Page:The Records of the Federal Convention of 1787 Volume 2.djvu/437

 RECOlDS OF THE FEDERAL CONVENTION r$I Monday MADISON ffl gst 27 On motion of Mr Rutlidge, the words "passed by the Legis- lature" were struck out and after the words "U. S" were inserted nem. con: the words "and treaties made or which shall be made under their authority"--conformably to a pre- ceding amendment in another place. The clause "in cases of impeachment", was postponed. Mr. Govr. 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 & Common as well as Civil law. The juris- diction 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 & fact which was agreed to nero: con: Mr. Madison : & Mr. Govr. Morris moved to strike out the beginning of the $d sect. 'The jurisdiction o� the supreme Court" & 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 before mentioned the Judicial power shall be exercised in such manner as the Legislature shall direct" (Del. Virga ay N. H Con. P.M. S.C. G no} [Ayes -- 2; noes -- 6.] 4 On a question for striking out the last sentence of sect. 3. "The Legislature may assign &c--" N.H. ay-- Ct ay. Pa ay. Del-- ay-- Md ay-- Va ay m S-- C. ay-- Geo. ay. [Ayes -- 8; noes -- o.] 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 : See Appendix A, CXXXIV. *The preceding line was crossed out: "It was moved but disagreed to." This would seem to correspond to Votes 38 and 382, Detail of Ayes and Noes. See above notes 3 and 4. 4 Taken from JogreaL See above note 5.

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