Page:The Records of the Federal Convention of 1787 Volume 2.djvu/86

 8Z IECOlt. D$ OF THE FEDElt.,I, CONVENTION StttrJay MADISON Mr. Govr. Morris supported the motion. I. The States in their corporate capacity will frequently have an interest staked on the determination of the Judges. As in the Senate the States are to vote the Judges ought not to be appointed by the Senate. Next to the impropriety of being Judge in one's own cause, is the appointment of the Judge. z. It had been said the Executive would be uninformed of characters. The reverse was ye truth. The Senate will be so. They must take the character of candidates from the flattering pictures drawn by their friends. The Executive in the neces- sary intercourse with every part of the U.S. required by the nature of his administration, will or may have the best pos- sible information. 3. It had been said that a jealousy would be entertained of the Executive. If the Executive can be safely trusted with the command of the army, there can not surely be any reasonable ground of Jealousy in the present case. He added that if the Objections agst. an appointment of the Executive by the Legislature, had the weight that had been allowed there must be some weight in the objection to an appointment of the Judges by the Legislature or by any part of it. Mr. Gerry. The appointment of the Judges like every other part of the Constitution shd. be so modeled as to give satisfaction both to the people and to the States. The mode under consideration will give satisfaction to neither. He could not conceive that the Executive could be as well informed of characters throughout the Unlon as the Senate. It ap- peared to him also a strong objection that ] of the Senate were required to reject a nomination of the Executive. The Senate would be constituted in the same manner as Congress. And the appointments of Congress have been generally good. Mr. (Madison,, observed that he was not anxious that ] should be necessary to disagree to a nomination. I-Ie had given this form to his motion chiefly to vary it the more clearly from one which had just been rejected. He was content to obviate the objection last made, and accordingly so varied the motion as to let a majority reject. Col. Mason found it his duty to differ from his colleagues

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