Page:The Records of the Federal Convention of 1787 Volume 2.djvu/444

 438 RECOILDS OF THE FEDERAL CONVENTION Tuesday MADISON ,'lugust z8 N.H. ay. Mas. ay. Ct. ay. N.J. abst. Pa. ay. Del. ay. Md. no. Va. ay. N C ay. S.C. ay. Geo. ay. [Ayes- 9; noes- ; absent -- x.] 20 Sect. 4--was so amended hem: con: as to read "The trial of all crimes (except in cases o� 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. Mr. Pinkney, urging 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 "n Mr. Rutlidge was for declaring the Habeas Corpus invio- lable He did (not) conceive that a suspension could ever be necessary at the same time through all the States-- Mr. Govr 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". Mr. 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 o� Mr. Govr. Morris' (motion,) to the word "unless" was agreed to hem: con:--on the remaining part; N.H. ay. Mss. ay. Ct. ay. Pa. ay. Del. ay. Md. ay. Va. ay. N. C. no. S.C. no. Geo. no. [Ayes -- 7; noes -- 3.] Sect. 5. of art: XI? was agreed to hera: con: * �(The vote on this section as stated in the printed journal is not unanimous: The statement here probably the right one.)a 0 See Appendix A, CLXXXIX, CXCII, CXCIX. n Upon this question, see Appendix A, CLVIII (65-66), CXCII.  Article XI, Sect. 5 "Judgment, in cases of Impeachment, shall not extend further than to removal from Office, and disqualification to hold and enjoy any office of honour, trust or profit, under the United States. But the party convicted shall, nevertheless be liable and subject to indictment, trial, judgment and punishment according to law."  See above note z.

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