WEDNESDAY JULY 18. IN CONVENTION.

On motion of M^r L. Martin to fix tomorrow for reconsidering the vote

concerning "eligibility of the Exec^{tive} a 2^d time" it passed in the

affirmative.

Mas. ay. Con^t ay. N. J. absent. P^a ay. Del. ay. M^d ay.

V^a ay. N. C. ay. S. C. ay. Geo. absent.

The residue of the Resol. 9. concerning the Executive was postp^d till

tomorrow.

Resol. 10. that Executive sh^l have a right to negative legislative acts

not afterwards passed by 2/3 of each branch, agreed to nem. con.

Resol. 11. "that a Nat^l Judiciary shall be estab^d to consist of one

supreme tribunal", ag^d to nem. con.

"The judges of which to be appoint^d by the 2^d branch of the Nat^l

Legislature,"

M^r Ghorum, w^d prefer an appointment by the 2^d branch to an appointm^t

by the whole Legislature; but he thought even that branch too numerous,

and too little personally responsible, to ensure a good choice. He

suggested that the Judges be appointed by the Execu^{ve} with the advice

& consent of the 2^d branch, in the mode prescribed by the constitution

of Mas^{ts}. This mode had been long practised in that country, & was

found to answer perfectly well.

M^r Wilson, still w^d prefer an appointm^t by the Executive; but if that

could not be attained, w^d prefer in the next place, the mode suggested

by M^r Ghorum. He thought it his duty however to move in the first

instance "that the Judges be appointed by the Executive." M^r Gov^r

Morris 2^{ded} the motion.

M^r L. Martin was strenuous for an app^t by the 2^d branch. Being taken

from all the States it w^d be best informed of characters & most capable

of making a fit choice.

M^r Sherman concurred in the observations of M^r Martin, adding that the

Judges ought to be diffused, which would be more likely to be attended

to by the 2^d branch, than by the Executive.

M^r Mason. The mode of appointing the Judges may depend in some degree

on the mode of trying impeachments of the Executive. If the Judges were

to form a tribunal for that purpose, they surely ought not to be

appointed by the Executive. There were insuperable objections besides

ag^{st} referring the appointment to the Executive. He mentioned as one,

that as the Seat of Gov^t must be in some one State, and as the

Executive would remain in office for a considerable time, for 4. 5. or 6

years at least, he would insensibly form local & personal attachments

within the particular State that would deprive equal merit elsewhere, of

an equal chance of promotion.

M^r Ghorum. As the Executive will be responsible in point of character

at least, for a judicious and faithful discharge of his trust, he will

be careful to look through all the States for proper characters. The

Senators will be as likely to form their attachments at the seat of

Gov^t where they reside, as the Executive. If they cannot get the man of

the particular State to which they may respectively belong, they will be

indifferent to the rest. Public bodies feel no personal responsibility,

and give full play to intrigue & cabal. Rh. Island is a full

illustration of the insensibility to character produced by a

participation of numbers in dishonorable measures, and of the length to

which a Public body may carry wickedness & cabal.

M^r Gov^r Morris supposed it would be improper for an impeachm^t of the

Executive to be tried before the Judges. The latter would in such case

be drawn into intrigues with the Legislature and an impartial trial

would be frustrated. As they w^d be much about the Seat of Gov^t they

might even be previously consulted & arrangements might be made for a

prosecution of the Executive. He thought therefore that no argument

could be drawn from the probability of such a plan of impeachments

ag^{st} the motion before the House.

M^r Madison suggested that the Judges might be appointed by the

Executive, with the concurrence of 1/3 at least, of the 2^d branch. This

would unite the advantage of responsibility in the Executive with the

security afforded in the 2^d branch ag^{st} any incautious or corrupt

nomination by the Executive.

M^r Sherman, was clearly for an election by the Senate. It would be

composed of men nearly equal to the Executive, and would of course have

on the whole more wisdom. They would bring into their deliberations a

more diffusive knowledge of characters. It would be less easy for

candidates to intrigue with them, than with the Executive Magistrate.

For these reasons he thought there would be a better security for a

proper choice in the Senate than in the Executive.

M^r Randolph. It is true that when the app^t of the Judges was vested in

the 2^d branch an equality of votes had not been given to it. Yet he had

rather leave the appointm^t there than give it to the Executive. He

thought the advantage of personal responsibility might be gained in the

Senate by requiring the respective votes of the members to be entered on

the Journal. He thought too that the hope of receiving app^{ts} would be

more diffusive if they depended on the Senate, the members of which w^d

be diffusively known, than if they depended on a single man who could

not be personally known to a very great extent; and consequently that

opposition to the System, would be so far weakened.

M^r Bedford thought there were solid reasons ag^{st} leaving the

appointment to the Executive. He must trust more to information than the

Senate. It would put it in his power to gain over the larger States, by

gratifying them with a preference of their Citizens. The responsibility

of the Executive so much talked of was chimerical. He could not be

punished for mistakes.

M^r Ghorum remarked that the Senate could have no better information

than the Executive. They must like him, trust to information from the

members belonging to the particular State where the candidate resided.

The Executive would certainly be more answerable for a good appointment,

as the whole blame of a bad one would fall on him alone. He did not mean

that he would be answerable under any other penalty than that of public

censure, which with honorable minds was a sufficient one.

On the question for referring the appointment of the Judges to the

Executive, instead of the 2^d branch

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

S. C. no. Geo. absent.

M^r Ghorum moved "that the Judges be nominated and appointed by the

Executive, by & with the advice & consent of the 2^d branch & every such

nomination shall be made at least ---- days prior to such appointment."

This mode he said had been ratified by the experience of a 140 years in

Massachus^{ts}. If the app^t should be left to either branch of the

Legislature, it will be a mere piece of jobbing.

M^r Gov^r Morris 2^{ded} & supported the motion.

M^r Sherman thought it less objectionable than an absolute appointment

by the Executive; but disliked it, as too much fettering the Senate.

The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1 · 第 110 / 114 题