The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1Madison, James
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The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
"Some Gentlemen think of a total surrender of the State
Sovereignty--I see not the necessity of that measure for
giving us national stability in consequence--the negative of
the federal sovereignty will effectually prevent the
existence of any licentious or inconsiderate act--and I
believe that even under a new monarchy it would be found
necessary thus to continue the local administration--general
Laws would operate many particular [undecipherable] and a
general legislature would be found incompetent to the
formation of local ones--the interest of the United States
may be well combined for the common good--but the affairs of
so extensive a country are not to be thrown into one
mass--an attempt to confederate upon terms materially
opposed to the particular Interests would in all probability
occasion a dismemberment, and in that event, within a long
time yet to come, the prospects of commerce will be at an
end as to any degree of national importance, let her fate be
what it may as to freedom or vassalage."--_Mad. MSS._
Resol: 9 being resumed
The latter parts of the clause relating to the jurisdiction of the Nat^l
tribunals, was struck out nem. con in order to leave full room for their
organization.
M^r Randolph & M^r Madison, then moved the following resolution
respecting a National Judiciary,viz "that the jurisdiction of the
National Judiciary shall extend to cases, which respect the collection
of the national revenue, impeachments of any national officers, and
questions which involve the national peace and harmony" which was agreed
to.
M^r Pinkney & M^r Sherman moved to insert after the words "one supreme
tribunal" the words "the Judges of which to be appointed by the National
Legislature."
M^r Madison, objected to an app^t by the whole Legislature. Many of them
were incompetent Judges of the requisite qualifications. They were too
much influenced by their partialities. The candidate who was present,
who had displayed a talent for business in the legislative field, who
had perhaps assisted ignorant members in business of their own, or of
their Constituents, or used other winning means, would without any of
the essential qualifications for an expositor of the laws prevail over a
competitor not having these recommendations, but possessed of every
necessary accomplishment. He proposed that the appointment should be
made by the Senate, which as a less numerous & more select body, would
be more competent judges, and which was sufficiently numerous to justify
such a confidence in them.
M^r Sherman & M^r Pinkney withdrew their motion, and the app^t by the
Senate was ag^d to nem. con.
Public-domain text, read in full here on John Shaqi.
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