Mr. MADISON was in favor of it. It did not restrain Congress 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 government on that head.
Mr. GOUVERNEUR MORRIS opposed the motion, as setting a dishonorable mark of distinction on the military class of citizens.
Mr. PINCKNEY and Mr. BEDFORD concurred in the opposition.
On the question,—
Virginia, Georgia, ay, 2; New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, North Carolina, South Carolina, no, 9.
Col. MASON moved to strike out from the clause, (article 1, sect. 9,) "no bill of attainder, nor any ex post 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 seconded the motion; but with a view to extend the prohibition to "civil cases," which he thought ought to be done.
On the question, all the states were, no.
Mr. PINCKNEY and Mr. GERRY moved to insert a declaration, "that the liberty of the press should be inviolably observed."
Mr. SHERMAN. It is unnecessary. The power of Congress does not extend to the press.
On the question, it passed in the negative.
Massachusetts, Maryland, Virginia, South Carolina, ay, 4; New Hampshire, (In the printed Journal, New Hampshire, ay,) Connecticut, New Jersey, Pennsylvania, Delaware, North Carolina, Georgia, no, 7.
Article 1, sect. 9. "No capitation tax shall be laid, unless," &c.
Mr. READ moved to insert after "capitation," the words "or other direct tax." He was afraid that some liberty might otherwise be taken to saddle the states with a readjustment, by this rule, of past requisitions of Congress; and that his amendment, by giving another cast to the meaning, would take away the pretext.
Mr. WILLIAMSON seconded the motion, which was agreed to.
On motion of Col. MASON, the words "or enumeration" were inserted after, as explanatory of, "census,"—Connecticut and South Carolina, only, no.
At the end of the clause, "no tax or duty shall be laid on articles exported from any state," was added the following amendment, conformably to a vote on the 31st of August, (p. 502,) viz.:—
"No preference shall be given, by any regulation of commerce or revenue, to the ports of one state over those of another; nor shall vessels bound to or from one state be obliged to enter, clear, or pay duties in another."
Col. MASON moved a clause requiring, "that an account of the public expenditures should be annually published."
vol. v.69
