History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
[115] I understand Mr. Madison to have voted for this proposition, and
that his view of it was, that it might be a necessary expedient to
prevent a dangerous union of the legislative and executive
departments. He said that the propriety of the plan of an executive
during good behavior would depend on the practicability of instituting
a tribunal for impeachments, as certain and as adequate in the case of
the executive as in the case of the judges. His remarks, of course,
were predicated upon the idea of a final necessity for retaining the
choice of the executive by the legislature. In a note to his
"Debates," appended to the vote on this question, it is said: "This
vote is not to be 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,
and thereby to facilitate some final arrangement of a contrary
tendency. The avowed friends of an executive 'during good behavior'
were not more than three or four, nor is it certain they would have
adhered to such a tenure." (Madison, Elliot, V. 327.) By "the avowed
friends of an executive during good behavior," I understand Mr.
Madison to mean those who would have preferred that tenure, under all
forms and modes of election. I can trace in the debates no evidence
that any other person except Gouverneur Morris was indifferent to the
mode in which the executive should be chosen, provided he held his
place by this tenure. Whether Hamilton held this opinion, and adhered
to it throughout, is a disputed point. In a letter to Timothy
Pickering, written in 1803, he says that his final opinion was against
an executive during good behavior, "on account of the increased danger
to the public tranquillity incident to the election of a magistrate of
this degree of permanency." In proof of this view of the subject, he
remarks: "In the plan of a constitution which I drew up while the
Convention was sitting, and which I communicated to Mr. Madison about
the close of it, perhaps a day or two after, the office of President
has no longer duration than for three years." (Niles's Register,
November 7, 1812.) In this he was probably mistaken. (See Hamilton's
Works, II. 401. Madison, Elliot, V. 584.)
[116] _Ante_, Chap. V.
[117] At this point (July 23) John Langdon and Nicholas Gilman took
their seats as delegates from New Hampshire.
[118] See the letter of Messrs. Yates and Lansing to Governor Clinton,
Elliot, I. 480.
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