Mr. BUTLER moved to expunge the clause of the stipends. Lost — 7 against, 3 for, 1 divided.
Agreed that the second branch of the national legislature be paid in the same way as the first branch.
Upon the subject of ineligibility, it was agreed that the same rule should apply as to the first branch.
6th resolve agreed to be postponed sine die.
9th resolve taken into consideration, but postponed to to-morrow. Then adjourned to to-morrow morning.
Met pursuant to adjournment. Present, eleven states.
Gov. RANDOLPH observed the difficulty in establishing the powers of the judiciary. The object, however, at present, is to establish this principle, to wit, the security of foreigners where treaties are in their favor, and to preserve the harmony of states and that of the citizens thereof. This being once established, it will be the business of a sub-committee to detail it; and therefore moved to obliterate such parts of the resolve, so as only to establish the principle, to wit: "That the jurisdiction of the national judiciary shall extend to all cases of national revenue, impeachment of national officers, and questions which involve the national peace or harmony." Agreed to unanimously.
It was further agreed that the judiciary be paid out of the national treasury.
Mr. PINCKNEY moved that the judiciary be appointed by the national legislature.
Mr. MADISON is of opinion that the second branch of the legislature ought to appoint the judiciary; which the Convention agreed to.
Mr. GERRY moved that the first branch shall have the only right of originating bills to supply the treasury.
Mr. BUTLER against the motion. We are constantly running away with the idea of the excellence of the British Parliament, and, with or without reason, copying from them; when, in fact, there is no similitude in our situations. With us, both houses are appointed by the people, and both ought to be equally trusted.
Mr. GERRY. If we dislike the British government for the oppressive measures by them carried on against us, yet
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