Mr Govr Morris. This would be going too far. There are a thousand laws, relating to bringing actions–limitations, of actions & which affect contracts. The Judicial power of the U. S. will be a protection in cases within their jurisdiction; and within the State itself a majority must rule, whatever may be the mischief done among themselves.
Mr Sherman. Why then prohibit bills of credit?
Mr Wilson was in favor of Mr King's motion.
Mr Madison admitted that inconveniences might arise from such a prohibition but thought on the whole it would be overbalanced by the utility of it. He conceived however that a negative on the State laws could alone secure the effect. Evasions might and would be devised by the ingenuity of the Legislatures.
Col: Mason. This is carrying the restraint too far. Cases will happen that cannot be foreseen, where some kind of interference will be proper & essential. He mentioned the case of limiting the period for bringing actions on open account–that of bonds after a certain lapse of time–asking whether it was proper to tie the hands of the States from making provision in such cases?
Mr Wilson. The answer to these objections is that retrospective interferences only are to be prohibited.
Mr Madison. Is not that already done by the prohibition of ex post facto laws, which will oblige the Judges to declare such interferences null & void.
Mr Rutlidge moved instead of Mr King's Motion to insert–"nor pass bills of attainder nor retrospective [44] laws" on which motion
N. H. ay. Ct no. N J. ay. Pa ay. Del. ay. Md no. Virga no. N. C. ay. S. C. ay. Geo. ay.
[ [44] In the printed Journal–ex post facto.–Madison's Note.