In Convention.—Article 7, sect. 1, was resumed.
On the clause, "to appoint a treasurer by ballot,"—
Mr. GORHAM moved to insert "joint" before "ballot," as more convenient, as well as reasonable, than to require the separate concurrence of the Senate.
Mr. PINCKNEY seconds the motion.
Mr. SHERMAN opposed it, as favoring the larger states.
Mr. READ moved to strike out the clause, leaving the appointment of a treasurer, as of other officers, to the executive. The legislature was an improper body for appointments. Those of the state legislatures were a proof of it. The executive, being responsible, would make a good choice.
Mr. MERCER seconds the motion of Mr. Read.
On the motion for inserting the word "joint" before "ballot,"—
New Hampshire, Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, ay, 7; Connecticut, New Jersey, Maryland, no, 3.
Col. MASON, in opposition to Mr. Read's motion, desired it might be considered to whom the money would belong; if to the people, the legislature, representing the people, ought to appoint the keepers of it.
On striking out the clause, as amended, by inserting "joint,"—
Pennsylvania, Delaware, Maryland, South Carolina, ay, 4; New Hampshire, Massachusetts, Connecticut, Virginia, North Carolina, Georgia, no, 6.213
The clause, "to constitute inferior tribunals," was agreed to, nem. con.; as also the clause, "to make rules as to captures on land and water."
The clause, "to declare the law and punishment of piracies and felonies," &c. &c., being considered,—
Mr. MADISON moved to strike out "and punishment," &c., after the words "to declare the law."
Mr. MASON doubts the safety of it, considering the strict rule of construction in criminal cases. He doubted also the propriety of taking the power, in all these cases, wholly from the states.
Mr. GOUVERNEUR MORRIS thought it would be necessary to extend the authority farther, so as to provide for the punishment of counterfeiting in general. Bills of exchange, for example, might be forged in one state, and carried into another.
It was suggested, by some other member, that foreign paper might be counterfeited by citizens, and that it might be politic to provide by national authority for the punishment of it.
Mr. RANDOLPH did not conceive that expunging "the punishment" would be a constructive exclusion of the power. He doubted only the efficacy of the word "declare."
Mr. WILSON was in favor of the motion. Strictness was not necessary in giving authority to enact penal laws, though necessary in enacting and expounding them.
