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title:“Draft Resolution by John Blair”
authors:John Blair
date written:1787-8-27

permanent link
to this version:
http://consource.org/document/draft-resolution-by-john-blair-1787-8-27/20130122080415/
last updated:Jan. 22, 2013, 8:04 a.m. UTC
retrieved:June 25, 2018, 5:59 a.m. UTC

transcription
citation:
Blair, John. "Draft Resolution by John Blair." Supplement to Max Farrand's The Records of the Federal Convention of 1787. Ed. James H. Hutson. New Haven: Yale University Press, 1987. 244-45. Print.

Draft Resolution by John Blair (August 27, 1787)

The Judicial power of the United States, shall be vested in one (or more) Supreme Court(s of Law, Equity or Admiralty and one Court to be established and sit at the place where Congress shall sit) [and in such Courts of Admiralty as Congress shall establish in any of the States]—and also (one) [in] Court[s] of Admiralty to be established (in each State—the Judges of which Courts shall hold their offices during good behaviour and shall at stated times receive for their Services a compensation which shall not be diminished during their Continuance in office—1and no such Judge shall be capable of holding or exercising by himself or others, any other office under the United States or any of them—Nor have during—nor shall be appointed to any other such office whose emoluments are of greater value— within three years after a resignation of his office as Judge) [in such of the States as Congress shall direct]—2
3
The Jurisdiction of the Supreme Courts shall extend to all Cases in Law & Equity (and admiralty and maritime Jurisdiction) arising under this Constitution,—the Laws of the United States and Treaties made or which shall be made under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of Admiralty and Maritime Jurisdiction; to Controversies to which the United States shall be a party, to controversies between two or more States; between Citizens of the Same State [Persons] claiming Lands under Grants of different States, and between a State and the Citizens thereof and foreign States, Citizens or Subjects.
4
In all Cases affecting Ambassadors, other public Ministers and Consuls—and those in which a state shall be a party [and Suits between persons claiming Lands under Grants of different States] the Supreme Court shall have original jurisdiction—And in all the other Cases before mentioned the Supreme Courts shall have appellate Jurisdiction as to Law only— except in Cases of Equity and Admiralty and Maritime Jurisdiction in which last mentioned Cases the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact—
5
In all Cases of Admiralty and Maritime Jurisdiction, the Admiralty Courts appointed by (the) Congress shall have original Jurisdiction, and an Appeal may be made to the Supreme Court of Congress for any Sum and in such manner as Congress may by law direct.
6
In all other Cases not otherwise provided for the Superior State Courts shall have original Jurisdiction, and an Appeal may be made to the Supreme [Federal] Court (of Congress) in all Cases where the Subject in Controversy—or the Decree or Judgment of the State Court shall be of the value of one thousand Dollars and in Cases of less value the Appeal shall be to the High Court of Appeals, Court of Errors or other Supreme Court of the State where the Suit shall be tryed—
7
The Trial of all Crimes, except in the Case of impeachment shall be in the Superior [Court] of that State where the offence shall have [been] committed in such manner as the Congress shall by Law direct, except that the Trial shall be by a Jury—But when the Crime shall not have been committed within any one of the United States the trial shall be at such place and in such Manner as Congress shall by law direct, except that such Trial shall also be a Jury.

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