Page:Debates in the Several State Conventions, v5.djvu/357

1787.] 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 "no increase,"—

Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, South Carolina, ay, 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 effectual.

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.''