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.925

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,

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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*

Mr. MADISON thought it necessary to give the authority, in order to prevent misconstruction. He mentioned the attempt made by the debtors to British subjects, to show that contracts under the old Government were dissolved by the Revolution, which destroyed the political identity of the society.

Mr. GERRY thought it essential that some explicit provision should be made on this subject; so that no pretext might remain for getting rid of the public engagements.

Mr. GOUVERNEUR MORRIS moved, by way of amendment, to substitute, "The Legislature shall discharge the debts, and fulfil the engagements of the United States."

It was moved to vary the amendment, by striking out "discharge the debts," and to insert "liquidate the claims;" which being negatived, the amendment moved by Mr. GOUVERNEUR MORRIS was agreed to, -all the States being in the affirmative.

It was moved and seconded, to strike the following words out of the second clause of the Report: "and the authority of training the militia according to the discipline prescribed by the United States." Before a question was taken, the House

Adjourned.

THURSDAY, AUgust 23d.

In Convention,-The Report of the Committee of eleven, made the twenty-first of August, being taken up, and the following clause being under considera

tion, to wit: "To make laws for organizing, arming and disciplining the militia, and for governing such parts of them as may be employed in the service of the United States; reserving to the States, respectively, the appointment of the officers, and authority of training the militia according to the discipline prescribed,"

Mr. SHERMAN moved to strike out the last member, "and authority of training," &c. He thought it unnecessary. The States will have this authority of course, if not given up.

Mr. ELLSWORTH doubted the propriety of striking out the sentence. The reason assigned applies as well to the other reservation of the appointment to offices. He remarked at the same time, that the term discipline was of vast extent, and might be so expounded as to include all power on the subject.

Mr. KING, by way of explanation, said that by organizing, the Committee meant, proportioning the officers and men-by arming, specifying the kind, size and calibre of arms-and by disciplining, prescribing the manual exercise, evolutions, &c.

Mr. SHERMAN withdrew his motion.

Mr. GERRY. This power in the United States, as explained, is making the States drill-sergeants. He had as lief let the citizens of Massachusetts be disarmed, as to take the command from the States, and subject them to the General Legislature. It would be regarded as a system of despotism.

Mr. MADISON observed, that "arming," as explained, did not extend to furnishing arms; nor the term disciplining," to penalties, and courts martial for enforcing them.