice shall not conclude him, nor affect his responsibility for the measures which he shall adopt.'

"At the end of the second section of the eleventh article, add, 'the Judges of the Supreme Court shall be triable by the Senate, on impeachment by the House of Representatives.'

"Between the fourth and fifth lines of the third section of the eleventh article, after the word 'controversies,' insert, 'between the United States and an individual State, or the United States and an individual person.'"

A motion to rescind the order of the House, respecting the hours of meeting and adjourning, was negatived, Massachusetts, Pennsylvania, Delaware, Maryland, aye-4; New Hampshire, Connecticut, New Jersey, Virginia, North Carolina, South Carolina, Georgia, no—7.

Mr. GERRY and Mr. MCHENRY moved to insert, after the second Section, Article 7, the clause following, to wit: "The Legislature shall pass no bill of attainder, nor any ex post facto law."*

Mr. GERRY urged the necessity of this prohibition,

*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.

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.

Mr. GOUVERNEUR MORRIS thought the precaution as to ex post facto laws unnecessary; but essential as to bills of attainder.

Mr. ELLSWORTH 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.

Mr. 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. con.

On the second part relating to ex post facto laws,

Mr. CARROLL 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.

Mr. 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, but will differ as to its application.

Mr. WILLIAMSON. Such a prohibitory clause is in the Constitution of North Carolina; and though it

has been violated, it has done good there, and may do good here, because the Judges can take hold of it.

Doctor JOHNSON thought the clause unnecessary, and implying an improper suspicion of the National Legislature.

Mr. RUTLEDGE was in favor of the clause.

On the question for inserting the prohibition of ex post facto laws,

New Hampshire, Massachusetts, Delaware, Maryland, Virginia, South Carolina, Georgia, aye-7; Connecticut, New Jersey, Pennsylvania, no-3; North Carolina, divided.325

The Report of the Committee of five made by Mr. RUTLEDGE, was taken up, and then postponed, that each member might furnish himself with a

copy.

The Report of the Committee of eleven, delivered in and entered on the Journal of the twenty-first instant, was then taken up; and the first clause, containing the words, "The Legislature of the United States shall have power to fulfil the engagements which have been entered into by Congress," being under consideration,- 326

Mr. ELLSWORTH argued that they were unnecessary. The United States heretofore entered into engagements by Congress, who were their agents. They will hereafter be bound to fulfil them by their new agents.

Mr. RANDOLPH thought such a provision necessary: for though the United States will be bound, the new Government will have no authority in the case, unless it be given to them.

VOL. I.-88*