5ZZ I{ECOKDS OF THE FEDERAL CONVENTION Thursday MADISON September 6 Mr. Gerry proposed, as the President was to be elected by the Senate out of the five highest candidates, that if he should not at the end of his term be re-elected by a majority of the Electors, and no other candidate should have a majority, the eventual election should be made by the Legislature- This he said would relieve the President from his particular dependence on the Senate for his continuance in office. Mr. King liked the idea, as calculated to satisfy particular members & promote unanimity; & as likely to operate but seldom. Mr Read opposed it, remarking that if individual members were to be indulged, alterations would be necessary to satisfy most of them-- Mr Williamson espoused it as a reasonable precaution against the undue influence of the Senate. Mr Sherman liked the arrangement as it stood, though he should not be averse to some amendments. He thought he said that if the Legislature were to have the eventual appoint- ment instead of the Senate, it ought to vote in the case by States, in favor of the shall States, as the large States would have so great an advantage in nominating the candidates-- Mr. Govr Morris thought favorably of Mr. Gerry's proposi- tion. It would free the President from being tempted in naming to Offices. to Conform to the will of the Senate, & thereby virtually give the appointments to office, to the Senate. Mr Wilson said that he had weighed carefully the report of the Committee for remodelling the constitution of the Executive; and on combining it with other parts of the plan, he was obliged to consider the whole as having a dangerous tendency to aristocracy; as throwing a dangerous power into the hands of the Senate, They will have in fact, the appoint- ment of the President, and through his dependence on them, the virtual appointment to offices; among others the offices of the Judiciary Department. They are to make Treaties; and they are to try all impeachments. In allowing them thus to make the Executive & Judiciary appointments, to be the Court of impeachments, and to make Treaties which are to be laws of the land, the Legislative, Executive & Judiciar 7
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