government, where they reside, as the executive. If they cannot get the man of the particular state to which they may respectively belong, they will be indifferent to the rest. Public bodies feel no personal responsibility, and give full play to intrigue and cabal. Rhode Island is a full illustration of the insensibility to character produced by a participation of numbers in dishonorable measures, and of the length to which a public body may carry wickedness and cabal.
Mr. GOUVERNEUR MORRIS supposed it would be improper for an impeachment of the executive to be tried before the judges. The latter would in such cases be drawn into intrigues with the legislature, and an impartial trial would be frustrated. As they would be much about the seat of government, they might even be previously consulted, and arrangements might be made for a prosecution of the executive. He thought, therefore, that no argument could be drawn from the probability of such a plan of impeachments, against the motion before the House.
Mr. MADISON suggested, that the judges might be appointed by the executive, with the concurrence of one third at least of the second branch. This would unite the advantage of responsibility in the executive, with the security afforded in the second branch against any incautious or corrupt nomination by the executive.
Mr. SHERMAN was clearly for an election by the Senate. It would be composed of men nearly equal to the executive, and would of course have, on the whole, more wisdom. They would bring into their deliberations a more diffusive knowledge of characters. It would be less easy for candidates to intrigue with them than with the executive magistrate. For these reasons, he thought there would be a better security for a proper choice in the Senate than in the executive.
Mr. RANDOLPH. It is true that, when the appointment of the judges was vested in the second branch, an equality of votes had not been given to it. Yet he had rather leave the appointment there than give it to the executive. He thought the advantage of personal responsibility might be gained, in the Senate, by requiring the respective votes of the members to be entered on the Journal. He thought, too, that the hope of receiving appointments would be more diffusive, if they depended on the Senate, the members of which would be diffusively known, than if they depended on a single man, who could not be personally known to a very great extent; and, consequently, that opposition to the system would be so far weakened.
Mr. BEDFORD thought, there were solid reasons against leaving the appointment to the executive. He must trust more to information than the Senate. It would put it in his power to gain over the larger states by gratifying them with a preference of their citizens. The responsibility of the executive, so much talked of, was chimerical. He could not be punished for mistakes.
Mr. GORHAM remarked, that the Senate could have no better information than the executive. They must, like him, trust to
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