80 RECORDS OF THE FEDERAL CONVENTION Saturday MADISON J?l? 2r itself with the exposition, the evil would be overbalanced by the advantages promised by the expedient. To the ed. objec- tion, that such a rule o? voting might be provided in the detail as would guard agst. it. ' Mr. Rutlidge thought the Judges of all men the most unfit to be concerned in the revisionary Council. The Judges ought never to give their opinion on a law till it comes before them. He thought it equally unnecessary. The Executive could advise with the officers of State, as of war, finance &c. and avail himself of their information and opinions. On Question on Mr. Wilson's motion for joining the Judi- ciary in the Revision of laws ? {it passed in the negative)- Mas. no. Cont. ay. N.J. not present. Pa. divd. Del. no. Md. ay. Va. ay. N. C. no. S.C. no. Geo. divd. [Ayes- 3; noes -- 4; divided -- 2.] (Resol: ?o giving the Ex. a qualified veto) without the amendmt. was then agd. to nero. con. The motion made by Mr. <Madison) July !8. & then post- poned, "that the Judges shd. be nominated by the Ex- ecutive & such nominations become appointments unless disagreed to by ] of the 2d. branch of the Legislature," was now resumed. Mr. Madison stated as his reasons for the motion. I that it secured the responsibility of the Executive who would in general be more capable & likely to select fit characters than the Legislature, or even the 2d. b. of it, who might hide their selfish motives under the number concerned in the appoint- ment- �that in case of any flagrant partiality or error, in the nomination, it might be fairly presumed that ] of the 2d. branch would join in putting a negative on it. 3. that as the 2d. b. was very differently constituted when the appointment of the Judges was formerly referred to it, and was now to be composed of equal votes from all the States, the principle of compromise which had prevailed in other instances required in this that their shd. be a concurrence of two authorities, in one of which the people, in the other the states, should be See further Appendix A, CCLXXXVII, CCCXXI.
�
