The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1Madison, James
History
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
M^r Pinkney hoped that in case the experiment should not unanimously
take place, nine States might be authorized to unite under the same
Governm^t.
The propos. 15. was postponed nem. con^t.
M^r Pinkney & M^r Rutlidge moved that to-morrow be assigned to
reconsider that clause of Propos: 4: which respects the election of
the first branch of the National Legislature--which passed in
affirmative,--Con.: N. Y., P^a Del. M^d, V^a, ay.--6 Mas.: N. J.: N. C.:
S. C.: Geo.: no. 5.
Mr. Rutlidge hav^g obtained a rule for reconsideration of the clause for
establishing _inferior_ tribunals under the national authority, now
moved that that part of the clause in the propos. 9. should be expunged:
arguing that the State tribunals might and ought to be left in all cases
to decide in the first instance the right of appeal to the supreme
national tribunal being sufficient to secure the national rights &
uniformity of Judgm^{ts}: that it was making an unnecessary encroachment
on the jurisdiction of the States and creating unnecessary obstacles to
their adoption of the new system. Mr. Sherman 2^{ded} the motion.
M^r Madison observed that unless inferior tribunals were dispersed
throughout the Republic with _final_ jurisdiction in _many_ cases,
appeals would be multiplied to a most oppressive degree; that besides,
an appeal would not in many cases be a remedy. What was to be done after
improper Verdicts in State tribunals obtained under the biassed
directions of a dependent Judge, or the local prejudices of an
undirected jury? To remand the cause for a new trial would answer no
purpose. To order a new trial at the Supreme bar would oblige the
parties to bring up their witnesses, tho' ever so distant from the seat
of the Court. An effective Judiciary establishment commensurate to the
legislative authority, was essential. A Government without a proper
Executive & Judiciary would be the mere trunk of a body, without arms or
legs to act or move.
M^r Wilson opposed the motion on like grounds. He said the admiralty
jurisdiction ought to be given wholly to the national Government, as it
related to cases not within the jurisdiction of particular states, & to
a scene in which controversies with foreigners would be most likely to
happen.
M^r Sherman was in favor of the motion. He dwelt chiefly on the supposed
expensiveness of having a new set of Courts, when the existing State
Courts would answer the same purpose.
M^r Dickinson contended strongly that if there was to be a National
Legislature, there ought to be a national Judiciary, and that the former
ought to have authority to institute the latter.
On the question for M^r Rutlidge's motion to strike out "inferior
tribunals"
Mass^{ts} divided. Con^t ay. N. Y. div^d. N. J. ay. P^a no.
Del. no. M^d no. V^a no. N. C. ay. S. C. ay. Geo. ay.
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