Mr. SHERMAN considered such a tenure as by no means safe or admissible. As the Executive Magistrate is now re-eligible, he will be on good behaviour as far as will be necessary. If he behaves well, he will be continued; if otherwise, displaced, on a succeeding election.

Mr. MADISON.* If it be essential to the preservation of liberty that the Legislative, Executive, and Judiciary powers be separate, it is essential to a maintenance of the separation, that they should be independent of each other. The Executive could not be independent of the Legislature, if dependent on the pleasure of that branch for a re-appointment. Why was it determined that the Judges should not hold their places by such a tenure? Because they might be tempted to cultivate the Legislature, by an undue complaisance, and thus render the Legislature the virtual expositor, as well as the maker of the laws. In like manner, a dependence of the Executive on the Legislature would render it the executor as well as the maker of laws; and then, according to the observation of Montesquieu, tyrannical laws may be made that they may be executed in a tyrannical manner. There was an analogy between the Executive and Judiciary departments in several respects. The latter executed the laws in certain cases as the former did in others. The former expounded and applied them for certain purposes, as the latter did for others. The difference

The view here taken of the subject was meant to aid in parrying the animadversions likely to fall on the motion of Doctor McClurg, for whom J. M. had a particular regard. The Doctor, though possessing talents of the highest order, was modest and unaccustomed to exert them in public debate.

between them seemed to consist chiefly in two circumstances,―first, the collective interest and security were much more in the power belonging to the Executive, than to the Judiciary, department; secondly, in the administration of the former, much greater latitude is left to opinion and discretion, than in the administration of the latter. But if the second consideration proves that it will be more difficult to establish a rule sufficiently precise for trying the Executive, than the Judges, and forms an objection to the same tenure of office, both considerations prove that it might be more dangerous to suffer a union between the Executive and Legislative powers, than between the Judiciary and Legislative powers. He conceived it to be absolutely necessary to a well constituted Republic, that the two first should be kept distinct and independent of each other. Whether the plan proposed by the motion was a proper one, was another question; as it depended on the practicability of instituting a tribunal for impeachments as certain and as adequate in the one case, as in the other. On the other hand, respect for the mover entitled his proposition to a fair hearing and discussion, until a less objectionable expedient should be applied for guarding against a dangerous union of the Legislative and Executive departments.

Colonel MASON. This motion was made some time ago, and negatived by a very large majority. He trusted that it would be again negatived. It would be impossible to define the misbehaviour in such a manner as to subject it to a proper trial; and perhaps still more impossible to compel so high

an offender, holding his office by such a tenure, to submit to a trial. He considered an Executive during good behaviour as a softer name only for an Executive for life. And that the next would be an easy step to hereditary monarchy. If the motion should finally succeed, he might himself live to see such a revolution. If he did not, it was probable his children or grand children would. He trusted there were few men in that House who wished for it. No State, he was sure, had so far revolted from republican principles, as to have the least bias in its favor.

Mr. MADISON was not apprehensive of being thought to favor any step towards monarchy. The real object with him was to prevent its introduction. Experience had proved a tendency in our government to throw all power into the Legislative vortex. The Executives of the States are in general little more than cyphers; the Legislatures omnipotent. If no effectual check be devised for restraining the instability and encroachments of the latter, a revolution of some kind or other would be inevitable. The preservation of republican govern ment therefore required some expedient for the purpose, but required evidently, at the same time, that, in devising it, the genuine principles of that form should be kept in view.

MR. GOUVERNEUR MORRIS was as little a friend to monarchy as any gentleman. He concurred in the opinion that the way to keep out monarchical government was to establish such a Republican government as would make the people happy, and prevent a desire of change.

DOCT. MCCLURG was not so much afraid of the shadow of monarchy, as to be unwilling to approach it; nor so wedded to republican government, as not to be sensible of the tyrannies that had been and may be exercised under that form. It was an essential object with him to make the Executive independent of the Legislature; and the only mode left for effecting it, after the vote destroying his ineligibility a second time, was to appoint him during good behaviour.

On the question for inserting "during good behaviour," in place of "seven years [with a re-eligibility]," it passed in the negative, New Jersey, Pennsylvania, Delaware, Virginia, aye-4; Massachusetts, Connecticut, Maryland, North Carolina, South Carolina, Georgia, no-6.*

On the motion to strike out" seven years," it passed in the negative, Massachusetts, Pennsylvania, Delaware, North Carolina, aye-4; Connecticut, New Jersey, Maryland, Virginia, South Carolina, Georgia, no-6.†

This vote is not to be considered as any certain index of opinion, as a number in the affirmative probably had it chiefly in view to alarm those attached to a dependence of the Executive on the Legislature, and thereby facilitate some final arrangement of a contrary tendency. The avowed friends of an Executive "during good behaviour" were not more than three or four, nor is it certain they would have adhered to such a tenure.

An independence of the three great departments of each other, as far as possible, and the responsibility of all to the will of the community, seemed to be generally admitted as the true basis of a well constructed Government.

+ There was no debate on this motion. The apparent object of many in the affirmative was to secure the re-eligibility by shortening the term, and of many in the negative to embarrass the plan of referring the appointment and dependence of the Executive to the Legislature.

VOL. I.-71*

It was now unanimously agreed, that the vote which had struck out the words "to be ineligible a second time," should be reconsidered to-morrow. Adjourned.

WEDNESDAY JULY 18TH.

In Convention,-On motion of Mr. L. MARTIN to fix to-morrow for reconsidering the vote concerning the ineligibility of the Executive a second time, it passed in the affirmative,-Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, aye-8; New Jersey, Georgia, absent.

The residue of the ninth Resolution, concerning the Executive, was postponed till to-morrow.

The tenth Resolution, "that the Executive shall have a right to negative legislative acts not afterwards passed by two-thirds of each branch," was passed, nem. con.

The eleventh Resolution, "that a National Judiciary shall be established to consist of one supreme tribunal," agreed to nem. con.

On the clause, "The judges of which to be appointed by the second branch of the National Legislature,"

Mr. GORHAM would prefer an appointment by the second branch to an appointment by the whole Legislature; but he thought even that branch too numerous, and too little personally responsible, to en