Volume II Part 36 (1/2)

N. H. ay. Mas. abs^t. C^t ay. N. J. abs^t. P^a ay. Del. no.

M^d ay. V^a ay. N. C. abs^t. S. C. no. Geo. ay.

The clause for removing the President on impeachment by the House of Rep^s and conviction in the supreme Court, of Treason, Bribery or corruption, was postponed nem: con: at the instance of M^r Gov^r Morris, who thought the Tribunal an improper one, particularly, if the first Judge was to be of the privy Council.

M^r Gov^r Morris objected also to the President of the Senate being provisional successor to the President, and suggested a designation of the Chief Justice.

M^r Madison added as a ground of objection that the Senate might r.e.t.a.r.d the appointment of a President in order to carry points whilst the revisionary power was in the President of their own body, but suggested that the Executive powers during a vacancy, be administered by the persons composing the Council to the President.

M^r Williamson suggested that the Legislature ought to have power to provide for occasional successors, & moved that the last clause (of 2 sect. X art:) relating to a provisional successor to the President, be postponed.

M^r d.i.c.kinson 2^{ded} the postponement, remarking that it was too vague.

What is the extent of the term ”disability” and who is to be the judge of it?

The postponement was agreed to nem: con:

Col: Mason & M^r Madison moved to add to the oath to be taken by the supreme Executive ”and will to the best of my judgment and power preserve protect and defend the Const.i.tution of the U. S.”

M^r Wilson thought the general provision for oaths of office, in a subsequent place, rendered the amendment unnecessary.--

On the question

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

N. C. abs^t. S. C. ay. Geo. ay.

Art: XI. being taken up.

Doc^r Johnson suggested that the judicial power ought to extend to equity as well as law--and moved to insert the words, ”both in law and equity” after the words ”U. S.” in the 1^{st} line of sect 1.

M^r Read objected to vesting these powers in the same Court.

On the question

N. H. ay. Mas. absent. C^t ay. N. J. abs^t. P. ay. Del. no.

M^d no. Virg^a ay. N. C. abs^t. S. C. ay. Geo. ay.

On the question to agree to Sect. 1. art. XI. as amended

N. H. ay. Mas. abs^t. C^t ay. P^a ay. N. J. abs^t. Del. no.

M^d no. V^a ay. N. C. abs^t. S. C. ay. Geo. ay.

M^r d.i.c.kinson moved as an amendment to sect. 2. art XI after the words ”good behavior” the words ”provided that they may be removed by the Executive on the application by the Senate and House of Representatives.”

M^r Gerry 2^{ded} the motion.

M^r Gov^r Morris thought it a contradiction in terms to say that the Judges should hold their offices during good behavior, and yet be removeable without a trial. Besides it was fundamentally wrong to subject Judges to so arbitrary an authority.

M^r Sherman saw no contradiction or impropriety if this were made a part of the Const.i.tutional regulation of the Judiciary establishment. He observed that a like provision was contained in the British Statutes.

M^r Rutlidge. If the Supreme Court is to judge between the U. S. and particular States, this alone is an insuperable objection to the motion.

M^r Wilson considered such a provision in the British Government as less dangerous than here, the House of Lords & House of Commons being less likely to concur on the same occasions. Chief Justice Holt, he remarked, had _successively_ offended by his independent conduct, both houses of Parliament. Had this happened at the same time, he would have been ousted. The Judges would be in a bad situation if made to depend on any gust of faction which might prevail in the two branches of our Gov^t.