The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
M^r Dickinson was not apprehensive that the Legislature composed of
different branches constructed on such different principles, would
improperly unite for the purpose of displacing a Judge.
On the question for agreeing to M^r Dickinson's Motion
N. H. no. Mas. abs^t. C^t ay. N. J. abs^t. P^a no. Del. no.
M^d no. V^a no. N. C. abs^t. S. C. no. Geo. no.
M^r Madison and M^r M^cHenry moved to reinstate the words "increased or"
before the word "diminished" in 2^d sect, art. XI.
M^r Gov^r Morris opposed it for reasons urged by him on a former
occasion--
Col: Mason contended strenuously for the motion. There was no weight he
said in the argument drawn from changes in the value of the metals,
because this might be provided for by an increase of salaries so made as
not to affect persons in office, and this was the only argument on which
much stress seemed to have been laid.
Gen^l Pinkney. The importance of the Judiciary will require men of the
first talents: large salaries will therefore be necessary, larger than
the U. S. can allow in the first instance. He was not satisfied with the
expedient mentioned by Col: 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.
M^r Gov^r 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. C^t no. P^a no. Del. no. M^d div^d. V^a ay. S. C. no.
Geo. abs^t also Mas^{ts}. & N. J. & N. C.
M^r Randolph & M^r Madison then moved to add the following words to art.
XI sect. 2. "nor increased by any Act of the Legislature which shall
operate before the expiration of three years after the passing thereof."
On the question
N. H. no. C^t no. P^a no. Del. no. M^d ay. V^a ay. S. C. no.
Geo. abs^t also Mas. N. J. & N. C.
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.
M^r Madison & M^r Gov^r Morris moved to insert after the word
"controversies" the words "to which the U. S. shall be a party," which
was agreed to nem: con:
Doc^r Johnson moved to insert the words "this Constitution and the"
before the word "laws."
M^r 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 Doc^r Johnson was agreed to nem: con: it being generally
supposed that the jurisdiction given was constructively limited to cases
of a Judiciary nature.
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