Article 3, Section 2, Clause 1
[Volume 4, Page 228]
Charles Pinckney, Observations on the Plan of Government1787Farrand 3:117
The 10th article gives Congress a right to institute all such offices as are necessary for managing the concerns of the Union; of erecting a Federal Judicial Court, for the purposes therein specified; and of appointing Courts of Admiralty for the trial of maritime causes in the States respectively. The institution of a Federal Judicial upon the principles mentioned in this article, has been long wanting. At present there is no Tribunal in the Union capable of taking cognizance of their officers who shall misbehave in any of their departments, or in their ministerial capacities out of the limits of the United States; for this, as well as the trial of questions arising on the law of nations, the construction of treaties, or any of the regulations of Congress in pursuance of their powers, or wherein they may be a party, there ought certainly to be a Judicial, acting under the authority of the Confederacy; for securing whose independence and integrity some adequate provision must be made, not subject to the controul of the Legislature. As the power of deciding finally in cases of Appeal and all Maritime Regulations are to be vested in the United States, the Courts of Admiralty in the several States, which are to be governed altogether by their Regulations, and the Civil Law, ought also to be appointed by them; it will serve as well to secure the uprightness of the Judges, as to preserve an uniformity of proceeding in Maritime Cases, throughout the Union.
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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