Mr. PINCKNEY was for placing the appointment in the second branch exclusively. The executive will possess neither the requisite knowledge of characters, nor confidence of the people for so high a trust.
Mr. RANDOLPH would have preferred the mode of appointment proposed formerly by Mr. Gorham, as adopted in the constitution of Massachusetts, but thought the motion depending so great an improvement of the clause, as it stands, that he anxiously wished it success. He laid great stress on the responsibility of the executive, as a security for fit appointments. Appointments by the legislatures have generally resulted from cabal, from personal regard, or some other consideration than a title derived from the proper qualifications. The same inconveniences will proportionally prevail, if the appointments be referred to either branch of the legislature, or to any other authority administered by a number of individuals.
Mr. ELLSWORTH would prefer a negative in the executive on a nomination by the second branch, the negative to be overruled by a concurrence of two thirds of the second branch, to the mode proposed by the motion, but preferred an absolute appointment by the second branch to either. The executive will be regarded by the people with a jealous eye. Every power for augmenting unnecessarily his influence will be disliked. As he will be stationary, it was not to be supposed he could have a better knowledge of characters He will be more open to caresses and intrigues than the Senate The right to supersede his nomination will be ideal only. A nomination under such circumstances will be equivalent to an appointment.
Mr. GOUVERNEUR MORRIS supported the motion. First, the states, in their corporate capacity, will frequently have an interest staked on the determination of the judges. As in the Senate the states are to vote, the judges ought not to be appointed by the Senate. Next to the impropriety of being judge in one's own cause, is the appointment of the judge. Secondly, it had been said the executive would be uninformed of characters. The reverse was the truth. The Senate will be so. They must take the character of candidates from the flattering pictures drawn by their friends. The executive, in the necessary intercourse with every part of the United States, required by the nature of his administration, will or may have the best possible information. Thirdly, it had been said that a jealousy would be entertained of the executive. If the executive can be safely trusted with the command of the army, there cannot surely be any reasonable ground of jealousy in the present case. He added that, if the objections against an appointment of the executive by the legislature had the weight that had been allowed, there must be some weight in the objection to an appointment of the judges by the legislature, or by any part of it.
Mr. GERRY. The appointment of the judges, like every other part of the Constitution, should be so modelled as to give satisfaction
