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1787] Tenth resolution. New States. 299 thirdly, that if the executive could be trusted with command of the army, they need not fear the people in this particular. Madison's motion was lost, only Massachusetts, Pennsylvania, and Virginia voting for it. The clause as it stood, vesting appointment in the Senate, was then adopted ; the same States, and no others, voting nay. Thus it was reported by the committee of detail; and thus it passed into the draft Constitution on August 6, under the powers of the Senate. The rest of the first resolution of the committee, in regard to the term of office and compensation, was agreed to without debate, except that the words "no increase" of compensation were struck out. The resolution authorising the creation of inferior tribunals was similarly adopted. The resolution in regard to the jurisdiction of the national courts was then taken up; the clause giving to the judiciary trials of impeachment of national officers was at once struck out ; and the rest made to read that the jurisdiction should extend to all cases arising under the national laws and to such as involved the national peace and harmony. These resolutions were reported accordingly and passed also into the draft Constitution. The resolution in regard to appointing the judges went into the draft, with other matters touching the powers of the Senate, in a distinct section. This section, with other matters of difference, was on August 24 sent to a special committee of five, already referred to, with the result that that committee, on September 4, reported, as a substitute for the section, a provision that the President, by and with the advice and consent of the Senate, should appoint the judges of the Supreme Court, and all other officers of the United States not otherwise provided for which included appointment to the inferior federal Courts. The report was adopted by the Convention without difficulty on September 7, and the provision passed accordingly into the Constitution. There was no further discussion as to the creation of inferior Courts or over jurisdiction. All that remained therefore was to expand the terms of the resolution upon the last-named subject and put them into the Constitution. The whole subject appears in sections 1 and 2 of Article III. (10) OTHER RANDOLPH RESOLUTIONS. The substance of the Constitution was now determined ; only certain outlying parts remained. The tenth of the Randolph resolutions made provision (omitting details) for the admission of States " lawfully arising within the limits of the United States." The resolution was agreed to in committee of the whole House, without question, and was reported accordingly to the House, which adopted it ; and it was put into the draft Constitution. As it appeared there, the new States were to be admitted on the same terms OH. VIII.