On motion of M^r 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. M^r Gov^r 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. M^r 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. M^r Dickinson moved to add after the word "appellate" the words "both as to law & fact" which was agreed to nem: con: M^r Madison & M^r Gov^r Morris moved to strike out the beginning of the 3^d 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 beforementioned the Judicial power shall be exercised in such manner as the Legislature shall direct" Del. Virg^a ay. N. H. Con. P. M. S. C. G. no. On a question for striking out the last sentence of the sect. 3. "The Legislature may assign &c." N. H. ay. C^t ay. P^a ay. Del. ay. M^d ay. V^a ay. S. C. ay. Geo. ay. M^r 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 States"--according to the provision in the 9th Art: of the Confederation--which was agreed to nem: con: Adjourned. TUESDAY AUGUST 28 1787. IN CONVENTION M^r Sherman from the Committee to whom were referred several propositions on the 25^{th} instant, made the following report:-- That there be inserted after the 4 clause of 7^{th}. 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 & excises laid by the Legislature shall be uniform throughout the U. S." Art XI Sect. 3, It was moved to strike out the words "it shall be appellate" to insert the words "the supreme Court shall have appellate jurisdiction,"--in order to prevent uncertainty whether "it" referred to the _supreme Court_, or to the _Judicial power_. On the question N. H. ay. Mas. ay. C^t ay. N. J. abs^t. P^a ay. Del. ay. M^d no. V^a ay. N. C. ay. S. C. ay. Geo. ay.