On the question for striking out "or increase"

Mas. ay. Con^t ay. P^a ay. Del. ay. M^d ay. V^a no. N. C. no.

S. C. ay. Geo. absent

The whole clause as amended was then agreed to nem: con:

12. Resol: "that Nat^l Legislature be empowered to appoint inferior

tribunals"

M^r Butler could see no necessity for such tribunals. The State

Tribunals might do the business.

M^r L. Martin concurred. They will create jealousies & oppositions in

the State tribunals, with the jurisdiction of which they will interfere.

M^r Ghorum. 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 Nat^l

Legislature effectual.

M^r Randolph observed that the Courts of the States can not be trusted

with the administration of the National laws. The objects of

jurisdiction are such as will often place the General & local policy at

variance.

M^r Gov^r Morris urged also the necessity of such a provision.

M^r 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 question for agreeing to 12. Resol: empowering the National

Legislature to appoint "inferior tribunals," Ag^d to nem. con.

"Impeachments of national officers," were struck out on motion for the

purpose.

13. Resol: "The jurisdiction of the Nat^l Judiciary." Several criticisms

having been made on the definition; it was proposed by M^r Madison so to

alter it as to read thus--"that the jurisdiction shall extend to all

cases arising under the Nat^l laws; And to such other questions as may

involve the Nat^l peace & harmony," which was agreed to, nem. con.

Resol. 14. providing for the admission of new States agreed to, nem.

con.

Resol. 15. that provision ought to be made for the continuance of Cong^s

&c. & for the completion of their engagements."

M^r Gov^r Morris thought the assumption of their engagements might as

well be omitted; and that Cong^s 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.

M^r 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 Gov^t and the commencement of

its operation, if the old Gov^t should cease on the first of these

events.

M^r Wilson did not entirely approve of the manner in which the clause

relating to the engagements of Cong^s 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 Govern^t under which they were contracted.

On the question on the 1^{st} part--relating to the continuance of

Cong^s.

Mas. no. Con^t no. P^a no. Del. no. M^d no. V^a ay. N. C. ay.

S. C.[138] ay. Geo. no.

[138] In the printed Journal, S. Carolina--no. Note in Madison's

hand.

The 2^d part as to completion of their engagements, disag^d to, nem.

con.

Resol. 16. "That a Republican Constitution & its existing laws ought to

be guaranteed to each State by the U. States."

M^r Gov^r Morris, thought the Resol: very objectionable. He should be

very unwilling that such laws as exist in R. Island should be

guaranteed.

M^r Wilson. The object is merely to secure the States ag^{st} dangerous

commotions, insurrections and rebellions.

Col. Mason. If the Gen^l Gov^t should have no right to suppress

rebellions ag^{st} particular States, it will be in a bad situation

indeed. As Rebellions ag^{st} itself originate in & ag^{st} individual

States, it must remain a passive Spectator of its own subversion.

M^r Randolph. The Resol^n has 2. objects. 1. to secure a Republican

Government. 2. to suppress domestic commotions. He urged the necessity

of both these provisions.

M^r Madison moved to substitute "that the Constitutional authority of

the States shall be guaranteed to them respectively ag^{st} domestic as

well as foreign violence."

Doc^r McClurg seconded the motion.

M^r 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 & amended. It may also be difficult for the Gen^l Gov^t to

decide between contending parties each of which claim the sanction of

the Constitution.

M^r L. Martin was for leaving the States to suppress Rebellions

themselves.

M^r Ghorum thought it strange that a Rebellion should be known to exist

in the Empire, and the Gen^l Gov^t sh^d be restrained from interposing

to subdue it. At this rate an enterprising Citizen might erect the

standard of Monarchy in a particular State, might gather together

partizans from all quarters, might extend his views from State to State,

and threaten to establish a tyranny over the whole & the Gen^l Gov^t be

compelled to remain an inactive witness of its own destruction. With

regard to different parties in a State; as long as they confine their

disputes to words, they will be harmless to the Gen^l Gov^t & to each

other. If they appeal to the sword, it will then be necessary for the

Gen^l Gov^t, however difficult it may be to decide on the merits of

their contest, to interpose & put an end to it.

M^r Carrol. Some such provision is essential. Every State ought to wish

for it. It has been doubted whether it is a casus federis at the

present. And no room ought to be left for such a doubt hereafter.

M^r Randolph moved to add as an amend^t to the motion; "and that no

State be at liberty to form any other than a Republican Gov^t." M^r

Madison seconded the motion.

M^r Rutlidge thought it unnecessary to insert any guarantee. No doubt

could be entertained but that Cong^s had the authority if they had the

means to co-operate with any State in subduing a rebellion. It was &

would be involved in the nature of the thing.

M^r Wilson moved as a better expression of the idea, "that a Republican

form of Governm^t shall be guaranteed to each State & that each State

shall be protected ag^{st} foreign & domestic violence.

This seeming to be well received, M^r Madison & M^r Randolph withdrew

their propositions & on the Question for agreeing to M^r Wilson's

motion, it passed nem. con.

Adj^d.

The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1 · 第 112 / 114 题