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
M^r Williamson. This will be less security than 2/3 as now required.
M^r Sherman. It will be less embarrassing.
On the question, it passed in the negative.
N. H. no. Mass. ay. C^t ay. N. J. no. P^a no. Del. ay. M^d no.
V^a no. N. C. no. S. C. ay. Geo. ay.
M^r Madison moved that a Quorum of the Senate consist of 2/3 of all the
members.
M^r Gov^r Morris--This will put it in the power of one man to break up a
Quorum.
M^r Madison. This may happen to any Quorum.
On the Question it passed in the negative.
N. H. no. Mass. no. C^t no. N. J. no. P^a no. Del. no. M^d ay.
V^a ay. N. C. ay. S. C. ay. Geo. ay.
M^r Williamson & M^r Gerry mov^d "that no Treaty sh^d be made with^t
previous notice to the members, & a reasonable time for their
attending."
On the Question
All the States no; except N. C. S. C. & Geo. ay.
On a question on clause of the Report of the Com^e of Eleven relating to
Treaties by 2/3 of the Senate.
All the States were ay.--except P^a N. J. & Geo. no.
M^r Gerry mov^d that "no officer be app^d but to offices created by the
Constitution or by law."--This was rejected as unnecessary by six no's &
five ays:
The Ayes. Mass. C^t N. J. N. C. Geo.--Noes. N. H. P^a Del. M^d
V^a S. C.
The clause referring to the Senate, the trial of impeachments ag^{st}
the President, for Treason & bribery, was taken up.
Col. Mason. Why is the provision restrained to Treason & bribery only?
Treason as defined in the Constitution will not reach many great and
dangerous offences. Hastings is not guilty of Treason. Attempts to
subvert the Constitution may not be Treason as above defined. As bills
of attainder which have saved the British Constitution are forbidden, it
is the more necessary to extend the power of impeachments. He mov^d to
add, after "bribery" "or maladministration." M^r Gerry seconded him.
M^r Madison. so vague a term will be equivalent to a tenure during
pleasure of the Senate.
M^r Gov^r Morris, it will not be put in force & can do no harm. An
election of every four years will prevent maladministration.
Col. Mason withdrew "maladministration" & substitutes "other high crimes
& misdemesnors ag^{st} the State."
On the question thus altered
N. H. ay. Mass. ay. C^t ay. N. J. no. P^a no. Del. no. M^d ay.
V^a ay. N. C. ay. S. C. ay.[62] Geo. ay.
[62] In the printed Journal, S. Carolina, no.--Madison's
Note.
M^r Madison objected to a trial of the President by the Senate,
especially as he was to be impeached by the other branch of the
Legislature, and for any act which might be called a misdemesnor. The
President under these circumstances was made improperly dependent. He
would prefer the Supreme Court for the trial of impeachments, or rather
a tribunal of which that should form a part.
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