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sachusetts, Pennsylvania, Maryland, Virginia, aye4; Connecticut, Delaware, North Carolina, South Carolina, no-4; Georgia, absent.
Mr. Madison moved, "that the Judges should be nominated by the Executive, and such nomination should become an appointment if not disagreed to within days by two-thirds of the second branch."
Mr. GOUVERNEUR MORRIS seconded the motion.
By common consent the consideration of it was postponed till to-morrow.
“ To hold their offices during good behaviour, and to receive fixed salaries,”—agreed to, nem. con.
'In which [salaries of Judges] no increase or diminution shall be made so as to affect the persons actually in office at the time.”
Mr. GOUVERNEUR MORRIS moved to strike out "or increase.” He thought the Legislature ought to be at liberty to increase salaries, as circumstances might require; and that this would not create any improper dependence in the Judges.
Doctor FRANKLIN was in favor of the motion. Money may not only become plentier; but the business of the Department may increase, as the country becomes more populous.
Mr. Madison. The dependence will be less if the increase alone should be permitted; but it will be improper even so far to permit a dependence. Whenever an increase is wished by the Judges, or may be in agitation in the Legislature, an undue complaisance in the former may be felt towards the latter. If at such a crisis there should be in court suits to which leading members of the Legislature may be parties, the Judges will be in a situation which
ought not to be suffered, if it can be prevented. The variations in the value of money may be guarded against by taking for a standard wheat or some other thing of permanent value. The increase of business will be provided for by an increase of the number who are to do it. An increase of salaries may easily be so contrived as not to affect persons in office.
Mr. GOUVERNEUR Morris. The value of money may not only alter, but the state of society may alter. In this event, the same quantity of wheat, the same value, would not be the same compensation. The amount of salaries must always be regulated by the manners and the style of living in a country. The increase of business cannot be provided for in the supreme tribunal, in the way that has been mentioned. All the business of a certain description, whether more or less, must be done in that single tribunal. Additional labor alone in the Judges can provide for additional business. Additional compensation, therefore, ought not to be prohibited.
On the question for striking out, “or increase, Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, South Carolina, aye–6; Virginia, North Carolina, no—2; Georgia, absent.
The whole clause, as amended, was then agreed to, nem. con.
The twelfth Resolution," that the National Legislature be empowered to appoint inferior tribunals," being taken up,
Mr. BUTLER could see no necessity for such tribunals. The State tribunals might do the business.
Mr. L. Martin concurred. They will create jealousies and oppositions in the State tribunals, with the jurisdiction of which they will interfere.
Mr. GORHAM. There are in the States already Federal Courts, with jurisdiction for trial of piracies, &c. committed on the seas. No complaints have been made by the States or the courts of the States. Inferior tribunals are essential to render the authority of the National Legislature effecțual.
Mr. RANDOLPH observed, that the courts of the States cannot be trusted with the administration of the National laws. The objects of jurisdiction are such as will often place the general and local policy at variance.
Mr. GOUVERNEUR MORRis urged also the necessity of such a provision.
Mr. SHERMAN was willing to give the power to the Legislature, but wished them to make use of the State tribunals, whenever it could be done with safety to the general interest.
Col. Mason thought many circumstances might arise, not now to be foreseen, which might render such a power absolutely necessary.
On the question for agreeing to the twelfth Resolution, empowering the National Legislature to appoint inferior tribunals,-it was agreed to, nem. con.
The clause of “Impeachments of national officers," was struck out, on motion for the purpose.
The thirteenth Resolution, “The jurisdiction of the National Judiciary, &c.” being then taken up, several criticisms having been made on the definition, it was proposed by Mr. Madison so to alter it as to read thus; "that the jurisdiction shall extend
to all cases arising under the national laws; and to such other questions as may involve the national peace and harmony;" wbich was agreed to, nem. con.
The fourteenth Resolution, providing for the admission of new States, was agreed to, nem. con.
The fifteenth Resolution, “that provision ought to be made for the continuance of Congress, &c. and for the completion of their engagements,” being considered, —
Mr. GOUVERNEUR Morris thought the assumption of their engagements might as well be omitted; and that Congress ought not to be continued till all the States should adopt the reform; since it may become expedient to give effect to it whenever a certain number of States shall adopt it.
Mr. MADISON. The clause can mean nothing more than that provision ought to be made for preventing an interregnum ; which must exist, in the interval between the adoption of the new Government and the commencement of its operation, if the old Government should cease on the first of these events.
Mr. Wilson did not entirely approve of the manner in which the clause relating to the engagements of Congress was expressed; but he thought some provision on the subject would be proper in order to prevent any suspicion that the obligations of the Confederacy might be dissolved along with the Government under which they were contracted.
On the question on the first part, relating to the continuance of Congress,–Virginia, North Carolina, South Carolina,* aye-3; Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Georgia, no—6. The second part, as to the completion of their engagements, was disagreed to, nem. con.
* In the printed Journal, South Carolina, no.
The sixteenth Resolution, “That a republican Constitution and its existing laws ought to be guaranteed to each State by the United States” being considered,
Mr. GOUVERNEUR MORRIS thought the Resolution very objectionable. He should be very unwilling that such laws as exist in Rhode Island should be guaranteed.
Mr. Wilson. The object is merely to secure the States against dangerous commotions, insurrections and rebellions.
Col. MASON. If the General Government should have no right to suppress rebellions against particular States, it will be in a bad situation indeed. As rebellions against itself originate in and against individual States, it must remain a passive spectator of its own subversion.
Mr. RANDOLPH. The Resolution has two objects, first, to secure a republican government; secondly, to suppress domestic commotions. He urged the necessity of both these provisions.
Mr. Madison moved to substitute," that the constitutional authority of the States shall be guaranteed to them respectively against domestic as well as foreign violence."
Doctor McCLURG seconded the motion.
Mr. HOUSTON was afraid of perpetuating the existing Constitutions of the States. That of Georgia was a very bad one, and he hoped would be revised and amended. It may also be difficult for the Gen