Dr. JOHNSON moved to insert the words, "this Constitution and the," before the word " laws."
Mr. MADISON doubted whether it was not going too far, to extend the jurisdiction of the court generally to cases arising under the Constitution, and 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 Dr. Johnson was agreed to, nem. con., it being generally supposed, that the jurisdiction given was constructively limited to cases of a judiciary nature".
On motion of Mr. RUTLEDGE, the words, "passed by the legislature," were struck out; and after the words, "United States," 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.
Mr. GOUVERNEUR 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.
Mr. WILSON. The committee, he believed, meant facts as well as law, and common as well as civil law. The jurisdiction of the federal court of appeals had, he said, been so construed.
Mr. DICKINSON moved to add, after the word "appellate," the words, "both as to law and fact;" which was agreed to, nem. con.
Mr. MADISON and Mr. GOUVERNEUR MORRIS moved to strike out the beginning of the third section, "The jurisdiction of the supreme court," and 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."
Delaware, Virginia, ay, 2; New Hampshire, Connecticut, Pennsylvania, Maryland, South Carolina, Georgia, no, 6.
On a question for striking out the last sentence of the third section, "The legislature may assign," &c., it passed, nem. con.
Mr. 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 Article of the Confederation; which was agreed to, nem. con.238
Adjourned.
Tuesday, August 28.
In Convention.—Mr. SHERMAN, from the committee to whom were referred several propositions on the 25th instant, made the following report; which was ordered to lie on the table:
"That there be inserted, after the 4th clause of the 7th sect.—'Nor shall any
