RECORDS OF THE FEDERAL CONVENTION 4I ?ednesday MADISON J?ly Va. ay. N. C. ay. S. C ay. Geo absent. [Ayes -- 8; noes -- o; absent -- 2.] The residue of Resol. 9. concerning the Executive was postpd. till tomorrow. 4 Resol. Is. that Executive shl. have a right to negative legislative acts not afterwards passed by } of each branch. Agreed to nem. con. 5 Resol. I x. "that a Natl. Judiciary be estabd. to consist of one supreme {ribunal." agd. to nem. con. "The Judges of which to be appoint& by the 2d. branch of the Natl. Legislature." Mr. Ghorum, wd. prefer an appointment by the 2d branch to an appointmt. by the whole Legislature; but he thought even that branch too numerous, and too little personally responsible, to ensure a good choice. He suggested that the Judges be appointed by the Execuve. with the advice & consent of the zd branch, in the mode prescribed by the con- stitution of Masts. This mode had been long practised in that country, & was found to answer perfectly well. Mr. Wilson, still wd. prefer an an appointrot. by the Execu- tive; but if that could not be attained, wd. prefer in the next place, the mode suggested by Mr. Ghorum. He thought it his duty however to move in the first instance "that the Judges be appointed by the Executive." Mr. Govr. Morris zded. the motion. Mr. L. Martin was strenuous for an appt. by the ed. branch. Being taken from all the States it wd. be best informed of characters & most capable of making a fit choice. Mr. Sherman concurred in the observations of Mr. Martin, adding that the Judges ought to be diffused, which would be more likely to be attended to by the 2d. branch, than by the Executive. Mr Mason. The mode of appointing the Judges may 4Madison originally added "nem con. '? but apparently ? view of Vote I74. printed in Journal struck this out.
- Madison is evidently wrong in stating that Remlution Is was "agreed to nero.
con." According to the Journal it was postpont& It was passed July zI (see Records of that date).
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