applicable. The legislatures there are so numerous, that an exclusion of their members would not leave proper men for offices. The case would be otherwise in the general government.
Col. MASON. Instead of excluding merit, the ineligibility will keep out corruption, by excluding office-hunters.
Mr. WILSON considered the exclusion of members of the legislature as increasing the influence of the executive, as observed by Mr. Gouverneur Morris; at the same time that it would diminish the general energy of the government. He said that the legal disqualification for office would be odious to those who did not wish for office, but did not wish either to be marked by so degrading a distinction.
Mr. PINCKNEY. The first legislature will be composed of the ablest men to be found. The states will select such to put the government into operation. Should the report of the committee, or even the amendment, be agreed to, the great offices, even those of the judiciary department, which are to continue for life, must be filled, while those most capable of filling them will be under a disqualification.
On the question on Mr. King's motion,—
New Hampshire, Massachusetts, Pennsylvania, Virginia, North Carolina, ay, 5; Connecticut, New Jersey, Maryland, South Carolina, Georgia, no, 5.
The amendment being thus lost, by the equal division of the states, Mr. WILLIAMSON moved to insert the words "created, or the emoluments whereof shall have been increased," before the wore "during," in the report of the committee.
Mr. KING seconded the motion, and on the question,—
New Hampshire, Massachusetts, Pennsylvania, Virginia, North Carolina, ay, 5; Connecticut, New Jersey, Maryland, South Carolina, no, 4; Georgia, divided.
The last clause, rendering a seat in the legislature, and an office, incompatible, was agreed to, nem. con.
The report, as amended and agreed to, is as follows:—
"The members of each House shall be ineligible to any civil office under the authority of the United States, created, or the emoluments whereof shall have been increased, during the time for which they shall respectively be elected. And no person, holding any office under the United States, shall be a member of either House during his continuance in office."251
Adjourned.
Tuesday, September 4.
In Convention.—Mr. BREARLY, from the committee of eleven, made a further partial report, as follows:—
"The committee of eleven, to whom sundry resolutions, &c., were referred on the 31st of August, report that, in their opinion, the following additions and alterations should be made to the report before the Convention, viz.:—[1]
"1. The first clause of article 7, sect. 1, to read as follows: 'the legislature shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defence and general welfare of the United States.'
- ↑ This is an exact copy. The variations in that in the printed Journal are occasioned by its incorporation of subsequent amendments. This remark is applicable to other cases.
