Page:The Records of the Federal Convention of 1787 Volume 2.djvu/434

 4Z8 IICORDS OF THE FEDEI.AL CONVENTION Monday MADISON Art: XI being taken up. 8 Docr. Johnson suggested that the judicial power ought to extend to equity as well as law--and moved to insert the words "both in law and equity" after the words "U. $." in the st llne of sect L Mr. Read objected to vesting these powers in the same Court-- On the question N. IL ay. (Mas. absent) Ct ay. (N.J. abst) P. ay--Del. no. Md no. Virga. ay. (N-- C-- abst.) S.C. ay. Geo. ay. [Ayes -- 6; noes -- 2; absent -- 3-] On the question to agree to Sect. x. art. XI. as amended N-- H-- ay-- (Mas. abst.) Ct. ay-- Pa ay-- (N-- J- abst) Del. no. Md. no. Va. ay. (N-- C-- abst) S.C. ay Geo. ay. [Ayes -- 6; noes m 2; absent-- 3-] Mr. Dickinson moved as an amendment to sect. - art XI  after the words "good behavior" the words "provided that they may be removed by the Executive on the applica- tion (by) the Senate and House of Representatives." Mr. Gerry 2ded. the mction Mr Govr. Morris thought it a contradiction in terms to say that the Judges should hold their offices during good behavior, and yet be removeable without a trial. Besides it was fundamentally wrong to subject Judges to so arbitrary an authority. Mr. Sherman saw no contradiction or impropriety if this were made part of the Constitutional regulation of the Judi- ciary establishment. He observed that a like provision was contained in the British Statutes. Mr, Rutlidge: If the supreme Court is to judge between the U.S. and particular States, this alone is an insuperable objection to the motion. s Article XI, Sect. x. "The Judicial Power of the United $tate shall be vezted in one Supreme Court, and in such inferior Courts as shall, when necessary, from time to time, be constituted by' the Legislature of the United States." Courts, shall hold their offices during good behaviour. They shall, at ztated times, receive for their services, a compensation, which shall not be diminished during their continuance in office."
 * Article XI, Sect. . "The Judgea of the Supreme Court, and of the Inferior

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