lenity, than of too much rigor, towards the President, considering the number of cases in which the Senate was associated with the President.
Mr. SHERMAN regarded the Supreme Court as improper to try the President, because the judges would be appointed by him.
On motion by Mr. MADISON, to strike out the words "by the Senate," after the word "conviction,"—
Pennsylvania, Virginia, ay, 2; New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, North Carolina, South Carolina, Georgia, no, 9.
In the amendment of Col. Mason, just agreed to, the word "state" after the words "misdemeanors against," was struck out; and the words "United States" unanimously inserted, in order to remove ambiguity.
On the question to agree to the clause, as amended,—
New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, ay, 10; Pennsylvania, no, 1.
On motion, the following,—
"The Vice-President, and other civil officers of the United States, shall be removed from office on impeachment and conviction, as aforesaid,"—
was added to the clause on the subject of impeachments.
The clause of the report made on the 5th of September, and postponed, was taken up, to wit:—
"All bills for raising revenue shall originate in the House of Representatives, and shall be subject to alterations and amendments by the Senate. No money shall be drawn from the treasury but in consequence of appropriations made by law,"
It was moved to strike out the words "and shall be subject to alterations and amendments by the Senate;" and insert the words used in the constitution of Massachusetts on the same subject, viz., "but the Senate may propose or concur with amendments, as in other bills;" which was agreed to, nem. con.
On the question on the first part of the clause, "all bills for raising revenue shall originate in the House of Representatives,"[1]—
New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, ay, 9; Delaware, Maryland, no, 2.
Mr. GOUVERNEUR MORRIS moved to add to the third clause of the report made on the 4th of September, the words, "and every member shall be on oath;" which being agreed to, and a question taken on the clause so amended, viz.
"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, and every member shall be on oath,"—
New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, North Carolina, South Carolina, Georgia, ay, 9; Pennsylvania, Virginia, no, 2.
Mr. GERRY repeated his motion above made, on this day, in the form following:—
"The legislature shall have the sole right of establishing offices not heretofore provided for;"
which was again negatived,—Massachusetts, Connecticut, and
Georgia, only, being ay.
vol. v.6745
