"In all the other cases before mentioned, original jurisdiction shall be in the courts of the several states, but with appeal, both as to law and fact, to the courts of the United States, with such exceptions, and under such regulations, as the legislature shall make."
The last motion being withdrawn, it was moved and seconded to amend the clause, to read,—
"In cases of impeachment, cases affecting ambassadors, other public ministers, and consuls, and those in which a state shall be a party, this jurisdiction shall be original. In all the other cases before mentioned, it shall be appellate, both as to law and fact, with such exceptions, and under such regulations, as the legislature shall make;"
which passed in the affirmative.
It was moved and seconded to add the following clause to the last amendment:—
"But in cases in which the United States shall be a party, the jurisdiction shall be original or appellate, as the legislature may direct."
It was moved and seconded to amend the amendment, by striking out the words "original or;" which passed in the affirmative.
Yeas: New Hampshire. Connecticut, Maryland, Virginia, South Carolina, Georgia, 6. Nays: Pennsylvania, Delaware, 2.
The question was then taken on the amendment as amended; which passed in the negative.
Yeas: New Hampshire, Pennsylvania, Delaware, 3. Nays: Connecticut, Maryland, Virginia, South Carolina, Georgia, 5.
On the question to reconsider the 3d section, 11th article, it passed in the affirmative.
It was moved and seconded to strike out the words "the jurisdiction shall be original," and to insert the words "the Supreme Court shall have original jurisdiction;" which passed in the affirmative.
It was moved and seconded to agree to the following amendment:—
"In all the other cases before mentioned, the judicial power shall be exercised in such manner as the legislature shall direct;"
which passed in the negative.
Yeas: Delaware, Virginia, 2. Nays: New Hampshire, Connecticut, Pennsylvania, Maryland, South Carolina, Georgia, 6.
It was moved and seconded to strike out the last clause of the 3d section, 11th article; which passed unanimously in the affirmative.
It was moved and seconded to insert the words "both in law and equity" before the word "arising," in the 1st line, 3d section, 11th article; which passed in the affirmative.
