by the national legislature for the term of seven years, to be ineligible a second time, with power to carry into execution the national laws, to appoint to offices in cases not otherwise provided for, to be removable on impeachment and conviction of malpractice or neglect of duty, to receive a fixed compensation for the devotion of his time to the public service, to be paid out of the national treasury,"—
it passed in the affirmative.
New Hampshire, Connecticut, New Jersey, North Carolina, South Carolina, Georgia, ay, 6; Pennsylvania, Delaware, Maryland, no, 3; Massachusetts, not on the floor; Virginia, divided, (Mr. Blair and Col. Mason, ay; Gen. Washington and Mr. Madison, no; Mr. Randolph happened to be out of the House.)188
Mr. MASON moved,
"That the committee of detail be instructed to receive a clause, requiring certain qualifications of landed property, and citizenship of the United States, in members of the national legislature; and disqualifying persons having unsettled accounts with, or being indebted to, the United States, from being members of the national legislature."
He observed, that persons of the latter descriptions had frequently got into the state legislatures, in order to promote laws that might shelter their delinquencies; and that this evil had crept into Congress, if report was to be regarded.
Mr. PINCKNEY seconded the motion.
Mr. GOUVERNEUR MORRIS. If qualifications are proper, he would prefer them in the electors, rather than the elected. As to debtors of the United States, they are but few. As to persons having unsettled accounts, he believed them to be pretty many. He thought, however, that such a discrimination would be both odious and useless, and, in many instances, unjust and cruel. The delay of settlement had been more the fault of the public than of the individuals. What will be done with those patriotic citizens who have lent money, or services, or property, to their country, without having been yet able to obtain a liquidation of their claims? Are they to be excluded?
Mr. GORHAM was for leaving to the legislature the providing against such abuses as had been mentioned.
Col. MASON mentioned the parliamentary qualifications adopted in the reign of Queen Anne, which, he said, had met with universal approbation.
Mr. MADISON had witnessed the zeal of men, having accounts with the public, to get into the legislatures for sinister purposes. He thought, however, that, if any precaution were taken for excluding them, the one proposed by Col. Mason ought to be remodeled. It might be well to limit the exclusion to persons who had received money from the public, and had not accounted for it.
Mr. GOUVERNEUR MORRIS. It was a precept of great antiquity, as well as of high authority, that we should not be righteous overmuch. He thought we ought to be equally on our guard against being wise overmuch. The proposed regulation would enable the government to exclude particular persons from office as long as they pleased. He mentioned the case of the commander-in-chief's presenting his account for secret services, which, he said, was so moderate that every one was astonished at it, and so simple that no doubt could arise on it. Yet, had the auditor been disposed to delay the
