SATURDAY JUNE 23. IN CONVENTION

The 3^d Resol: resumed.

On Question yesterday postponed by S. Carol: for agreeing to the whole

sentence "for allowing an adequate compensation to be paid out of the

_Treasury of the U. States_"

Mass^{ts} ay. Con^t no. N. Y. no. N. J. ay. Pen^a ay. Del. no.

M^d ay. V^a ay. N. C. no. S. C. no. Geo. divided. So the question

was lost, & the sentence not inserted:

Gen^l Pinkney moves to strike out the ineligibility of members of the

1^{st} branch to offices established "by a particular State." He argued

from the inconveniency to which such a restriction would expose both the

members of the 1^{st} branch, and the States wishing for their services;

& from the smallness of the object to be attained by the restriction.

It w^d seem from the ideas of some that we are erecting a Kingdom to be

divided ag^{st} itself,[102] he disapproved such a fetter on the

Legislature.

[102] According to Yates Wilson followed Pinckney:

"Mr. Wilson. I perceive that some gentlemen are of opinion

to give a bias in favor of state governments. This question

ought to stand on the same footing."--Yates, _Secret

Proceedings_, etc., 157.

M^r Sherman seconds the motion. It w^d seem that we are erecting a

Kingdom at war with itself. The Legislature ought not to [be] fettered

in such a case. On the question

Mass^{ts} no. Con^t ay. N. Y. ay. N. J. ay. P^a no. M^d div^d.

Del. no. M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r Madison renewed his motion yesterday made & waved to render the

members of the 1^{st} branch "ineligible during their term of service, &

for one year after--to such offices only as should be established, or

the emoluments thereof augmented, by the Legislature of the U. States

during the time of their being members." He supposed that the

unnecessary creation of offices, and increase of salaries, were the

evils most experienced, & that if the door was shut ag^{st} them: it

might properly be left open for the appoint^t of members to other

offices as an encouragem^t to the Legislative service.

M^r Alex: Martin[103] seconded the Motion.

[103] "Mr. Martin was lately Governor of North Carolina, which

office he filled with credit. He is a man of sense, and

undoubtedly is a good politician, but he is not formed to

shine in public debate, being no speaker. Mr. Martin was

once a Colonel in the American Army, but proved unfit for

the field. He is about 40 years of age."--Pierce's Notes,

_Am. Hist. Rev._, iii., 332.

M^r Butler. The amend^t does not go far eno. & w^d be easily evaded.

M^r Rutlidge, was for preserving the Legislature as pure as possible, by

shutting the door against appointments of its own members to offices,

which was one source of its corruption.

M^r Mason.[104] The motion of my colleague is but a partial remedy for

the evil. He appealed to him as a witness of the shameful partiality of

the Legislature of Virginia to its own members. He enlarged on the

abuses & corruption in the British Parliament, connected with the

appointment of its members. He c^d not suppose that a sufficient number

of Citizens could not be found who would be ready, without the

inducement of eligibility to offices, to undertake the Legislative

service. Genius & virtue it may be said, ought to be encouraged. Genius,

for aught he knew, might, but that virtue should be encouraged by such a

species of venality, was an idea, that at least had the merit of being

new.

[104] Yates gives Mason's speech more fully and a speech by

Madison omitted here:

"Mr. Mason. I differ from my colleague in his proposed

amendment. Let me state the practice in the state where we

came from. There, all officers are appointed by the

legislature. Need I add, that many of their appointments are

most shameful. Nor will the check proposed by this amendment

be sufficient. It will soon cease to be any check at all. It

is asserted that it will be very difficult to find men

sufficiently qualified as legislators without the inducement

of emolument. I do believe that men of genius will be

deterred unless possessed of great virtues. We may well

dispense with the first characters when destitute of

virtue--I should wish them never to come forward--But if we

do not provide against corruption, our government will soon

be at an end; nor would I wish to put a man of virtue in the

way of temptation. Evasions and caballing would evade the

amendment. Nor would the danger be less, if the executive

has the appointment of officers. The first three or four

years we might go on well enough; but what would be the case

afterwards? I will add, that such a government ought to be

refused by the people--and it will be refused.

"Mr. Madison. My wish is that the national legislature be as

uncorrupt as possible. I believe all public bodies are

inclined, from various motives, to support its members; but

it is not always done from the base motives of venality.

Friendship, and a knowledge of the abilities of those with

whom they associate, may produce it. If you bar the door

against such attachments, you deprive the government of its

greatest strength and support. Can you always rely on the

patriotism of the members? If this be the only inducement,

you will find a great indifferency in filling your

legislative body. If we expect to call forth useful

characters, we must hold out allurements; nor can any great

inconveniency arise from such inducements. The legislative

body must be the road to public honor; and the advantage

will be greater to adopt my motion, than any possible

inconvenience."--Yates, _Secret Proceedings_, etc., 158.

M^r King remarked that we were refining too much in this business; and

that the idea of preventing intrigue and solicitation of offices was

chimerical. You say that no member shall himself be eligible to any

office. Will this restrain him from availing himself of the same means

which would gain appointments for himself, to gain them for his son, his

brother, or any other object of his partiality. We were losing therefore

the advantages on one side, without avoiding the evils on the other.

M^r Wilson supported the motion. The proper cure he said for corruption

in the Legislature was to take from it the power of appointing to

offices. One branch of corruption would indeed remain, that of creating

unnecessary offices, or granting unnecessary salaries, and for that the

amendment would be a proper remedy. He animadverted on the impropriety

of stigmatizing with the name of venality the laudable ambition of

rising into the honorable offices of the Government; an ambition most

likely to be felt in the early & most incorrupt period of life, & which

all wise & free Gov^{ts} had deemed it sound policy, to cherish, not to

check. The members of the Legislature have perhaps the hardest & least

profitable task of any who engage in the service of the state. Ought

this merit to be made a disqualification?

M^r Sherman observed that the motion did not go far enough. It might be

evaded by the creation of a new office, the translation to it of a

person from another office, and the appointment of a member of the

Legislature to the latter. A new Embassy might be established to a new

Court, & an ambassador taken from another, in order to _create_ a

vacancy for a favorite member. He admitted that inconveniences lay on

both sides. He hoped there w^d be sufficient inducements to the public

service without resorting to the prospect of desirable offices, and on

the whole was rather ag^{st} the motion of M^r Madison.

M^r Gerry thought there was great weight in the objection of M^r

Sherman. He added as another objection ag^{st} admitting the eligibility

of members in any case that it would produce intrigues of ambitious men

for displacing proper officers, in order to create vacancies for

themselves.[105] In answer to M^r King he observed that although

members, if disqualified themselves might still intrigue & cabal for

their sons, brothers &c., yet as their own interests would be dearer to

them, than those of their nearest connections, it might be expected they

would go greater lengths to promote it.

[105] Yates gives Gerry's remarks:

"This amendment is of great weight, and its consequences

ought to be well considered. At the beginning of the war, we

possessed more than Roman virtue. It appears to me it is now

the reverse. We have more land and stock-jobbers than any

place on earth. It appears to me that we have constantly

endeavored to keep distinct the three great branches of

government; but if we agree to this motion, it must be

destroyed by admitting the legislators to share in the

executive, or to be too much influenced by the executive, in

looking up to them for offices."--Yates, _Secret

Proceedings_, etc., 160.

M^r Madison had been led to this motion as a middle ground between an

eligibility in all cases, and an absolute disqualification. He admitted

the probable abuses of an eligibility of the members, to offices

particularly within the gift of the Legislature. He had witnessed the

partiality of such bodies to their own members, as had been remarked of

the Virginia Assembly by his colleague (Col. Mason). He appealed however

to him, in turn to vouch another fact not less notorious in Virginia,

that the backwardness of the best citizens to engage in the Legislative

service gave but too great success to unfit characters. The question was

not to be viewed on one side only. The advantages & disadvantages on

both ought to be fairly compared. The objects to be aimed at were to

fill all offices with the fittest characters, & to draw the wisest &

most worthy citizens into the Legislative service. If on one hand,

public bodies were partial to their own members; on the other they were

as apt to be misled by taking characters on report, or the authority of

patrons and dependents.

All who had been concerned in the appointment of strangers on those

recommendations must be sensible of this truth. Nor w^d the partialities

of such Bodies be obviated by disqualifying their own members.

Candidates for office would hover round the seat of Gov^t or be found

among the residents there, and practise all the means of counting the

favor of the members. A great proportion of the appointments made by the

States were evidently brought about in this way. In the General Gov^t

the evil must be still greater, the characters of distant states, being

much less known throughout the U. States than those of the distant parts

of the same State. The elections by Congress had generally turned on men

living at the seat of the fed^l Gov^t or in its neighbourhood.--As to

the next object, the impulse to the Legislative service, was evinced by

experience to be in general too feeble with those best qualified for it.

This inconveniency w^d also be more felt in the Nat^l Gov^t than in the

State Gov^{ts} as the Sacrifices req^d from the distant members, w^d be

much greater, and the pecuniary provisions, probably, more

disproportionate. It w^d therefore be impolitic to add fresh objections

to the Legislative service by an absolute disqualification of its

members. The point in question was whether this would be an objection

with the most capable citizens. Arguing from experience he concluded

that it would. The Legislature of Virg^a would probably have been

without many of its best members, if in that situation, they had been

ineligible to Cong^s to the Gov^t & other honorable offices of the

State.

M^r Butler thought Characters fit for office w^d never be unknown.

Col. Mason. If the members of the Legislature are disqualified, still

the honors of the State will induce those who aspire to them to enter

that service, as the field in which they can best display & improve

their talents, & lay the train for their subsequent advancement.

M^r Jenifer remarked that in Maryland, the Senators chosen for five

years, c^d hold no other office & that this circumstance gained them the

greatest confidence of the people.

On the question for agreeing to the motion of M^r Madison,

Mass^{ts} div^d. C^t ay. N. Y. no. N. J. ay. P^a no.

Del. no. M^d no. V^a no. N. C. no. S. C. no. Geo. no.

M^r Sherman mov^d to insert the words "and incapable of holding" after

the words "eligible to offices" w^{ch} was agreed to without opposition.

The word "established" & the words "Nat^l Gov^t" were struck out of the

Resolution 3^d.

M^r Spaight called for a division of the question, in consequence of

which it was so put, as that it turned in the first member of it, "on

the ineligibility of members _during the term for which they were

elected_"--whereon the States were,

Mass^{ts} div^d. C^t ay. N. Y. ay. N. J. ay. P^a no.

Del. ay. M^d ay. V^a ay. N. C. ay. S. C. ay. Geo. no.

On the 2^d member of the sentence extending ineligibility of members to

one year after the term for which they were elected Col. Mason thought

this essential to guard ag^{st} evasions by resignations, and

stipulations for office to be filled at the expiration of the

legislative term. M^r Gerry, had known such a case. M^r Hamilton.

Evasions c^d not be prevented--as by proxies--by friends holding for a

year, & then opening the way &c. M^r Rutlidge admitted the possibility

of evasions, but was for contracting them as possible.

Mass. no. C^t no. N. Y. ay. N. J. no. P^a div^d. Del. ay.

Mar^d ay. V^a no. N. C. no. S. C. ay. Geo. no.

Adj^d.

The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1 · 第 69 / 114 题