Page:The Records of the Federal Convention of 1787 Volume 2.djvu/322

 $I6 P. ECORDS OF THE FEDEIAL CONVENTION Friday MADISON lugust z7 On motion for striking out "and punishment" as moved by Mr  N. I-I. no. Mas. ay. Ct no. Pa a 7. Del. a�- Md no. Va. a�. N- C- ay. S- C. ay- Geo. ay. [Ayes -- 7; noes -- 3.] Mr Govr Morris moved to strike out "declare the law" and insert "punish" before "piracies". and on the question N- H- ay. Mas-ay. Ct. no. Pa. a�. Del. ay. Md ay. Va. no. N. C- no. S. C- a�. Geo- a 7. [Ayes -- 7; noes -- 3-] Mr. M felony at common law is vague. 4 It is also defective. One defect is supplied by Star: of Anne as to run- ning away with vessels which at common law was a breach of trust only. Besides no foreign law should be a standard farther than is expressly adopted- If the laws of the States were to prevail on this subject, the citizens of different States would be subject to different punishments for the same offence at sea -- There would be neither uniformity nor stability in the law -- The proper remedy for all these difficulties was to vest the power proposed by the term "define" in the Natl. legislature. Mr Govt. Morris would prefer designate to define, the latter being as he conceived, limited to the preexisting meaning. It was said by others to be applicable to the creating of offences also, and therefore suited the case both of felonies & of piracies. (The motion of Mr. M. & Mr. R was agreed to.>  Mr. Elseworth enlarged the motion so as to read "to define and punish piracies and felonies committed on the high seas, counterfeiting the securities and current coin of the U. States, and offences agst. the law of Nations" which was agreed to, hem con. "To subdue a rebellion in any State, on the application of its legislature" See Appendix A, CCXV. * Taken from Journal.

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