Page:The Records of the Federal Convention of 1787 Volume 2.djvu/87

 RECORDS OF THE FEDERAL CONVENTION 8 Saturday MADISON Jly in their opinions & reasonings on this subject. Notwithstand- ing the form of the proposition by which the appointment seemed to be divided between the Executive & Senate, the appointment was substantially vested in the former alone. The false complaisance which usually prevails in such cases will prevent a disagreement to the first nominations. He considered the appointment by the Executive as a dangerous prerogative. It might even give him an influence over the Judiciary department itself. He did not think the difference of interest between the Northern and Southern (States) could be properly brought into this argument. It would operate & require some precautions in the case of regulating naviga- tion, commerce & imposts; but he could not see that it had any connection with the Judiciary department. On the question, the motion now being "that the execu- tive should nominate, & such nominations should become appointments unless disagreed to by the Senate" Mas. ay. Ct. no. Pa. ay. Del. no. Md. no. Va. ay. N. C. no. S.C. no. Geo. no. [Ayes M 3; noes- 6.] On question for agreeing to the clause as it stands by which the Judges are to be appointed by 2d. branch Mas. no. Ct. a�. Pa. no. Del. ay. Md. ay. Va. no. N. C. ay. S.C. ay. Geo. ay. [Ayes- 6; noes- 3.] Adjourned' See further Appendix A, LXVI, LXVII.

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