Page:The Records of the Federal Convention of 1787 Volume 2.djvu/69

 RECORDS OF THE FEDERAL CONVENTION 6 s Friday MADISON July o and will render the Executive dependent on those who are to impeach Col. Mason. No point is of more importance than that the right of impeachment should be continued. Shall any man be above Justice? Above all shall that man be above it, who can commit the most extensive injustice? When great crimes were committed he was for punishing the principal as well as the Coadjutors. There had been much debate & difficulty as to the mode of chusing the Executive. He approved of that which had been adopted at first, namely of referring the appointment to the Natl. Legislature. One objection agst. Electors was the danger of their being corrupted by the Candidates: & this furnished a peculiar reason in favor of impeachments whilst in office. Shall the man who has practised corruption & by that means procured his appointment in the firat instance, be suffered to escape punishment, by repeating his guilt? Doer. Franklin was for retaining the clause as favorable to the executive. History furnishes one example only of a first Magistrate being formall 7 brought to public Justice. Every bod 7 cried out agst this as unconstitutional. What was the practice before this in cases where the chief Magistrate ren- dered himself obnoxious ? Why recourse was had to assassina- tion in wch. he was not only deprived of his life but of the opportunity of vindicating his character. It wd. be the best way therefore to provide in the Constitution for the regular punishment of the Executive when his misconduct should deserve it, and for his honorable acquittal when he should be unjustly accused. Mr. Govr Morris admits corruption & some few other offences to be such as ought to be impeachable; but thought the cases ought to be enumerated & defined: Mr. {Madiaon)- thought it indispensable that some pro- vision should be made for defending the Community agst the incapacity, negligence or perfidy of the chief Magistrate. The limitation of the period of his service, was not a sufficient security. I-Ie might lose his capacity after his appointment. I-Ie might pervert his administration into a scheme of pecula-

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