M^r Broome highly approved the motion. It obviated all his difficulties

M^r Sherman considered such a tenure as by no means safe or admissible.

As the Executive Magistrate is now re-eligible, he will be on good

behavior as far as will be necessary. If he behaves well he will be

continued; if otherwise, displaced, on a succeeding election.

M^r Madison.[135] If it be essential to the preservation of liberty that

the Legisl: Execut: & Judiciary powers be separate, it is essential to a

maintenance of the separation, that they should be independent of each

other. The Executive could not be independent of the Legislure, if

dependent on the pleasure of that branch for a re-appointment. Why was

it determined that the Judges should not hold their places by such a

tenure? Because they might be tempted to cultivate the Legislature, by

an undue complaisance, and thus render the Legislature the virtual

expositor, as well as the maker of the laws. In like manner a dependence

of the Executive on the Legislature, would render it the Executor as

well as the maker of laws; & then according to the observation of

Montesquieu, tyrannical laws may be made that they may be executed in a

tyrannical manner. There was an analogy between the Executive &

Judiciary departments in several respects. The latter executed the laws

in certain cases as the former did in others. The former expounded &

applied them for certain purposes, as the latter did for others. The

difference between them seemed to consist chiefly in two

circumstances--1. the collective interest & security were much more in

the power belonging to the Executive than to the Judiciary department.

2. in the administration of the former much greater latitude is left to

opinion and discretion than in the administration of the latter. But if

the 2^d consideration proves that it will be more difficult to establish

a rule sufficiently precise for trying the Execut: than the Judges, &

forms an objection to the same tenure of office, both considerations

prove that it might be more dangerous to suffer a Union between the

Executive & Legisl: powers, than between the Judiciary & Legislative

powers. He conceived it to be absolutely necessary to a well constituted

Republic that the two first sh^d be kept distinct & independent of each

other. Whether the plan proposed by the motion was a proper one was

another question, as it depended on the practicability of instituting a

tribunal for impeachm^{ts} as certain & as adequate in the one case as

in the other. On the other hand, respect for the mover entitled his

proposition to a fair hearing & discussion, until a less objectionable

expedient should be applied for guarding ag^{st} a dangerous union of

the Legislative & Executive departments.

[135] The view here taken of the subject was meant to aid in

parrying the animadversions likely to fall on the motion of

D^r M^cClurg, for whom J. M. had a particular regard. The

Doc^r though possessing talents of the highest order was

modest & unaccustomed to exert them in public debate.--Note

in Madison's handwriting.

Col. Mason. This motion was made some time ago & negatived by a very

large majority. He trusted that it w^d be again negatived. It w^d be

impossible to define the misbehaviour in such a manner as to subject it

to a proper trial; and perhaps still more impossible to compel so high

an offender holding his office by such a tenure to submit to a trial. He

considered an Executive during good behavior as a softer name only for

an Executive for life. And that the next would be an easy step to

hereditary Monarchy. If the motion should finally succeed, he might

himself live to see such a Revolution. If he did not it was probable his

children or grand children would. He trusted there were few men in that

House who wished for it. No state he was sure had so far revolted from

Republican principles as to have the least bias in its favor.

M^r Madison, was not apprehensive of being thought to favor any step

towards monarchy. The real object with him was to prevent its

introduction. Experience had proved a tendency in our governments to

throw all power into the Legislative vortex. The Executives of the

States are in general little more than Cyphers; the legislatures

omnipotent. If no effectual check be devised for restraining the

instability & encroachments of the latter, a revolution of some kind or

other would be inevitable. The preservation of Republican Gov^t

therefore required some expedient for the purpose, but required

evidently at the same time that in devising it, the genuine principles

of that form should be kept in view.

M^r Gov^r Morris was as little a friend to monarchy as any gentleman. He

concurred in the opinion that the way to keep out monarchical Gov^t was

to establish such a Repub. Gov^t as w^d make the people happy and

prevent a desire of change.

Doc^r McClurg was not so much afraid of the shadow of monarchy as to be

unwilling to approach it; nor so wedded to Republican Gov^t as not to be

sensible of the tyrannies that had been & may be exercised under that

form. It was an essential object with him to make the Executive

independent of the Legislature; and the only mode left for effecting it,

after the vote destroying his ineligibility a second time, was to

appoint him during good behavior.

On the question for inserting "during good behavior" in place of '7

years (with a re-eligibility)' it passed in the negative,

Mas. no. C^t no. N. J. ay. P^a ay. Del. ay. M^d no. V^a ay.

N. C. no. S. C. no. Geo. no.[136]

[136] (This vote is not considered as any certain index of

opinion, as a number in the affirmative probably had it

chiefly in view to alarm those attached to a dependence of

the Executive on the Legislature, & thereby facilitate some

final arrangement of a contrary tendency. The avowed friends

of an Executive, during good behaviour were not more than

three or four, nor is it certain they would finally have

adhered to such a tenure, an independence of the three great

departments of each other, as far as possible, and the

responsibility of all to the will of the community seemed to

be generally admitted as the true basis of a well

constructed government.)--Note in Madison's hand, except

from the words "nor is it certain" etc., which is in the

hand of his wife's brother, John C. Payne.

On the motion "to strike out seven years" it passed in the negative,

Mas. ay. C^t no. N. J. no. P^a ay. Del. ay. M^d no. V^a no. N.

C. ay. S. C. no. Geo. no.[137]

[137] (There was no debate on this motion. The apparent

object of many in the affirmative was to secure the

re-eligibility by shortening the term, and of many in the

negative to embarrass the plan of referring the appointment

and dependence of the Executive to the Legislature.)--Note

in Madison's hand.

It was now unanimously agreed that the vote which had struck out the

words "to be ineligible a second time" should be reconsidered to-morrow.

Adj^d.

The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1 · 第 109 / 114 题