430 RECORDS OF THE FEDERAL CONVENTION Monday MADISON Aught z? Mason. He did not think it would have a good effect or a good appearance, for new Judges to come in with higher salaries than the old ones. Mr Govr Morris said the expedient might be evaded & therefore amounted to nothing. Judges might resign, & then be re-appointed to increased salaries. On the question N.H. no-- Ct no. Pa no. Del. no-- Md. dlvd Va S.C. no-- Geo. abst. (also Masts-- N.J. & N-- C--) [Ayes -- I; noes -- 5; divided -- ?; absent -- 4-] Mr. Randolph & Mr. Madison then moved to add the fol- lowing words to sect 2. art XI. "nor increased by any Act of the Legislature which shall operate before the expiration of three years after the passing thereof" On this question N.H. no. Ct. no--Pa. no. Del. no. Md S.C. no. Geo--abst <also Mas. N.J. & N.C.) [Ayes- z; noes -- 5; absent-- 4.] Sect. 3-- art. XI. u being taken up-- the following clause was postponed -- viz. "to the trial of impeachments of officers of the U.S." by which the jurisdiction of the supreme Court was extended to such cases. Mr Madison & Mr. Govr. Morris moved to insert after the word "controversies" the words "to which the U-- S-- shall be a party"--which was agreed to nero: con: Docr. Johnson moved to insert the words "this Constitu- tion and the" before the word "laws" Mr Madison doubted whether it was not going too far to extend the jurisdiction of the Court generally to cases arising Under the Constitution, & whether it ought not to be limited to cases of a Judiciary Nature. The right of expounding the Constitution in cases not of this nature ought not to be given to that Department. The motion of Doer. Johnson was agreed to nem: con: it being generally supposed that the jurisdiction given was con- structively limited to cases of a Judiciar3r nature-- n Relating to the jurisdiction of the Supreme Court.
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