Page:The Records of the Federal Convention of 1787 Volume 2.djvu/37

 RECORDS OF THE FEDERAL CONVENTION 33 Tuesday MADISON July x7 "to appoint to offices in cases not otherwise provided for". --agreed to nem. con. "to be ineligible a second time"--Mr. Houston moved to strike out this clause. Mr. Sherman 2ds. the motion. Mr. Govr. Morris espoused the motion. The ineligibility proposed by the clause as it stood tended to destroy the great motive to good behavior, the hope of being rewarded by a re-appointment. It was saying to him, make hay while the sun shines. On the question for striking out as moved by Mr. Houston, (it passed in the affirmative.) Mas. ay. Cont. a 7. N.J. a 7. Pa. a 7. Del. no. Md. a 7. Va. no. N. C. no. S.C. no. Geo. ay. [Ayes--6; noes--4.] "For the term of 7 years" resumed Mr. Broom was for a shorter term since the Executive Magistrate was now to be re-eligible. Had he remained ineligible a 2d. time, he should have preferred a longer term. Docr. McClurg moved * to strike out 7 years, and insert "during good behavior". By striking out the words declar- ing him not re-eligible, he 'was put into a situation that would keep him dependent for ever on the Legislature; and he con- ceived the independence of the Executive to be equally essen- tial with that of the Judiciary department. Mr. Govr. Morris zded. the motion. He expressed great pleasure in hearing it. This was the way to get a good Gov- ernment. His fear that so valuable an ingredient would not be attained had led him to take the part he had done. He was indifferent how the Executive should be chosen, pro- vided he held his place by this tenure. Mr. Broome highly approved the motion. It obviated all his difficulties. Mr. Sherman considered such a tenure as by no means safe or admissible. As the Executive Magistrate is now re-eli- gible, he will be on good behavior as far as will be necessary. �(The probable object of this motion was merely to enforce the argument against the re-eligibility of the Executive Magistrate, by holding out a tenure during good behaviour as the alternative for keeping him independent of the Legislature.)

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