Monday MADISON August 27 Mason. He did not think it would have a good effect or a good appearance, for new Judges to come in with higher salaries than the old ones. Mr Govr Morris said the expedient might be evaded & therefore amounted to nothing. Judges might resign, & then be re-appointed to increased salaries. On the question N. H. no- Ct no. Pa no. Del. no- Md. divd Va ayS. C. no- Geo. abst. (also Masts— N. J. & N— C—) [Ayes -1; noes-5; divided 1; absent — 4.] Mr. Randolph & Mr. Madison then moved to add the following words to sect 2. art XI. "nor increased by any Act of the Legislature which shall operate before the expiration of three years after the passing thereof" On this question N. H. no. Ct. no- Pa. no. Del. no. Md ay- Va ayS. C. no. Geo- abst (also Mas. N. J. & N. C.) [Ayes 2; noes 5; absent- - 4.] Sect. 3- art. XI." being taken up- the following clause was postponed viz. "to the trial of impeachments of officers of the U. S." by which the jurisdiction of the supreme Court was extended to such cases. Mr Madison & Mr. Govr. Morris moved to insert after the word "controversies" the words "to which the US shall be a party" — which was agreed to nem: con: Docr. Johnson moved to insert the words "this Constitution and the" before the word "laws" Mr Madison doubted whether it was not going too far to extend the jurisdiction of the Court generally to cases arising Under the Constitution, & whether it ought not to be limited to cases of a Judiciary Nature. The right of expounding the Constitution in cases not of this nature ought not to be given to that Department. The motion of Docr. Johnson was agreed to nem: con: it being generally supposed that the jurisdiction given was constructively limited to cases of a Judiciary nature " Relating to the jurisdiction of the Supreme Court. Monday MADISON August 27 On motion of Mr Rutlidge, the words "passed by the Legislature" were struck out, and after the words "U. S" were inserted nem. con: the words "and treaties made or which shall be made under their authority"-conformably to a preceding amendment in another place. The clause "in cases of impeachment", was postponed. Mr. Govr. Morris wished to know what was meant by the words "In all the cases before mentioned it (jurisdiction) shall be appellate with such exceptions &c," whether it extended to matters of fact as well as law and to cases of Common law as well as Civil law. Mr. Wilson. The Committee he believed meant facts as well as law & Common as well as Civil law. The jurisdiction of the federal Court of Appeals had he said been so construed.12 Mr. Dickinson moved to add after the word "appellate" the words "both as to law & fact which was agreed to nem: con: Mr. Madison13 & Mr. Govr. Morris moved to strike out the beginning of the 3d sect. "The jurisdiction of the supreme Court" & to insert the words "the Judicial power" which was agreed to nem: con: The following motion was disagreed to, to wit to insert "In all the other cases before mentioned the Judicial power shall be exercised in such manner as the Legislature shall direct" (Del. Virga ay N. H Con. P. M. S. C. G no) [Ayes 2; noes 6.] 14 On a question for striking out the last sentence of sect. 3. "The Legislature may assign &c—” N. H. ay- Ct ay. Pa ay. Del- ay- Md ay- Va ayS-C. ay-Geo. ay. [Ayes-8; noes noes-o.] Mr. Sherman moved to insert after the words "between Citizens of different States" the words, "between Citizens of the same State claiming lands under grants of different 12 See Appendix A, CXXXIV. 13 The preceding line was crossed out: "It was moved but disagreed to." This would seem to correspond to Votes 381 and 382, Detail of Ayes and Noes. See above notes 3 and 4. 14 Taken from Journal. See above note 5. Monday MASON August 27 States" - according to the provision in the 9th. art: of the Confederation - which was agreed to nem: con:15 Adjourned 16 MCHENRY Monday 27 Augt. Amended the Presidential oath of office - made some other amendments - postponed what follows from the oath to the end. Agreed to the 1. 2 and 3 sect. of the XI article with amend ments. MASON 17 The judicial power of the United States shall be vested in one Supreme Court and in such Courts of Admiralty as Congress shall establish in any of the States. And also in Courts of Admiralty to be established in such of the States as Congress shall direct. The jurisdiction of the supreme courts shall extend to all cases in law and equity arising under this Constitution, the laws of the United States and treaties made or which shall be made under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party, to controversies between two or more States; between citizens of the same State claiming lands of different States, and between a State and the citizens thereof and foreign States, citizens or subjects. In all cases affecting ambassadors, other public ministers 16 See further Appendix A, CLVIII (83-87), CCVIII, CCXIV, CCXV, CCXXVIII, CCCVI, CCCXIV. 16 See further Appendix A, XCIV. "This document, not in Mason's handwriting, was found among the Mason Papers. It seems to represent a plan for the organization and jurisdiction of the judiciary, which must have been prepared about this time by some one familiar with the work of the Convention. There is no evidence that it was presented to the Convention. It is reprinted here from K. M. Rowland, Life of George Mason, II, 385–386, Monday MASON August 27 and consuls, and those in which a State shall be a party, and suits between persons claiming lands under grants of different States the Supreme Court shall have original jurisdiction, and in all the other cases before mentioned the Supreme Courts shall have appellate jurisdiction as to law only, except in cases of equity and admiralty and maritime jurisdiction in which last mentioned cases the Supreme Court shall have appellate jurisdiction, both as to law and fact. In all cases of admiralty and maritime jurisdiction, the Admiralty Courts appointed by Congress shall have original jurisdiction, and an appeal may be made to the Supreme Court of Congress for any sum and in such manner as Congress may by law direct. In all other cases not otherwise provided for the Superior State Courts shall have original jurisdiction, and an appeal may be made to the Supreme federal Court in all cases where the subject in controversy or the decree or judgment of the State court shall be of the value of one thousand dollars and in cases of less value the appeal shall be to the High Court of Appeals, Court of Errors or other Supreme Court of the State where the suit shall be tried. The trial of all crimes, except in case of impeachment shall be in the Superior Court of that State where the offence shall have been committed in such manner as the Congress shall by law direct except that the trial shall be by a jury. But when the crime shall not have been committed within any one of the United States the trial shall be at such place and in such manner as Congress shall by law direct, except that such trial shall also be by a jury. TUESDAY, AUGUST 28, 1787. JOURNAL Tuesday August 28. 1787 The honorable Mr Sherman from the Committee to whom were referred several propositions entered on the Journal of the 25 instant informed the House that the Committee were prepared to report - The report was then delivered in at the Secretary's table, was read, and is as follows. The Committee report that the following be inserted after the 4 clause of the 7 section. "Nor shall any regulation of commerce or revenue give "preference to the ports of one State over those of another "or oblige Vessels bound to or from any State to enter, clear, "or pay duties in another. And all tonnage, duties, imposts, and excises, laid by the "Legislature shall be uniform throughout the United States" It was moved and seconded to strike out the words "it shall be appellate" and to insert the words "the Supreme Court shall have appellate jurisdiction" 3 sect. II article 9; noes which passed in the affirmative [Ayes It was moved and seconded to amend the 4th section of the IIth article to read as follows. "The trial of all crimes (except in cases of impeachment) "shall be by Jury and such trial shall be held in the State "where the said crimes shall have been committed; but when "not committed within any State then the trial shall be at "such place or places as the Legislature may direct." which passed in the affirmative 1 Vote 385, Detail of Ayes and Noes. In this and the four votes following the vote of Massachusetts is recorded in the Rhode Island column. 1 |