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title:“Francis Childs' Notes of the New York Ratification Convention Debates”
authors:Francis Childs
date written:1788-7-5

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http://consource.org/document/francis-childs-notes-of-the-new-york-ratification-convention-debates-1788-7-5/20130122075727/
last updated:Jan. 22, 2013, 7:57 a.m. UTC
retrieved:Dec. 12, 2017, 8:13 a.m. UTC

transcription
citation:
Childs, Francis. "Francis Childs' Notes of the New York Ratification Convention Debates." The Documentary History of the Ratification of the Constitution. Vol. 22. Ed. John P. Kaminski. Madison: Wisconsin Historical Society Press, 2008. 2099-2105. Print.

Francis Childs' Notes of the New York Ratification Convention Debates (July 5, 1788)

CONVENTION PROCEEDINGS. Clause 3. Motion by Mr. M. Smith.1
"Provided, that all commissions, writs and process shall run in the name of the people of the United States, and be tested in the name of the president of the United States, or the person holding his place, for the time being, or first judge of the court, out of which the same shall issue."
The committee then took up the 3d article.
CONVENTION PROCEEDINGS. Mr. Jones proposed the following amendments which he explained in a speech of some length, and was followed by Mr. Smith, but no debate ensued.
"Resolved, as the opinion of this committee, that nothing in the constitution, now under consideration, contained, shall be construed so as to authorize the Congress, to constitute, ordain or establish any tribunals, or inferior courts, with any other than appellate jurisdiction; except such as may be necessary for the trial of causes of admiralty and maritime jurisdiction, and for the trial of piracies and felonies, committed on the high seas; and in all other cases, to which the judicial power of the United States extends, and in which the supreme court of the United States has not original jurisdiction, the cause shall be heard, tried and determined, in some one of the state courts, with the right of appeal to the supreme court of the United States, or other proper tribunal, to be established for the purpose by the Congress, with such exceptions, and under such regulations, as the Congress shall make."
As the secretary went on with this article, Mr. Jones submitted the following amendments.
Resolve 1. "Resolved, as the opinion of this committee, that all appeals from any courts in this state, proceeding according to the course of the common law, are to be by writ of error, and not otherwise."
Res. 2. "Resolved, as the opinion of this committee, that no judge of the supreme court of the United States shall, during his continuance in office, hold any other office under the United States or any of them."
Res. 3. "Resolved, as the opinion of this committee, that the judicial power of the United States, as to controversies between citizens of the same state, claiming lands under grants of different states, extends only to controversies relating to such lands, as shall be claimed by two or more persons, under grants of different states.
Res. 4. "Resolved, as the opinion of this committee, that nothing in the constitution now under consideration contained, is to be con-strued, to authorise any suit to be brought against any state, in any manner whatever."
Res. 5. "Resolved, as the opinion of this committee, that the judicial power of the United States, in cases in which a state shall be a party, is not to be construed to extend to criminal prosecutions."
Res. 6. "Resolved, as the opinion of this committee, that the judicial power of the United States, as to controversies between citizens of different states, is not to be construed to extend to any controversy relating to any real estate, not claimed under grants of different states."
Res. 7. "Resolved, as the opinion of this committee, that the judicial power of the United States, as to controversies between citizens of the same state, claiming lands under grants of different states, extends only to controversies relating to such lands, as shall be claimed by two or more persons, under grants of different states."2
[For Resolutions 8 and 9, see the New York Ratification Convention Debates for 7 July 1788]

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