Met pursuant to adjournment.
The 9th resolve, That a national judicial be established to consist of one supreme tribunal, and of inferior tribunals, to hold their offices during good behaviour, and no augmentation or diminution in the stipends during the time of holding their offices. Agreed to.
Mr. Wilson moved that the judicial be appointed by the executive, instead of the national legislature.
Mr Madison opposed the motion, and inclined to think that the executive ought by no means to make the appointments, but rather that branch of the legislature called the senatorial; and moves that the words, of the appointment of the legislature, be expunged.
Carried by 8 states—against it 2.
The remaining part of the resolve postponed.
The 10th resolve read and agreed to.
The 11th resolve agreed to be postponed.
The 12th resolve agreed to without debate.
The 13th and 14th resolves postponed.
The 15th or last resolve, That the amendment which shall be offered to the confederation, ought at a proper time or times after the approbation of congress to be submitted to an assembly or assemblies of representatives, recommended by the several legislatures, to be expressly chosen by the people, to consider and decide thereon, was taken into consideration.
Mr. Madison endeavored to enforce the necessity of this resolve—because the new national constitution ought to have the highest source of authority, at least paramount to the powers of the respective constitutions of the states—points out the mischiefs that have arisen in the old confederation, which depends upon no higher authority than the confirmation of an ordinary act of a legislature—Instances the law operation of treaties, when contravened by any antecedent acts of a particular state. Mr. King supposes, that as the people have tacitly agreed to a federal government, that therefore the legislature in every state have a right to confirm any alterations or amendments in it—a convention in each state to approve of a new government he supposes however the most eligible. Mr. Wilson is of opinion, that the people by a convention are the only power that can ratify the proposed system of the new government. It is possible that not all the states, nay, that not even a majority, will immediately come into the measure; but such as do ratify it will be immediately bound by it, and others as they may from time to time accede to it.2
Question put for postponement of this resolve. 7 states for postponement—3 against it. Question on the 9th resolve to strike out the words, and of inferior tribunals
Carried by 5 states against 4—2 states divided, of which last number New-York was one. Mr. Wilson then moved, that the national legislature shall have the authority to appoint inferior tribunals, be added to the resolve.
Carried by 7 states against 3. New-York divided. (N. B. Mr. Lansing from New-York was prevented by sickness from attending this day.)
Adjourned to to-morrow morning.