The question was then put on the whole of the resolve as amended and filled up. Carried—8 states for, 2 against. New York for it.
Mr. WILSON then moved for the addition of a convenient number of the national judicial to the executive as a council of revision. Ordered to be taken into consideration to-morrow. Adjourned until to-morrow.
Met pursuant to adjournment. The 9th resolve, "That a national judicial be established, to consist of one supreme tribunal, and of inferior tribunals, to hold their offices during good behavior; and no augmentation or diminution in their stipends during the time of holding their offices." Agreed to.
Mr. WILSON moved that the judicial be appointed by the executive, instead of the national legislature.
Mr. MADISON opposed the motion, and inclined to think that the executive ought by no means to make the appointments, but rather that branch of the legislature called the senatorial; and moves that the words "of the appointment of the legislature" be expunged.
Carried by 8 states; against it, 2. The remaining part of the resolve postponed. The 10th resolve read and agreed to. The 11th resolve agreed to be postponed. The 12th resolve agreed to without debate. The 13th and 14th resolves postponed.
The 15th, or last resolve, "That the amendment which shall be offered to the Confederation ought, at a proper time or times after the approbation of Congress, to be submitted to an assembly or assemblies of representatives, recommended by the several legislatures, to be expressly chosen by the people, to consider and decide thereon," was taken into consideration.
Mr. MADISON endeavored to enforce the necessity of this resolve, because the new national Constitution ought to have the highest source of authority, at least paramount to the powers of the respective constitutions of the states; points out the mischiefs that have arisen in the old Confederation, which depends upon no higher authority than the confirmation of an ordinary act of a legislature; instances the law operation of treaties, when contravened by any antecedent acts of a particular state.
