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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 honourable 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, aye—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 meniber 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 purposes 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. GÓRHAM was in favor of the amend ment. Without it, we go further 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 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.
Colonel 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, aye—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 word“ during,” in the Report of the Committee.
Mr. King seconded the motion, and on the question,
New Hampshire, Massachusetts, Pennsylvania, Virginia, North Carolina, aye—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."351
TUESDAY, SEPTEMBER 4TH.
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 thirty-first of August, report, that in their opinion the following additions and alterations should be made to the Report before the Convention, viz:*
“1. The first clause of Article 7, Section 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.
“2. At the end of the second clause of Article 7, Section 1, add, and with the Indian tribes.'
“3. In the place of the 9th Article, Section 1, to be inserted: The Senate of the United States shall have power to try all impeachments; but no person shall be convicted without the concurrence of two-thirds of the members present.'
“4. After the word 'Excellency,' in Section 1, Article 10, to be inserted : “He shall hold his office during the term of four years, and together with the Vice-President, chosen for the same term, be elected in the following manner, viz: Each State shall appoint, in such manner as its Legislature may direct, a number of Electors equal to the whole number of Senators and members of the House of Representatives to which the State may be entitled in the Legislature. The Electors shall meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves; and they shall make a list of all the persons voted for, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the seat of the General Government, directed to the President of the Senate. The President of the Senate shall in that House open all the certificates, and the votes shall be then and there counted. The person having the greatest number of votes shall be the President, if such number be a majority of that of the Electors; and if there be more than one who have such a majority, and have an equal number of votes, then the Senate shall immediately choose by ballot one of them for President; but if no person have a majority, then