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Source & Citation Info

title:“Plan for the National Judiciary”
authors:George Mason
date written:1787-8-27

permanent link
to this version:
https://consource.org/document/plan-for-the-national-judiciary-1787-8-27/20130122083732/
last updated:Jan. 22, 2013, 8:37 a.m. UTC
retrieved:Aug. 18, 2019, 11:50 p.m. UTC

transcription
citation:
Mason, George. "Plan for the National Judiciary." The Papers of George Mason. Vol. 3. Ed. A Rutland. Chapel Hill: The University of North Carolina Press, 1970. 969-70. Print.
manuscript
source:
Manuscript, Mason Papers, Library of Congress

Plan for the National Judiciary (August 27, 1787)

[ca. 27 August 1787]
The Judicial power of the United States, shall be vested in one Supreme Court (and in such Courts of Admiralty as Congress shall establish in any of the States)—And also (in) Court(s) of Admiralty to be established (in such of the States as Congress shall direct).
The Jurisdiction of the Supreme Court shall extend to all Cases in Law & Equity 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 & Consuls; to all Cases of Admiralty & Maritime Jurisdiction; to Controversies to which the United States shall be a party, to controversies between two or m[ore] States; between (Persons) Citizens of the Same State claiming Lands under Grants of different States and between a State & the Citizens thereof and foreign States Citizens or Subjects.
In all Cases affecting Ambassadors other public Ministers & 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 & Admiralty & Maritime Jurisdiction in which last mentioned Cases the Supreme Court shall have appellate Jurisdiction, both as to Law & Fact.
In all Cases of Admiralty & Maritime Jurisdiction, the Admiralty Courts appointed by Congress, shall have original Jurisdiction, and an Appeal may be made to the Supreme Court of [or? ] Congress for any sum & in such maner as Congress may by Law direct.
In all the 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 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.
The Trial of all Crimes, except in Case of impeachment shall be in the Superior [court] of that State where the offence shall have [been] committed in such maner 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 Maner as Congress shall by Law direct, except that such Trial shall also be a Jury.

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