Page:The Records of the Federal Convention of 1787 Volume 2.djvu/321

 KECOP. DS OF THE FEDEIAL CONVENTION 3I s Friday MADISON .,t gust 7 appointments. Those of the State legislatures were a proof of it-- The Executive being responsible would make a good choice. Mr Mercer ds. the motion of Mr Read. On the motion for inserting the word "joint" before ballot N. H-ay. Mas. ay. Ct. no. N.J. no. Pa. ay. Md. no. Va. ay-N-C. ay. S.C. ay. Geo-ay- [Ayesq7; noes re3.] Col. Mason in opposition to Mr. Reads motion desired it might be considered to whom the money would belong; if to the people, the legislature representing the people ought to appoint the keepers of it. On striking out the clause as amended by inserting "Joint" N.H. no-Mas. no. Ct. no. Pa. ay- Del- a�. Md. ay. Va. no. N. C. no. S- C- ay. Geo. no- [Ayes- 4; noes- 6.] "To constitute inferior tribunals" agreed to nem. con. "To make rules as to captures on land & water"- do do "To declare the law and punishment of piracies and felonies &c" &c considered. Mr. (Madison) moved to strike out "and punishment" &c- Mr. Mason doubts the safety of it, considering the strict rule of construction in criminal cases. He doubted also the propriety of taking the power in all these cases wholly from the States. Mr Governr Morris thought it would be necessary to extend the authority farther, so as to provide for the punish- ment of counterfeiting in general. Bills of exchange For example might be forged in one State and carried into another: It was suggested by some other member that foreign paper might be counterfeited by Citizens; and that it might be politic to provide by national authority for the punishment of it. Mr Randolph did not conceive that expunging "'the pun- ishment" would be a constructive exclusion of the power. He doubted only the efficacy of the word "declare". Mr Wilson was in favor of the motion- Strictness was not necessary in giving authority to enact penal laws; though necessary in enacting & expounding them.

�