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The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1

United States. Constitutional Convention (recorded by James Madison) · 1787 (composed during the convention; Madison’s notes later revised) primary

passage 24 of 238 · part of the Fifth Article of the Confederation of the said > letter, and with the same ink. It is undoubtedly (6/15)

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in brief
This section establishes courts under national authority, defines Supreme Court jurisdiction and trial routes, and requires criminal trials (except impeachment) to be public, open, and held by jury in the state where crimes occur.

The Ratification of the conventions of ---- States shall be sufficient for organizing this Constitution.[34]

[34] "... What will be the result of their meeting I cannot with any certainty determine, but I hardly think much good can come of it; the people of America don't appear to me to be ripe for any great innovations & it seems they are ultimately to ratify or reject: the weight of Gen^l Washington as you justly observe is very great in America, but I hardly think it is sufficient to induce the people to pay money or part with power.

"The delegates from the Eastw^d are for a very strong government, & wish to prostrate all y^e State legislatures, & form a general system out of y^e whole; but I don't learn that the people are with them, on y^e contrary in Massachusetts they think that government too strong, & are about rebelling again, for the purpose of making it more democratical: In Connecticut they have rejected the requisition for y^e present year decidedly, & no Man there would be elected to the office of a constable if he was to declare that he meant to pay a copper towards the domestic debt:--R. Island has refused to send members--the cry there is for a good government after they have paid their debts in depreciated paper:--first demolish the Philistines (i. e. their creditors) then for propiety.

"N. Hampshire has not paid a shilling, since peace, & does not ever mean to pay on to all eternity:--if it was attempted to tax the people for y^e domestic debt 500 Shays would arise in a fortnight.--In N. York they pay well because they can do it by plundering N. Jersey & Connecticut.--Jersey will go great lengths from motives of revenge and Interest: Pensylvany will join provided you let the sessions of the Executive of America be fixed in Philad^a & give her other advantages in trade to compensate for the loss of State power. I shall make no observations on the Southern States, but I think they will be (perhaps from different motives) as little disposed to part with efficient power as any in the Union...."--William Grayson to James Monroe, New York, May 29, 1787. Monroe MSS.

Adjourned.

WEDNESDAY MAY 30.

Roger Sherman (from Connecticut) took his seat.

The House went into Committee of the Whole on the State of the Union. M^r Gorham was elected to the Chair by Ballot.

The propositions of M^r Randolph which had been referred to the Co[~m]ittee being taken up. He moved on the suggestion of M^r G. Morris, that the first of his propositions to wit "Resolved that the articles of Confederation ought to be so corrected & enlarged, as to accomplish the objects proposed by their institution; namely, common defence, security of liberty, and general welfare,--should be postponed, in order to consider the 3 following:

  1. that a union of the States merely federal will not accomplish the objects proposed by the articles of Confederation, namely common defence, security of liberty, & gen^l welfare.

  2. that no treaty or treaties among the whole or part of the States, as individual Sovereignties, would be sufficient.

  3. that a national Government ought to be established consisting of a supreme Legislative, Executive & Judiciary.

The motion for postponing was seconded by M^r Gov^r Morris and unanimously agreed to.

Some verbal criticisms were raised ag^{st} the first proposition, and it was agreed on motion of M^r Butler seconded by M^r Randolph, to pass on to the third, which underwent a discussion, less however on its general merits than on the force and extent of the particular terms national & supreme.

M^r Charles Pinkney wished to know of M^r Randolph, whether he meant to abolish the State Govern^{ts} altogether. M^r R. replied that he meant by these general propositions merely to introduce the particular ones which explained the outlines of the system he had in view.

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topics: courts, trials, and pleading · justice as a virtue · separation of powers and checks

The Journal of the Debates in the Convention which Framed the Constitut… · United States. Constitutional Convention (recorded by James Madison) · 1787