Page:The Records of the Federal Convention of 1787 Volume 2.djvu/557

 I{ECORDS OF THE FEDERAL CONVENTION 5I Saturday MADISON September 8 Mr. Madison, objected to a trial of the President by the Senate, especially as he was to be impeached by the other branch of the Legislature, and for any act which might be called a misdemesnor. The President under these circum- stances was made improperly dependent. .He would prefer the _supreme Court for the trial of impeachments, or rather a tribunal of which that should form a part. Mr Govr Morris thought no other tribunal than the Senate could be trusted. The Supreme Court were too few in num- ber and might be warped or corrupted. He was agst. a de- pendence of the Executive on the Legislature considering the Legislative tyranny the great danger to be apprehended; but there could be no danger that the Senate would say untruly on their oaths that the President was guilty of crimes or facts, especially as in four years he can be turned out.- Mr Pinkhey disapproved of making the Senate the Court of Impeachments, as rendering the President too dependent on the Legislature. If he opposes a favorite law, the two Houses will combine agst him, and under the influence of heat and faction throw him out of office. Mr. Williamson thought there was more danger of too much lenity than of too much rigour towards the President, considering the number of cases in which the Senate was associated with the President-- Mr Sherman regarded the Supreme Court as improper to try the President, because the Judges would be appointed by him. On motion by Mr. Madison to strike out the words- "by the Senate" after the word "Conviction" N-- H. no. Mas-- no. Ct. no. N.J. no-- Pa. ay-- Del-- no. Md. no. Va. ayq N. C. no. S-- C-- no. Geo. no. [A7es -- 2; noes -- 9.] In the amendment of Col: Mason just agreed to, the word "State" after the words misdemeanors against" was struck out, and the words "United States" inserted, 8 in order to remove ambiguity-- On the question to agree to clause as amended, s Taken from Journal.

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