"For the term of seven years,"—postponed, nem. con., on motion of Mr. HOUSTON and Mr. GOUVERNEUR MORRIS;—
"To carry into execution the national laws,"—agreed to, nem. con.;—
"To appoint to offices in cases not otherwise provided for,"—agreed to, nem. con.;—
"To be ineligible a second time."—Mr. HOUSTON moved to strike out this clause.
Mr. SHERMAN seconds the motion.
Mr. GOUVERNEUR MORRIS espoused the motion. The ineligibility proposed by the clause, as it stood, tended to destroy the great motive to good behavior, the hope of being rewarded by a reappointment. It was saying to him, "Make hay while the sun shines."
On the question for striking out, as moved by Mr. Houston, it passed in the affirmative.
Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, Georgia, ay, 6; Delaware, Virginia, North Carolina, South Carolina, no, 4.
The clause, "for the term of seven years," being resumed,—
Mr. BROOME was for a shorter term, since the executive magistrate was now to be reëligible. Had he remained ineligible a second time, he should have preferred a longer term.
Dr. M'CLURG[1] moved to strike out "seven years," and insert "during good behavior." By striking out the words declaring him not reëligible, he was put into a situation that would keep him dependent forever on the legislature; and he conceived the independence of the executive to be equally essential with that of the judiciary department.
Mr. GOUVERNEUR MORRIS seconded the motion. He expressed great pleasure in hearing it. This was the way to get a good government. His fear that so valuable an ingredient would not be attained had led him to take the part he had done. He was indifferent how the executive should be chosen, provided he held his place by this tenure.
Mr. BROOME highly approved the motion. It obviated all his difficulties.
Mr. SHERMAN considered such a tenure as by no means safe or admissible. As the executive magistrate is now reëligible, he will be on good behavior as far as will be necessary. If he behaves well, he will be continued; if otherwise, displaced, on a succeeding election.
Mr. MADISON.[2] If it be essential to the preservation of liberty that the legislative, executive, and judiciary powers be separate, it is
- ↑ The probable object of this motion was merely to enforce the argument against the reëligibility of the executive magistrate, by holding out a tenure during good behavior, as the alternative for keeping him independent of the legislature.
- ↑ The view here taken of the subject was meant to aid in parrying the animadversions likely to fall on the motion of Dr. M'Clurg, 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.
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