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Article 3, Section 2, Clause 1



Document 7

Records of the Federal Convention

[1:22; Virginia Plan, Madison, 29 May]

. . . that the jurisdiction of the inferior tribunals shall be to hear & determine in the first instance, and of the supreme tribunal to hear and determine in the dernier resort, all piracies & felonies on the high seas, captures from an enemy; cases in which foreigners or citizens of other States applying to such jurisdictions may be interested, or which respect the collection of the National revenue; impeachments of any National officers, and questions which may involve the national peace and harmony.

[1:28; Paterson, 29 May]

2. A natl Judiciary to be elected by the natl. Legr.--To consist of an inferior and superior Tribunal--To determine Piracies, Captures, Disputes between Foreigners and Citizens, and the Citizen of one State and that of another, Revenue-matters, national Officers--

[1:211; Journal, 12 June]

It was moved and seconded to alter the resolution submitted by Mr Randolph, so as to read as follows namely.

"That the jurisdiction of the supreme Tribunal shall be to hear and determine in the dernier resort all piracies, felonies &ca"

It was moved and seconded to postpone the whole of the last clause generally.

It was then moved and seconded to strike out the words "all piracies and felonies on the high seas"

passed in the affirmative

It was moved and seconded to strike out the words "all captures from an enemy"

passed in the affirmative

It was moved and seconded to strike out the words "other States" and to insert the words "two distinct States in the union"

passed in the affirmative

[1:223; Journal, 13 June]

It was moved by Mr Randolph seconded by Mr Madison to adopt the following resolution respecting the national Judiciary namely

"That the jurisdiction of the national Judiciary shall extend to cases which respect the collection of the national revenue, impeachments of any national officers, and questions which involve the national peace and harmony"

passed in the affirmative

. . . . .

13 Resolved. that the jurisdiction of the national Judiciary shall extend to cases which respect the collection of the national revenue: impeachments of any national Officers: and questions which involve the national peace and harmony.

[1:238; Yates, 13 June]

Gov. Randolph observed the difficulty in establishing the powers of the judiciary--the object however at present is to establish this principle, to wit, the security of foreigners where treaties are in their favor, and to preserve the harmony of states and that of the citizens thereof. This being once established, it will be the business of a sub-committee to detail it; and therefore moved to obliterate such parts of the resolve so as only to establish the principle, to wit, that the jurisdiction of the national judiciary shall extend to all cases of national revenue, impeachment of national officers, and questions which involve the national peace or harmony. Agreed to unanimously.

[1:243; New Jersey Plan, Madison, 15 June]

. . . provided that all punishments, fines, forfeitures & penalties to be incurred for contravening such acts rules and regulations shall be adjudged by the Common law Judiciarys of the State in which any offence contrary to the true intent & meaning of such Acts rules & regulations shall have been committed or perpetrated, with liberty of commencing in the first instance all suits & prosecutions for that purpose in the superior Common law Judiciary in such State, subject nevertheless, for the correction of all errors, both in law & fact in rendering judgment, to an appeal to the Judiciary of the U. States

. . . . .

. . . that the Judiciary so established shall have authority to hear & determine in the first instance on all impeachments of federal officers, & by way of appeal in the dernier resort in all cases touching the rights of Ambassadors, in all cases of captures from an enemy, in all cases of piracies & felonies on the high seas, in all cases in which foreigners may be interested, in the construction of any treaty or treaties, or which may arise on any of the Acts for regulation of trade, or the collection of the federal Revenue:

[1:292; Madison, 18 June]

VII. The Supreme Judicial authority to be vested in Judges to hold their offices during good behaviour with adequate and permanent salaries. This Court to have original jurisdiction in all causes of capture, and an appellative jurisdiction in all causes in which the revenues of the general Government or the citizens of foreign nations are concerned.

[1:317; Madison, 19 June]

[Madison]--He observed that the plan of Mr. Pat--son besides omitting a controul over the States as a general defence of the federal prerogatives was particularly defective in two of its provisions. 1. Its ratification was not to be by the people at large, but by the Legislatures. It could not therefore render the acts of Congs. in pursuance of their powers even legally paramount to the Acts of the States. 2. It gave to the federal tribunal an appellate jurisdiction only--even in the criminal cases enumerated, The necessity of any such provision supposed a danger of undue acquittals in the State tribunals. Of what avail wd. an appellate tribunal be, after an acquttal? Besides in most if not all of the States, the Executives have by their respective Constitutions the right of pardg. How could this be taken from them by a legislative ratification only?

[2:39; Journal, 18 July]

It was moved and seconded to strike the words

"impeachments of national Officers" out of the 13th resolution

which passed unanimously in the affirmative

It was moved and seconded to alter the 13th resolution so as to read as follows namely

That the jurisdiction of the national Judiciary shall extend to cases arising under laws passed by the general Legislature, and to such other questions as involve the National peace and harmony

which passed unanimously in the affirmative

[2:132; Committee of Detail, I]

Resolved That the Jurisdiction of the national Judiciary shall extend to Cases arising under the Laws passed by the general Legislature, and to such other Questions as involve the national Peace and Harmony.

[2:135; Committee of Detail, III]

14. S. & H. D. in C. ass. shall be the last Resort on Appeal in Disputes between two or more States; which Authority shall be exercised in the following Manner &c

15. S. & H. D. in C. ass. shall institute Offices and appoint Officers for the Departments of for. Affairs, War, Treasury and Admiralty------

They shall have the exclusive Power of declaring what shall be Treason & Misp. of Treason agt. U. S.--and of instituting a federal judicial Court, to which an Appeal shall be allowed from the judicial Courts of the several States in all Causes wherein Questions shall arise on the Construction of Treaties made by U. S.--or on the Law of Nations--or on the Regulations of U. S. concerning Trade & Revenue--or wherein U. S. shall be a Party--The Court shall consist of Judges to be appointed during good Behaviour--S. & H. D. in C. ass shall have the exclusive Right of instituting in each State a Court of Admiralty, and appointing the Judges &c of the same for all maritime Causes which may arise therein respectively.

[2:146; Committee of Detail, IV]

7. The jurisdiction of the supreme tribunal shall extend

1 to all cases, arising under laws passed by the general Legislature

2. to impeachments of officers, and

3. to such other cases, as the national legislature may assign, as involving the national peace and harmony,

in the collection of the revenue in disputes

between citizens of different

states

in disputes between a State & a Citizen or Citizens of another State

in disputes between different states;

and

in disputes, in which subjects or citizens of other countries are concerned

& in Cases of Admiralty Jurisdn

But this supreme jurisdiction shall be appellate only, except in Cases of Impeachmt. & those instances, in which the legislature shall make it original. and the legislature shall organize it

8. The whole or a part of the jurisdiction aforesaid according to the discretion of the legislature may be assigned to the inferior tribunals, as original tribunals.

[2:157; Committee of Detail, VII]

That the Judiciary have authority to hear and determine all Impeachments of foederal Officers; and, by Way of Appeal, in all Cases touching the Rights of Ambassadors--in all Cases of Capture from an Enemy--in all Cases of Piracies and Felonies on the high Seas--in all Cases of Revenue--in all Cases in which Foreigners may be interested in the Construction of any Treaty, or which may arise on any Act for regulating Trade or collecting Revenue or on the Law of Nations, or general commercial or marine Laws

. . . . .

The foederal judicial Court shall try Officers of the U. S. for all Crimes &C in their Offices--

The Legislature of U. S. shall have the exclusive Right of instituting in each State a Court of Admiralty for hearing and determining maritime Causes.

[2:160; Committee of Detail, VIII]

In all Disputes and Controversies now subsisting, or that may hereafter subsist between two or more States, the Senate shall possess the following Powers. Whenever the Legislature, or the Executive Authority, or the lawful Agent of any State in Controversy with another shall by Memorial to the Senate, state the Matter in Question, and apply for a Hearing, Notice of such Memorial and application shall be given by Order of the Senate to the Legislature or the Executive Authority of the other State in Controversy. The Senate shall also assign a Day for the Appearance of the Parties by their Agents before that House. The Agents shall be directed to appoint by joint Consent Commissioners or Judges to constitute a Court for hearing and determining the Matter in Question. But if the Agents cannot agree, the Senate shall name three Persons out of each of the several States, and from the List of such Persons each Party shall alternately strike out one until the Number shall be reduced to thirteen; and from that Number not less than seven, nor more than nine Names, as the Senate shall direct, shall, in their Presence, be drawn out by Lot; and the Persons, whose names shall be so drawn, or any five of them, shall be Commissioners or Judges to hear and finally determine the Controversy; provided a major Part of the Judges, who shall hear the cause agree in the Determination. If either Party shall neglect to attend at the Day assigned, without showing sufficient Reasons for not attending, or, being present, shall refuse to strike, the Senate shall proceed to nominate three Persons out of each State, and the Secretary or Clerk of the Senate shall strike in Behalf of the Party absent or refusing. If any of the Parties shall refuse to submit to the Authority of such Court, or shall not appear to prosecute or defend their Claim or Cause; the Court shall nevertheless proceed to pronounce Judgment. The Judgment shall be final and conclusive. The Proceedings shall be transmitted to the President of the Senate and shall be lodged among the public Records for the security of the Parties concerned. Every Commissioner shall before he sit in Judgment, take an Oath, to be administered by one of the Judges of the Supreme or Superior Court of the State, where the Cause shall be tried, "well and truly to hear and determine the Matter in Question, according to the best of his Judgment, without Favour, Affection or Hope of Reward."

All Controversies concerning Lands claimed under different Grants of two or more States, whose Jurisdictions, as they respect such Lands, shall have been decided or adjusted subsequent to such Grants, shall, on Application to the Senate, be finally determined, as near as may be in the same Manner as is before prescribed for deciding Controversies between different States.

. . . . .

[2:170, 172; Committee of Detail, IX]

In all Disputes and Controversies now subsisting, or that may hereafter subsist between two or more States respecting Jurisdn or Territory, the Senate shall possess the following Powers. Whenever the Legislature, or the Executive Authority, or the lawful Agent of any State, in controversy with another, shall, by Memorial to the Senate, state the Matter in Question, and apply for a Hearing, Notice of such Memorial and Application shall be given, by Order of the Senate, to the Legislature, or the Executive Authority of the other State in Controversy. The Senate shall also assign a Day for the Appearance of the Parties, by their Agents before that House. The Agents shall be directed to appoint, by joint Consent, Commissioners or Judges to constitute a Court for hearing and determining the Matter in Question. But if the Agents cannot agree, the Senate shall name three Persons out of each of the several States; and from the List of such Persons each Party shall alternately strike out one, until the Number shall be reduced to thirteen; and from that Number not less than seven, nor more than nine names, as the Senate shall direct, shall in their Presence, be drawn out by Lot; and the Persons whose Names shall be so drawn, or any five of them shall be Commissioners or Judges to hear and finally determine the Controversy, provided a majority of the Judges, who shall hear the Cause, agree in the Determination. If either Party shall neglect to attend at the Day assigned, without shewing sufficient Reasons for not attending; or being present, shall refuse to strike, the Senate shall proceed to nominate three Persons out of each State, and the Clerk of the Senate shall strike in Behalf of the Party absent or refusing. If any of the Parties shall refuse to submit to the Authority of such Court, or shall not appear to prosecute or defend their Claim or Cause; the Court shall nevertheless proceed to pronounce Judgment. The Judgment shall be final and conclusive. The Proceedings shall be transmitted to the President of the Senate, and shall be lodged among the public Records for the Security of the Parties concerned. Every Commissioner shall, before he sit in Judgment, take an Oath, to be administered by one of the Judges of the Supreme or Superior Court of the State where the Cause shall be tried, "well and truly to hear and determine the Matter in Question according to the best of his Judgment, without Favor, Affection or Hope of Reward."

All controversies concerning Lands claimed under different Grants of two or more States, whose Jurisdictions as they respect such Lands, shall have been decided or adjusted subsequent to such Grants or any of them shall, on Application to the Senate, be finally determined, as near as may be, in the same manner as is before prescribed for deciding Controversies between different States.

. . . . .

The Jurisdiction of the Supreme Court shall extend to all Cases arising under Laws passed by the Legislature of the United States; to all Cases affecting Ambassadors other public Ministers & Consuls, to the Trial of Impeachments of Officers of the United States; to all Cases of Admiralty and Maritime Jurisdiction; to Controversies between States,--except those wh. regard Jurisdn or Territory,--betwn a State and a Citizen or Citizens of another State, between Citizens of different States and between a State or the Citizens thereof and foreign States, Citizens or Subjects. In Cases of Impeachment, Cases affecting Ambassadors other public Ministers & Consuls, and those in which a State shall be a Party, this Jurisdiction shall be original. In all the other Cases beforementioned, it shall be appellate, with such Exceptions and under such Regulations as the Legislature shall make. The Legislature may assign any part of the Jurisdiction above mentd.,--except the Trial of the Executive--, in the Manner and under the Limitations which it shall think proper to such inferior Courts as it shall constitute from Time to Time.

[2:183, 186; Madison, 6 Aug.]

Sect. 2. In all disputes and controversies now subsisting, or that may hereafter subsist between two or more States, respecting jurisdiction or territory, the Senate shall possess the following powers. Whenever the Legislature, or the Executive authority, or lawful Agent of any State, in controversy with another, shall by memorial to the Senate, state the matter in question, and apply for a hearing; notice of such memorial and application shall be given by order of the Senate, to the Legislature or the Executive authority of the other State in Controversy. The Senate shall also assign a day for the appearance of the parties, by their agents, before the House. The Agents shall be directed to appoint, by joint consent, commissioners or judges to constitute a Court for hearing and determining the matter in question. But if the Agents cannot agree, the Senate shall name three persons out of each of the several States; and from the list of such persons each party shall alternately strike out one, until the number shall be reduced to thirteen; and from that number not less than seven nor more than nine names, as the Senate shall direct, shall in their presence, be drawn out by lot; and the persons whose names shall be so drawn, or any five of them shall be commissioners or Judges to hear and finally determine the controversy; provided a majority of the Judges, who shall hear the cause, agree in the determination. If either party shall neglect to attend at the day assigned, without shewing sufficient reasons for not attending, or being present shall refuse to strike, the Senate shall proceed to nominate three persons out of each State, and the Clerk of the Senate shall strike in behalf of the party absent or refusing. If any of the parties shall refuse to submit to the authority of such Court; or shall not appear to prosecute or defend their claim or cause, the Court shall nevertheless proceed to pronounce judgment. The judgment shall be final and conclusive. The proceedings shall be transmitted to the President of the Senate, and shall be lodged among the public records, for the security of the parties concerned. Every Commissioner shall, before he sit in judgment, take an oath, to be administred by one of the Judges of the Supreme or Superior Court of the State where the cause shall be tried, "well and truly to hear and determine the matter in question according to the best of his judgment, without favor, affection, or hope of reward."

Sect. 3. All controversies concerning lands claimed under different grants of two or more States, whose jurisdictions, as they respect such lands shall have been decided or adjusted subsequent to such grants, or any of them, shall, on application to the Senate, be finally determined, as near as may be, in the same manner as is before prescribed for deciding controversies between different States.

. . . . .

Sect. 3. The Jurisdiction of the Supreme Court shall extend to all cases arising under laws passed by the Legislature of the United States; to all cases affecting Ambassadors, other Public Ministers and Consuls; to the trial of impeachments of Officers of the United States; to all cases of Admiralty and maritime jurisdiction; to controversies between two or more States, (except such as shall regard Territory or Jurisdiction) between a State and Citizens of another State, between Citizens of different States, and between a State or the Citizens thereof and foreign States, citizens or subjects. In cases of impeachment, cases affecting Ambassadors, other Public Ministers and Consuls, and those in which a State shall be party, this jurisdiction shall be original. In all the other cases before mentioned, it shall be appellate, with such exceptions and under such regulations as the Legislature shall make. The Legislature may assign any part of the jurisdiction above mentioned (except the trial of the President of the United States) in the manner, and under the limitations which it shall think proper, to such Inferior Courts, as it shall constitute from time to time.

[2:335; Journal, 20 Aug.]

The jurisdiction of the supreme court shall be extended to all controversies between the United States and an individual State--or the United States and the Citizen of an individual State.

To assist the President in conducting the Public affairs there shall be a Council of State composed of the following Officers. 1. The Chief Justice of the supreme Court, who shall from time to time recommend such alterations of, and additions to, the Laws of the United-States as may in his opinion be necessary to the due administration of Justice, and such as may promote useful learning and inculcate sound morality throughout the Union: He shall be President of the Council in the absence of the President.

[2:342; Madison, 20 Aug.]

"The Jurisdiction of the supreme Court shall be extended to all controversies between the U. S. and an individual State, or the U. S. and the Citizens of an individual State"

These propositions were referred to the Committee of detail without debate or consideration of them, by the House.

Mr. Govr. Morris 2ded. by Mr. Pinkney submitted the following propositions which were in like manner referred to the Committee of Detail.

"To assist the President in conducting the Public affairs there shall be a Council of State composed of the following officers--1. The Chief Justice of the Supreme Court, who shall from time to time recommend such alterations of and additions to the laws of the U. S. as may in his opinion be necessary to the due administration of Justice, and such as may promote useful learning and inculcate sound morality throughout the Union: He shall be President of the Council in the absence of the President

[2:367; Journal, 22 Aug.]

"The President of the United States shall have a Privy-Council which shall consist of the President of the Senate, the Speaker of the House of representatives, the Chief Justice of the Supreme Court, and the principal Officer in the respective departments of foreign affairs, domestic-affairs, War, Marine, and Finance, as such departments of office shall from time to time be established--whose duty it shall be to advise him in matters respecting the execution of his Office, which he shall think proper to lay before them: But their advice shall not conclude him, nor affect his responsibility for the measures which he shall adopt"

[2:400; Madison, 24 Aug.]

Sect: 2 & 3 of art: IX being taken up,

Mr Rutlidge said this provision for deciding controversies between the States was necessary under the Confederation, but will be rendered unnecessary by the National Judiciary now to be established, and moved to strike it out.

Docr. Johnson 2ded. the Motion

Mr. Sherman concurred: so did Mr Dayton.

Mr. Williamson was for postponing instead of striking out, in order to consider whether this might not be a good provision, in cases where the Judiciary were interested or too closely connected with the parties--

Mr. Ghorum had doubts as to striking out, The Judges might be connected with the States being parties--He was inclined to think the mode proposed in the clause would be more satisfactory than to refer such cases to the Judiciary--

On the Question for postponing the 2d and 3d Section, it passed in the negative

N. H. ay. Masts. no. Cont. no N. J. no. Pena abst. Del. no. Md. no. Va no. N. C. ay S--C no. Geo. ay. [Ayes--3; noes--7; absent--1.]

Mr. Wilson urged the striking out, the Judiciary being a better provision.

On Question for striking out 2 & 3 Sections Art: IX

N. H. ay. Mas: ay. Ct. ay. N. J--ay. Pa. abst. Del--ay. Md. ay. Va ay. N. C. no. S. C. ay--Geo. no. [Ayes--8; noes--2; absent--1.]

[2:422; Journal, 27 Aug.]

It was moved and seconded to insert the words

"both in Law and Equity" after the words "United States"

1 line, 1 sect, 11th article

which passed in the affirmative [Ayes--6; noes--2.] On the question to agree to the 1st sect. 11 article as amended.

it passed in the affirmative. [Ayes--6; noes--2.]

. . . . .

It was moved and seconded to postpone the following clause "in cases of impeachment"

which passed in the affirmative

It was moved and seconded to insert the words

"the United States or" before the words "a State shall be a party"

which passed in the affirmative

It was moved and seconded to agree to the following amendment.

In all the other cases beforementioned original jurisdiction shall be in the Courts of the several States but with appeal both as to Law and fact to the courts of the United States, with such exceptions and under such regulations, as the Legislatures shall make.

The last motion being withdrawn,

It was moved and seconded to amend the clause to read

"In cases of impeachment, cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, this jurisdiction shall be original In all the other cases before mentioned it shall be appellate both as to law and fact with such exceptions and under such regulations as the Legislature shall make"

which passed in the affirmative

It was moved and seconded to add the following clause to the last amendment.

"But in cases in which the United States shall be a Party the jurisdiction shall be original or appellate as the Legislature may direct"

[To strike out the words "original or" Ayes--6; noes--2.]

which passed in the negative [Ayes--3; noes--5.]

On the question to reconsider the 3rd section 11 article

it passed in the affirmative

It was moved and seconded to strike out the words

"The jurisdiction of the Supreme Court" and to insert the words "The Judicial Power"

which passed in the affirmative

It was moved and seconded to strike out the words "this jurisdiction shall be original" and to insert the words "The supreme Court shall have original jurisdiction"

which passed in the affirmative

It was moved and seconded to agree to the following amendment

"In all the other cases before mentioned the judicial power shall be exercised in such manner as the Legislature shall direct"

which passed in the negative [Ayes--2; noes--6.]

It was moved and seconded to strike out the last clause of the 3rd sect. 11 article

which passed in the affirmative [Ayes--8; noes--0.]

It was moved and seconded to insert the words "both in law and equity" before the word "arising" in the first line, 3rd section, 11 article.

which passed in the affirmative.

It was moved and seconded to insert after the words "between citizens of different States" the words "between Citizens of the same State claiming lands under grants of different States

which passed in the affirmative

[2:428; Madison, 27 Aug.]

Mr. Dickinson moved as an amendment to sect. 2--art XI after the words "good behavior" the words "provided that they may be removed by the Executive on the application by the Senate and House of Representatives."

Mr. Gerry 2ded. the motion

Mr Govr. Morris thought it a contradiction in terms to say that the Judges should hold their offices during good behavior, and yet be removeable without a trial. Besides it was fundamentally wrong to subject Judges to so arbitrary an authority.

Mr. Sherman saw no contradiction or impropriety if this were made part of the Constitutional regulation of the Judiciary establishment. He observed that a like provision was contained in the British Statutes.

Mr. Rutlidge: If the supreme Court is to judge between the U. S. and particular States, this alone is an insuperable objection to the motion.

. . . . .

Sect. 3--art. XI. being taken up--the following clause was postponed--viz. "to the trial of impeachments of officers of the U. S." by which the jurisdiction of the supreme Court was extended to such cases.

Mr Madison & Mr. Govr. Morris moved to insert after the word "controversies" the words "to which the U-- S-- shall be a party"--which was agreed to nem: con:

Docr. Johnson moved to insert the words "this Constitution and the" before the word "laws"

Mr Madison doubted whether it was not going too far to extend the jurisdiction of the Court generally to cases arising Under the Constitution, & whether it ought not to be limited to cases of a Judiciary Nature. The right of expounding the Constitution in cases not of this nature ought not to be given to that Department.

The motion of Docr. Johnson was agreed to nem: con: it being generally supposed that the jurisdiction given was constructively limited to cases of a Judiciary nature--

On motion of Mr Rutlidge, the words "passed by the Legislature" 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 preceding 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 jurisdiction 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 nem: con:

Mr. Madison & Mr. Govr. Morris moved to strike out the beginning of the 3d sect. "The jurisdiction of 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.]

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-- S-- C. ay-- Geo. ay. [Ayes--8; noes--0.]

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 States"--according to the provision in the 9th. art: of the Confederation--which was agreed to nem: con:

[2:432; Mason, 27 Aug.]

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 Courts of Admiralty to be established in such of the States as Congress shall direct.

The jurisdiction of the supreme courts shall extend to all cases in law and 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 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 claiming lands of different States, and between a State and the citizens thereof and foreign States, citizens or subjects.

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.

In all cases of admiralty and maritime jurisdiction, the Admiralty Courts appointed by 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.

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 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 tried.

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 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 by a jury.

[2:437; Madison, 28 Aug.]

Art XI sect. 3. "It was moved to strike out the words "it shall be appellate" & to insert the words "the supreme Court shall have appellate jurisdiction",--in order to prevent uncertainty whether "it" referred to the supreme Court, or to the Judicial power.

On the question

N. H. ay. Mas. ay. Ct. ay. N. J. abst. Pa. ay. Del. ay. Md. no. Va. ay. N C ay. S. C. ay. Geo. ay. [Ayes--9; noes--1; absent--1.]

[2:458; Journal, 30 Aug.]

Nothing in this Constitution shall be construed to alter the claims of the United States or of the individual States to the western territory but all such claims may be examined into and decided upon by the supreme Court of the United States

It was moved and seconded to postpone the last proposition in order to take up the following.

The Legislature shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States: and nothing in this Constitution contained shall be so construed as to prejudice any claims either of the United States or of any particular State

It was moved and seconded to add the following clause to the last proposition

"But all such claims may be examined into and decided upon by the Supreme Court of the United States"

which passed in the negative [Ayes--2; noes--8.]

[2:576, 600; Committee of Style]

Sect. 3. The Judicial Power shall extend to all cases both in law and equity arising under this Constitution and 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 (except such as shall regard Territory and Jurisdiction) between a State and citizens of another State, between citizens of different States, between citizens of the same State claiming lands under grants of different States, and between a State or the citizens thereof and foreign States, citizens or subjects. In cases affecting Ambassadors, other Public Ministers and Consuls, and those in which a State shall be party, the Supreme Court shall have original jurisdiction. In all other cases beforementioned the Supreme Court shall have appellate jurisdiction both as to law and fact with such exceptions and under such regulations as the Legislature shall make.

. . . . .

Sect. 2. The judicial power shall extend to all cases, both in law and 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 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 a state and citizens of another state; between citizens of different States; between citizens of the same state claiming lands under grants of different States, and between a state, or the citizens thereof, and foreign States, citizens or subjects.

In cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.


The Founders' Constitution
Volume 4, Article 3, Section 2, Clause 1, Document 7
http://press-pubs.uchicago.edu/founders/documents/a3_2_1s7.html
The University of Chicago Press

Farrand, Max, ed. The Records of the Federal Convention of 1787. Rev. ed. 4 vols. New Haven and London: Yale University Press, 1937.

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