"To make rules as to captures on land & water" do do.
"To declare the law and punishment of piracies and felonies &c &c." considered.
Mr Madison moved to strike out "and punishment &c."
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 Governr Morris thought it would be necessary to extend the authority further, 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 & expounding them.
On motion for striking out "and punishment" as moved by Mr Madison
N.H. no. Mass. ay. Ct no. Pa ay. Del. ay. Md no. Va ay. N.C. ay. S.C. ay. Geo. ay.