of eleven, (see the 1st of September,) in order to take up the following:—
"The members of each House shall be incapable of holding any office under the United States for which they, or any other for their benefit, receive any salary, fees, or emoluments, of any kind, and the acceptance of such office shall vacate their seats respectively."
He was strenuously opposed to an ineligibility of members to office, and, therefore, wished to restrain the proposition to a mere incompatibility. He considered the eligibility of members of the legislature to the honorable offices of government as resembling the policy of the Romans, in making the temple of Virtue the road to the temple of Fame.
On this question,—
Pennsylvania, North Carolina, ay, 2; New Hampshire, Massachusetts, Connecticut. New Jersey, Maryland, Virginia, South Carolina, Georgia, no, 8.
Mr. KING moved to insert the word "created" before the word "during," in the report of the committee. This, he said, would exclude the members of the first legislature under the Constitution, as most of the offices would then be created.
Mr. WILLIAMSON seconded the motion. He did not see why members of the legislature should be ineligible to vacancies happening during the term of their election.
Mr. SHERMAN was for entirely incapacitating members of the legislature. He thought their eligibility to offices would give too much influence to the executive. He said the incapacity ought, at least, to be extended to cases where salaries should be increased, as well as created, during the term of the member. He mentioned, also, the expedient by which the restriction could be evaded; to wit, an existing officer might be translated to an office created, and a member of the legislature be then put into the office vacated.
Mr. GOUVERNEUR MORRIS contended that the eligibility of members to office would lessen the influence of the executive. If they cannot be appointed themselves, the executive will appoint their relations and friends, retaining the service and votes of the members for his purpose, in the legislature; whereas the appointment of the members deprives him of such an advantage.
Mr. GERRY thought the eligibility of members would have the effect of opening batteries against good officers, in order to drive them out and make way for members of the legislature.
Mr. GORHAM was in favor of the amendment. Without it, we go farther than has been done in any of the states, or, indeed, any other country. The experience of the state governments, where there was no such ineligibility, proved that it was not necessary; on the contrary, that the eligibility was among the inducements for fit men to enter into the legislative service.
Mr. RANDOLPH was inflexibly fixed against inviting men into the legislature by the prospect of being appointed to offices.
Mr. BALDWIN remarked, that the example of the states was not
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