January 14, 1794

Agreeably to the order of the day, the Senate took into consideration the motion made yesterday for an amendment to the Constitution of the United States, respecting the Judicial power thereof.

On motion by Mr. Gatuartin. that the motion be amended to read as follows:

“The Judicial power of the United States, except in cases arising under treaties made under the authority of the United States, shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States, by citizens of another State, or by citizens or subjects of any foreign State.”

It passed in the negative.

On motion, that the motion be amended to read as follows :

“The Judicial power of the United States extends to all cases in law and equity in which one of the United States is a party ; but no suit shall be prosecuted against one of the United States by citizens of another State, or by citizens or subjects of a foreign State, where the annette cause of action shall have arisen before the ratification of this amendment.”

It passed in the negative. re nr ae mee And, on the question to agree to the resolution, as follows: ae

“ Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, two-thirds of both Houses concurring, That the following article be proposed to the Legislatures of the several States, as an amendment to the Constitution of the United States; which, when ratified by threefourths of the said Legislatures, shall be valid as part of the said Constitution, to wit;

“The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States, by citizens of another State, or by citizens or subjects of any foreign State :”

It passed in the affirmative—yeas 23, nays 2, as follows:

Yxras.—Messrs. Bradford, Bradley, Brown, Burr, Butler, Cabot, Edwards, Ellsworth, Foster, Frelinghuysen, Hawkins, Jackson, Izard, King, Langdon, Livermore, Martin, Mitchell, Monroe, Robinson, Strong, Taylor, and Vining.

Nays.—Messrs. Gallatin and Rutherfurd.

Ordered, That the Secretary desire the concurrence of the House of Representatives in this resolution.