Met pursuant to Adjournment.
Being indisposed I did not attend but Judge Yates gave me the following Account of their Proceedings.
The 9th Resolve. That a national Judicial be established to consist of one Supreme Tribunal and of Inferior Tribunals agreed to unanimously.
Mr. Wilson moved that the Judicial be appointed by the Executive instead of the national Legislature. Mr. Maddison opposed—the Judges ought to be appointed by the Senetorial Branch of the Legislature. Moves that the words the national Legislature be struck out.
Carried 8 for and 2 against.
Good Behaviour and fixed Salaries carried unanimously.
The remainder of the Clause postponed.
10. Resolve—Read and agreed to.
11. Resolve—Read and postponed.
12. Resolve—Read and agreed to.
13. Resolve—Read and postponed.
15. Resolve—Mr. Maddison enforced the Necessity of this Resolve for that the new Constitution ought to have the highest Source of Authority—at least paramount to the several Constitutions—points out the Mischiefs arising from the present Confederation depending on ordinary State Authorities—Instance the Effect of Treaties when contrasted with antecedent Acts of Legislature.
Mr. King—the People have tacitly agreed to the Confederation and that the Legislature have a Right to confirm any Alterations in it. A Convention of the States however the most eligible to confirm new Government.
Mr. Wilson—People must ratify—all will not come in soon—but as the States do they will confederate.
Question on 9th Resolve to strike out Inferior Tribunals. Carried by 5 States against 4. 2 States divided—New York of that Number.
Mr. Wilson—in Addition to this Clause—that the National Legislature shall have the Authority to appoint Inferior Tribunals. Carried 7 States against 3—New York divided.
Adjourned till to Morrow.