Page:The Records of the Federal Convention of 1787 Volume 3.djvu/622

618 and it is easy in copying to omit one of two similar phrases when the repetition is not perfectly well known to be intentional. On the other hand, it is not easy to imagine that the alternative method which is suggested in Hamilton's copy was really the document read on June i8, yet escaped all notice on the part of all of those whose versions have come down to us.

In the seventh article, relating to the judiciary, the number of judges in the Supreme Court is left blank in the others, whereas in Hamilton's copy the blank is filled with the word twelve. Much the most probable conclusion is that the document originally read had a blank at this point, which Hamilton subsequently filled in with the number. In his longer plan he provides for a court of from six to twelve judges.

The eighth article in Hamilton's copy reads:

"The Legislature of the United States to have power to institute courts in each State for the determination of all causes of capture and of all matters relating to their revenue, or in which the citizens of foreign nations are concerned."

In the other copies we find a less specific definition of their jurisdiction: "for the determination of all matters of general concern." It would be natural, according to the usual rules respecting copying, to suppose that the more specific phrase was the original, the more general derivative; but this presumption is much weakened when we find several independent texts agreeing exactly in their phrasing of this provision.

Finally, in the ninth article, the various texts differ markedly in respect to the composition of the court for trying impeachments. Hamilton's copy provides that they shall be tried by a court consisting "of the judges of the Federal Supreme Court, chief or senior judge of the superior court of law of each State." The others make no mention of the judges of the Federal Supreme Court. Once they were introduced, it is easy to see why the blank in Article 7 should be filled with the word twelve, lest in impeachments of Federal officers they be quite outnumbered by the thirteen chief justices of the States, or so many of them as could attend. But the other copies, while they confine the tribunal to the State judges, have minor variations in their definition of them — Madison, "to consist of the chief or judge of the superior court of law of each State"; Read, "chief  or judges"; Brearley and Paterson, "chef or senior judge". It is not difficult to imagine that, if the writer did not feel perfectly acquainted with the judicial systems of all the States, and therefore could not in advance of discussion decide what phrase should be used to cover the case of States which did not precisely