Page:The Records of the Federal Convention of 1787 Volume 3.djvu/612

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(X)

S. & H. D. in C. ass. shall institute offices and appoint officers for the Departments of for. Affairs, War, Treasury and Admiralty—

They shall have the exclusive Power of declaring what shall be Treason and Misp. of Treason agst. U. S.—and of instituting a federal judicial Court, which “shall try Officers of the U. S. for all Crimes &c in their Offices—and to this Court an Appeal shall be allowed from the” judicial “Courts of” the several States in all Causes wherein Questions shall arise on the Construction of Treaties made by U. S.—or on the Law of Nations—or on the Regulations of U. S. concerning Trade and Revenue or wherein U. S. shall be a Party—The Court shall consist of Judges to be appointed during good Behaviour.[1]

S. & H. D. in C. ass. “shall have the exclusive Right of instituting in each State a Court of Admiralty,” and appointing the Judges &c of the same, “for hearing and determining” all “maritime Causes” which may arise therein respectively.[2]

[XI]

Points in which the Assent of more than a bare Majority shall be necessary. (The Assent of Two-Thirds of both Houses, where the present Confederation has made the assent of Nine States necessary, and added the Regulation of Trade, and Acts for levying an Impost and raising a Revenue.)

[XII]

“The power of impeaching shall be vested in the H. D.—The Senators and Judges of the foederal Court, be a Court for trying Impeachments.”[3]

[XIII]

S. & H. D. in C. ass. shall regulate “possess the exclusive Right of establishing the Government and Discipline of the Militia” thro the U. S.—“and of ordering the Militia of any State to any Place within U. S.”[2]

[XIV]

Means of enforcing and compelling the Payment of the Quota of each State.[1]

[XV]

Manner and Conditions of admitting new States.

Power of dividing annexing and consolidating States, on the Consent and Petition of such States.


  1. 1.0 1.1 Confirmed by Observations, and probably modelled upon amendment to Articles of Confederation proposed in 1786.
  2. 2.0 2.1 Confirmed by Observations.
  3. Substance of this article was in the Wilson Outline. Cf. New York Constitution, Articles XXXII and XXXIII.