Page:The Records of the Federal Convention of 1787 Volume 2.djvu/78

 74 RECORDS OF THE FEDERAL CONVENTION Saturday MADISON the Judges will give more wisdom & firmness to the Execu- tive. They will possess a systematic and accurate knowledge of the Laws, which the Executive can not be expected always to possess. The law of Nations also will frequently come into question. Of this the Judges alone will have competent information. Mr. (Madison) -- considered the object of the motion as of great importance to the meditated Constitution. It would be useful to the Judiciary departmt. by giving it an additional opportunity of defending itself agst: Legislative encroach- ments; It would be useful to the Executive, by inspiring ad- ditional confidence & firmness in exerting the revlsionary power: It would be useful to the Legislature by the valuable assistance it would give in preserving a consistency, concise- ness, perspicuity & technical propriety in the laws, qualities peculiarly necessary; & yet shamefully wanting in our repub- lican Codes. It would moreover be useful to the Community at large as an additional check agst. a pursuit of those unwise & unjust measures which constituted so great a portion of our calamities. If any solid objection could be urged agst. the motion, it must be on the supposition that it tended to give too much strength either to the Executive or J.udiciary. He did not think there was the least ground for this appre- hension. It was much more to be apprehended that not- withstanding this co-operation of the two departments the Legislature would still be an overmatch for them. Experience in all the States had evinced a powerful tendency in the Legislature to absorb all power into its vortex. This was the real source of danger to the American Constitutions; & sug- gested the necessity of giving every defensive authority to the other departments that was consistent with republican principles. Mr. Mason said he had always been a friend to this provi- sion. It would give a confidence to the Executive, which he would not otherwise have, and without which the Revisionary power would be of little avail. Mr. Gerry did not expect to see this point which had under- gone full discussion, again revived. The object he c6nceived

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