Page:Debates in the Several State Conventions, v5.djvu/568

542 Mr. MADISON. The President is made too dependent already on the legislature by the power of one branch to try him in consequence of an impeachment by the other. This intermediate suspension will put him in the power of one branch only. They can at any moment, in order to make way for the functions of another who will be more favorable to their views, vote a temporary removal of the existing magistrate.

Mr. KING concurred in the opposition to the amendment.

On the question to agree to it,—

Connecticut, South Carolina, Georgia, ay, 3; New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, no, 8.

Article 1, sect. 4, "except as to the places of choosing senators," was added, ''nem. con.'', to the end of the first clause, in order to exempt the seats of government in the states from the power of Congress.

Article 1, sect. 5,—

"Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy."

Col. MASON and Mr. GERRY moved to insert, after the word "parts," the words "of the proceedings of the Senate," so as to require publication of all the proceedings of the House of Representatives.

It was intimated, on the other side, that cases might arise where secrecy might be necessary in both Houses. Measures preparatory to a declaration of war, in which the House of Representatives was to concur, were instanced.

On the question, it passed in the negative.

Pennsylvania, Maryland, North Carolina, ay, 3; New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Virginia, Georgia, no, 7; South Carolina, divided.

Mr. BALDWIN observed, that the clause, article 1, sect. 6, declaring, that no member of Congress,

"during the time for which he was elected, shall be appointed to any civil office under the authority of the United States which shall have been created, or the emoluments whereof shall have been increased, during such time," would not extend to offices created by the Constitution, and the salaries of which would be created, not increased, by Congress at their first session. The members of the first Congress, consequently, might evade the disqualification in this instance. He was neither seconded nor opposed, nor did any thing further pass on the subject.

Article 1, sect. 8. The Congress "may by joint ballot appoint a treasurer."

Mr. RUTLEDGE moved to strike out this power, and let the treasurer be appointed in the same manner with other officers.

Mr. GORHAM and Mr. KING said, that the motion, if agreed to, would have a mischievous tendency. The people are accustomed and attached to that mode of appointing treasurers, and the innovation will multiply objections to the system.

Mr. GOUVERNEUR MORRIS remarked, that if the treasurer