Mas. ay. Con^t no. P^a ay. Del. no. M^d ay. V^a ay. N. C. no.
S. C. no. Geo. absent.
M^r Madison moved that the Judges should be nominated by the Executive &
such nomination should become an appointment if not disagreed to within
---- days by 2/3 of the 2^d branch.
M^r Gov^r Morris 2^{ded} the motion. By co[~m]on consent the
consideration of it was postponed till tomorrow.
"To hold their offices during good behavior" & "to receive fixed
salaries" agreed to nem: con:.
"In which (salaries of Judges) no increase or diminution shall be made
so as to affect the persons at the time in office."
M^r Gov^r Morris moved to strike out "or increase." He thought the
Legislature ought to be at liberty to increase salaries as circumstances
might require, and that this would not create any improper dependence in
the Judges.
Doc^r Franklin was in favor of the motion. Money may not only become
plentier, but the business of the department may increase as the Country
becomes more populous.
M^r Madison. The dependence will be less if the _increase alone_ should
be permitted, but it will be improper even so far to permit a
dependence. Whenever an increase is wished by the Judges, or may be in
agitation in the legislature, an undue complaisance in the former may be
felt towards the latter. If at such a crisis there should be in Court
suits to which leading members of the Legislature may be parties, the
Judges will be in a situation which ought not to be suffered, if it can
be prevented. The variations in the value of money, may be guarded
ag^{st} by taking for a standard wheat or some other thing of permanent
value. The increase of business will be provided for by an increase of
the number who are to do it. An increase of salaries may easily be so
contrived as not to affect persons in office.
M^r Gov^r Morris. The value of money may not only alter but the State of
Society may alter. In this event the same quantity of wheat, the same
value would not be the same compensation. The Amount of salaries must
always be regulated by the manners & the style of living in a Country.
The increase of business can not be provided for in the supreme tribunal
in the way that has been mentioned. All the business of a certain
description whether more or less must be done in that single tribunal.
Additional labor alone in the Judges can provide for additional
business. Additional compensation therefore ought not to be prohibited.