Judiciary should be so as well as the Legislative; that the Executive should be so equally with the Judiciary. Would this be the case if the Executive should be impeachable? It had been said, that the Judiciary would be impeachable. But it should have been remembered, at the same time, that the Judiciary hold their places not for a limited time, but during good behaviour. It is necessary, therefore, that a form should be established for trying misbehaviour. Was the Executive to hold his place during good behaviour? The Executive was to hold his place for a limited time, like the members of the Legislature. Like them, particularly the Senate, whose members would continue in appointment the same term of six years, he would periodically be tried for his behaviour by his electors, who would continue or discontinue him in trust according to the manner in which he had discharged it. Like them, therefore, he ought to be subject to no intermediate trial, by impeachment. He ought not to be impeachable unless he held his office during good behaviour, a tenure which would be most agreeable to him, provided an independent and effectual forum could be devised. But under no circumstances ought he to be impeachable by the Legislature. This would be destructive of his independence, and of the principles of the Constitution. He relied on the vigor of the Executive, as a great security for the public liberties.

MR. RANDOLPH. The propriety of impeachments was a favorite principle with him. Guilt, wherever found, ought to be punished. The Executive will have great opportunities of abusing his power; par

ticularly in time of war, when the military force, and in some respects the public money, will be in his hands. Should no regular punishment be provided, it will be irregularly inflicted by tumults and insurrections. He is aware of the necessity of proceeding with a cautious hand, and of excluding as much as possible the influence of the Legislature from the business. He suggested for consideration an idea which had fallen (from Colonel HAMILTON), of composing a forum out of the Judges belonging to the States; and even of requiring some preliminary inquest, whether just ground of impeachment existed.

Doctor FRANKLIN mentioned the case of the Prince of Orange, during the late war. An arrangement was made between France and Holland, by which their two fleets were to unite at a certain time and

place. The Dutch fleet did not appear. Every body began to wonder at it. At length it was suspected that the Stadtholder was at the bottom of the matter. This suspicion prevailed more and more. Yet as he could not be impeached, and no regular examination took place, he remained in his office; and strengthening his own party, as the party opposed to him became formidable, he gave birth to the most violent animosities and contentions. Had he been impeachable, a regular and peaceable inquiry would have taken place, and he would, if guilty, have been duly punished,-if innocent, restored to the confidence of the public.

Mr. KING remarked, that the case of the Stadtholder was not applicable. He held his place for life, and was not periodically elected. In the former

case, impeachments are proper to secure good behaviour. In the latter, they are unnecessary; the periodical responsibility to the Electors being an equivalent security.

Mr. WILSON observed, that if the idea were to be pursued, the Senators who are to hold their places during the same term with the Executive, ought to be subject to impeachment and removal.

Mr. PINCKNEY apprehended that some gentlemen reasoned on a supposition that the Executive was to have powers which would not be committed to him. He presumed that his powers would be so circumscribed as to render impeachments unneces

sary.

Mr. GOUVERNEUR MORRIS's opinion had been changed by the arguments used in the discussion. He was now sensible of the necessity of impeachments, if the Executive was to continue for any length of time in office. Our Executive was not like a magistrate having a life interest, much less, like one having an hereditary interest, in his office. He may be bribed by a greater interest to betray his trust; and no one would say that we ought to expose ourselves to the danger of seeing the First Magistrate in foreign pay, without being able to guard against it by displacing him. One would think the King of England well secured against bribery. He has, as it were, a fee simple in the whole Kingdom. Yet Charles II. was bribed by Louis XIV. The Executive ought, therefore, to be impeachable for treachery. Corrupting his Electors, and incapacity, were other causes of impeachment. For the latter he should be punished, not as a man, but as an officer, and punished on

ly by degradation from his office. This Magistrate is not the King, but the prime minister. The people are the King. When we make him amenable to justice, however, we should take care to provide some mode that will not make him dependent on the Legislature.

It was moved and seconded to postpone the question of impeachments; which was negatived, Massachusetts and South Carolina, only, being aye.

On the question, Shall the Executive be removable on impeachments, &c. ?-Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Georgia, aye-8; Massachusetts, South Carolina, no-2.

"The Executive to receive fixed compensation," agreed to, nem. con.

"To be paid out of the National Treasury,"agreed to, New Jersey only in the negative.

Mr. GERRY and Mr. GOUVERNEUR MORRIS moved, "that the Electors of the Executive shall not be members of the National Legislature, nor officers of the United States, nor shall the Electors themselves be eligible to the supreme magistracy." Agreed to,

nem. con.

Doctor MCCLURG asked, whether it would not be necessary, before a committee for detailing the Constitution should be appointed, to determine on the means by which the Executive is to carry the laws into effect, and to resist combinations against them. Is he to have a military force for the purpose, or to have the command of the Militia, the only existing force that can be applied to that use? As the Res

olutions now stand, the Committee will have no determinate directions on this great point.

Mr. WILSON thought that some additional directions to the Committee would be necessary.

Mr. KING. The Committee are to provide for the end. Their discretionary power to provide for the means is involved, according to an established axiom.

Adjourned.

SATURDAY, JULY 21ST.

In Convention,-Mr. WILLIAMSON moved, "that the Electors of the Executive should be paid out of the National Treasury for the service to be performed by them." Justice required this, as it was a national service they were to render. The motion was agreed to, nem. con.

Mr. WILSON moved, as an amendment to the tenth Resolution, "that the Supreme National Judiciary should be associated with the Executive in the revisionary power." This proposition had been before made and failed; but he was so confirmed by reflection in the opinion of its utility, that he thought it incumbent on him to make another effort. The Judiciary ought to have an opportunity of remonstrating against projected encroachments on the people as well as on themselves. It had been said, that the Judges, as expositors of the laws, would have an opportunity of defending their constitutional rights. There was weight in this observation; but this power of the Judges did not go far enough. Laws VOL. I.--73*