Page:The Records of the Federal Convention of 1787 Volume 2.djvu/556

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550 RECORDS OF THE FEDERAL CONVENTION Saturday MADISON September 8 be made wltht previous notice to the members? & a reasonable time for their attending." On the Question All the States no, except NI--C--S. C. & Geo. a�. On a question on clause of the Report of the Come. of Eleven relating to Treaties by ? of the Senate. All the States (were) ay- except Pa N.J. & Geo. no. Mr. Gerry movd. that no officer shall be appd but to offices created by the Constitution or by law."--This was rejected as unnecessary by six no's and five ays; (The Ayes. Mss. Ct. N.J. N. C. Geo.- Noes-- N.H. Pa.: Del. Md Va. S.C.) s [Ayes -- 5; noes -- 6.] The clause referring to the Senate, the trial of impeachments agst. the President, for Treason & bribery, was taken up. 6 Col. Mason. Why is the provision restrained to Treason & bribery only? Treason as defined in the Constitution will not reach many great and dangerous offences. Hastings is not guilty of Treason. Attempts to subvert the Constitution may not be Treason as above defined-- As bills of attainder which have saved the British Constitution are forbidden, it is the more necessary to extend: the power of impeachments. He movd. to add after C'bribery" "or maladministration". Mr. Gerry seconded him-- Mr Madison So vague a term will be equivalent to a ten- ure during pleasure of the Senate. Mr Govr Morris, it will not be put in force & can do no harm-- An election of every four years will prevent malad- ministration. Col. Mason withdrew "maladministration" & substitutes "other high crimes & misdemeanors" (agst. the State")* On the question thus altered N. H-- ay. Mss. ay-- Ct. ay. (N.J. no) Pa no. Del. no. Md ay. Va. ay. N. C. ay. S.C. ay.* Geo. ay. [Ayes--8; noes -- 3-1

  • (In the printed Journal. S. Carolina -- no.?

Taken from Journal. See Appendix A, CXLIX, CLVIII (81-82),CLXX, CCCVI, CCCXCIL Revised ?rom Journal.