Page:The Records of the Federal Convention of 1787 Volume 2.djvu/623

 KECOKDS OF THE FEDERAL CONVENTION 6r 7 Friday MADISON September 14 guarding against the danger of them, moved to preface the clause (Art I 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" Mr. Randolph 2ded. the motion Mr Madison was in favor of it. It did not restrain Con- gress 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 Govt. on that head. Mr Govr. Morris opposed the motion as setting a dishonor- able mark of distinction on the military class of Citizens Mr Pinkney & Mr. Bedford concurred in the opposition. On the question N. H-- no-- Mas-- no-- Ct no. N-- J-- no. Pa. no. Del. no. (Maryd no) n Va ay-- N. C. no. S.C. no. Geo. ay. [Ayes -- 2; noes -- 9.] Col: Mason moved to strike out from the clause (art I sect 9.) "No bill of attainder nor any expost 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. Mr. Gerry :ded. the motion but to extend the prohibition to "Civil cases", which he thought ought to be done. On the question; all the States were--no a Mr Pinkney & Mr. Gerry, moved to insert a declaration "that the liberty of the Press should be inviolably ob- served --" 14 n Taken from Journal. z Detail of Ayes and Noes, Vote 537, makes this a motion "to reconsider the ex post facto clause", which is more in keeping with Gerry's remarks in seconding it. * Crossed out "N.H. no. Mas. no .... Geo. no." 4 See Pinckney's proposition on August 2o, and Appendix A, CLXXIII, CXCII.

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