The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
M^r Wilson opposed the appointm^t of Judges by the National Legisl:
Experience shewed the impropriety of such appointm^{ts} by numerous
bodies. Intrigue, partiality, and concealment were the necessary
consequences. A principal reason for unity in the Executive was that
officers might be appointed by a single, responsible person.
M^r Rutlidge was by no means disposed to grant so great a power to any
single person. The people will think we are leaning too much towards
Monarchy. He was against establishing any national tribunal except a
single supreme one. The State tribunals are most proper to decide in all
cases in the first instance.
Doc^r Franklin observed that two modes of chusing the Judges had
been mentioned, to wit, by the Legislature and by the Executive. He
wished such other modes to be suggested as might occur to other
gentlemen; it being a point of great moment. He would mention one
which he had understood was practised in Scotland. He then in a brief
and entertaining manner related a Scotch mode, in which the nomination
proceeded from the Lawyers, who always selected the ablest of the
profession in order to get rid of him, and share his practice among
themselves. It was here he said the interest of the electors to make the
best choice, which should always be made the case if possible.
Mr. Madison disliked the election of the Judges by the Legislature or
any numerous body. Besides the danger of intrigue and partiality, many
of the members were not judges of the requisite qualifications. The
Legislative talents which were very different from those of a Judge,
commonly recommended men to the favor of Legislative Assemblies. It was
known too that the accidental circumstances of presence and absence, of
being a member or not a member, had a very undue influence on the
appointment. On the other hand He was not satisfied with referring the
appointment to the Executive, He rather inclined to give it to the
Senatorial branch, as numerous eno' to be confided in--as not so
numerous as to be governed by the motives of the other branch; and as
being sufficiently stable and independent to follow their deliberate
judgments. He hinted this only and moved that the _appointment by the
Legislature_ might be struck out, & a blank left to be hereafter filled
on maturer reflection. M^r Wilson second it. On the question for
striking out, Mass^{ts} ay. Con^t no. N. Y. ay. N. J. ay. Pen^a ay.
Del. ay. M^d ay. V^a ay. N. C. ay. S. C. no. Geo. ay.
Mr. Wilson gave notice that he should at a future day move for a
reconsideration of that clause which respects "inferior tribunals."
M^r Pinkney gave notice that when the clause respecting the appointment
of the Judiciary should again come before the Committee he should move
to restore the "appointment by the national Legislature."
Public-domain text, read in full here on John Shaqi.
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