The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
Doc^r Franklin was for retaining the clause as favorable to the
Executive. History furnishes one example only of a first Magistrate
being formally brought to public Justice. Every body cried out ag^{st}
this as unconstitutional. What was the practice before this in cases
where the Chief Magistrate rendered himself obnoxious? Why recourse was
had to assassination in w^{ch} he was not only deprived of his life but
of the opportunity of vindicating his character. It w^d be the best way
therefore to provide in the Constitution for the regular punishment of
the Executive where his misconduct should deserve it, and for his
honorable acquittal where he should be unjustly accused.
M^r Gov^r Morris admits corruption & some few other offences to be such
as ought to be impeachable; but thought the cases ought to be enumerated
& defined.
M^r Madison thought it indispensable that some provision should be made
for defending the Community ag^{st} the incapacity, negligence or
perfidy of the chief Magistrate. The limitation of the period of his
service was not a sufficient security. He might lose his capacity after
his appointment. He might pervert his administration into a scheme of
peculation or oppression. He might betray his trust to foreign powers.
The case of the Executive Magistracy was very distinguishable, from that
of the Legislature or any other public body, holding offices of limited
duration. It could not be presumed that all or even a majority of the
members of an Assembly would either lose their capacity for discharging,
or be bribed to betray, their trust. Besides the restraints of their
personal integrity & honor, the difficulty of acting in concert for
purposes of corruption was a security to the Public. And if one or a few
members only should be seduced, the soundness of the remaining members,
would maintain the integrity and fidelity of the body. In the case of
the Executive Magistracy which was to be administered by a single man,
loss of capacity or corruption was more within the compass of probable
events, and either of them might be fatal to the Republic.
M^r Pinkney did not see the necessity of impeachments. He was sure they
ought not to issue from the Legislature who would in that case hold them
as a rod over the Executive and by that means effectually destroy his
independence. His revisionary power in particular would be rendered
altogether insignificant.
M^r Gerry urged the necessity of impeachments. A good Magistrate will
not fear them. A bad one ought to be kept in fear of them. He hoped the
maxim would never be adopted here that the chief magistrate could do no
wrong.
Public-domain text, read in full here on John Shaqi.
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