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 Wilson, gave notice that he sh^d move to reconsider the vote,
requiring seven instead of three years of Citizenship as a qualification
of candidates for the House of Representatives.
Art. IV. Sec. 6. & 7. Agreed to nem. con.
Art. V. Sect. 1. taken up.
M^r Wilson objected to vacancies in the Senate being supplied by the
Executives of the States. It was unnecessary as the Legislatures will
meet so frequently. It removes the appointment too far from the people;
the Executives in most of the States being elected by the Legislatures.
As he had always thought the appointment of the Executives by the
Legislative department wrong; so it was still more so that the Executive
should elect into the Legislative department.
M^r Randolph thought it necessary in order to prevent inconvenient
chasms in the Senate. In some States the Legislatures meet but once a
year. As the Senate will have more power & consist of a smaller number
than the other House, vacancies there will be of more consequence. The
Executives might be safely trusted he thought with the appointment for
so short a time.
M^r Elseworth. It is only said that the Executive _may_ supply
vacancies. When the Legislative meeting happens to be near, the power
will not be exerted. As there will be but two members from a State
vacancies may be of great moment.
M^r Williamson. Senators may resign or not accept. This provision is
therefore absolutely necessary.
On the question for striking out "vacancies shall be supplied by the
Executives"
N. H. no. Mass. no. C^t no. N. J. no. P^a ay. M^d div^d. V^a no.
N. C. no. S. C. no. Geo. no.
M^r Williamson moved to insert after "vacancies shall be supplied by the
Executives," the following words "unless other provision shall be made
by the Legislature" (of the State).
M^r Elseworth. He was willing to trust the Legislature, or the Executive
of a State, but not to give the former a discretion to refer
appointments for the Senate to whom they pleased.
Question on M^r Williamson's motion
N. H. no. Mass. no. C^t no. N. J. no. P^a no. M^d ay. V^a no.
N. C. ay. S. C. ay. Geo. ay.
M^r Madison in order to prevent doubts whether resignations could be
made by Senators, or whether they could refuse to accept, moved to
strike out the words after "vacancies," & insert the words "happening by
refusals to accept, resignations or otherwise, may be supplied by the
Legislature of the State in the representation of which such vacancies
shall happen, or by the Executive thereof until the next meeting of the
Legislature."
M^r Gov^r Morris this is absolutely necessary, otherwise, as members
chosen into the Senate are disqualified from being appointed to any
office by Sect. 9. of this art: it will be in the power of a Legislature
by appointing a man a Senator ag^{st} his consent, to deprive the U. S.
of his services.
The motion of M^r Madison was agreed to nem. con.
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