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
Col. Mason found it his duty to differ from his colleagues in their
opinions & reasonings on this subject. Notwithstanding the form of the
proposition by which the appointment seemed to be divided between the
Executive & Senate, the appointment was Substantially vested in the
former alone. The false complaisance which usually prevails in such
cases will prevent a disagreement to the first nominations. He
considered the appointment by the Executive as a dangerous prerogative.
It might even give him an influence over the Judiciary department
itself. He did not think the difference of interest between the Northern
and Southern States could be properly brought into this argument. It
would operate & require some precautions in the case of regulating
navigation, commerce & imposts; but he could not see that it had any
connection with the Judiciary department.
On the question, the motion now being "that the executive should
nominate & such nominations should become appointments unless disagreed
to by the Senate"
Mass. ay. C^t no. P^a ay. Del. no. M^d no. V^a ay. N. C. no.
S. C. no. Geo. no.
On question for agreeing to the clause as it stands by which the Judges
are to be appointed by the 2^d branch
Mass. no. C^t ay. P^a no. Del. ay. M^d ay. V^a no. N. C. ay.
S. C. ay. Geo. ay.
Adjourned.
MONDAY JULY 23. IN CONVENTION
M^r John Langdon & M^r Nicholas Gilman[5] from N. Hampshire,[6] took
their seats.
[5] M^r Gilman is modest, genteel, and sensible. There is
nothing brilliant or striking in his character, but there is
something respectable and worthy in the man.--About 30 years
of age."--Pierce's Notes, _Am. Hist. Rev._, iii., 325.
He did not speak in the convention.
[6] The act appointing deputies to the convention was not passed
by the New Hampshire Legislature till June 27,
1787.--_Journal of Federal Convention_, 17.
Resol:^n 17. that provision ought to be made for future amendments of
the Articles of Union, agreed to, nem. con.
Resol^n 18. "requiring the Legis: Execut: & Jud^y of the States to be
bound by oath to support the articles of Union," taken into
consideration.
M^r Williamson suggests that a reciprocal oath should be required from
the National officers, to support the Governments of the States.
M^r Gerry moved to insert as an amendm^t that the oath of the officers
of the National Government also should extend to the support of the
Nat^l Gov^t which was agreed to nem. con.
M^r Wilson said he was never fond of oaths, considering them as a left
handed security only. A good Gov^t did not need them, and a bad one
could not or ought not to be supported. He was afraid they might too
much trammel the members of the existing Gov^t in case future
alterations should be necessary; and prove an obstacle to Resol: 17.
just ag^d to.
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