Volume I Part 40 (1/2)

M^r Ghorum remarked that the Senate could have no better information than the Executive. They must like him, trust to information from the members belonging to the particular State where the candidate resided.

The Executive would certainly be more answerable for a good appointment, as the whole blame of a bad one would fall on him alone. He did not mean that he would be answerable under any other penalty than that of public censure, which with honorable minds was a sufficient one.

On the question for referring the appointment of the Judges to the Executive, instead of the 2^d branch

Mas. ay. Con^t no. P^a ay. Del. no. M^d no. V^a no. N. C. no.

S. C. no. Geo. absent.

M^r Ghorum moved ”that the Judges be nominated and appointed by the Executive, by & with the advice & consent of the 2^d branch & every such nomination shall be made at least ---- days prior to such appointment.”

This mode he said had been ratified by the experience of a 140 years in Ma.s.sachus^{ts}. If the app^t should be left to either branch of the Legislature, it will be a mere piece of jobbing.

M^r Gov^r Morris 2^{ded} & supported the motion.

M^r Sherman thought it less objectionable than an absolute appointment by the Executive; but disliked it, as too much fettering the Senate.

Question on M^r Ghorum's motion

Mas. ay. Con^t no. P^a ay. Del. no. M^d ay. V^a ay. N. C. no.

S. C. no. Geo. absent.

M^r Madison moved that the Judges should be nominated by the Executive & such nomination should become an appointment if not disagreed to within ---- days by 2/3 of the 2^d branch.

M^r Gov^r Morris 2^{ded} the motion. By co[~m]on consent the consideration of it was postponed till tomorrow.

”To hold their offices during good behavior” & ”to receive fixed salaries” agreed to nem: con:.

”In which (salaries of Judges) no increase or diminution shall be made so as to affect the persons at the time in office.”

M^r Gov^r Morris moved to strike out ”or increase.” He thought the Legislature ought to be at liberty to increase salaries as circ.u.mstances might require, and that this would not create any improper dependence in the Judges.

Doc^r Franklin was in favor of the motion. Money may not only become plentier, but the business of the department may increase as the Country becomes more populous.

M^r Madison. The dependence will be less if the _increase alone_ should be permitted, but it will be improper even so far to permit a dependence. Whenever an increase is wished by the Judges, or may be in agitation in the legislature, an undue complaisance in the former may be felt towards the latter. If at such a crisis there should be in Court suits to which leading members of the Legislature may be parties, the Judges will be in a situation which ought not to be suffered, if it can be prevented. The variations in the value of money, may be guarded ag^{st} by taking for a standard wheat or some other thing of permanent value. The increase of business will be provided for by an increase of the number who are to do it. An increase of salaries may easily be so contrived as not to affect persons in office.

M^r Gov^r Morris. The value of money may not only alter but the State of Society may alter. In this event the same quant.i.ty of wheat, the same value would not be the same compensation. The Amount of salaries must always be regulated by the manners & the style of living in a Country.

The increase of business can not be provided for in the supreme tribunal in the way that has been mentioned. All the business of a certain description whether more or less must be done in that single tribunal.

Additional labor alone in the Judges can provide for additional business. Additional compensation therefore ought not to be prohibited.

On the question for striking out ”or increase”

Mas. ay. Con^t ay. P^a ay. Del. ay. M^d ay. V^a no. N. C. no.

S. C. ay. Geo. absent

The whole clause as amended was then agreed to nem: con:

12. Resol: ”that Nat^l Legislature be empowered to appoint inferior tribunals”

M^r Butler could see no necessity for such tribunals. The State Tribunals might do the business.