Mas. ay. Cont no. Pa ay. Del. no. Md no. Va no. N. C. no. S. C. no. Geo. absent.
Mr Ghorum moved "that the Judges be nominated and appointed by the Executive, by & with the advice & consent of the 2d branch & every such nomination shall be made at least —— days prior to such appointment." This mode he said had been ratified by the experience of a 140 years in Massachusts. If the appt should be left to either branch of the Legislature, it will be a mere piece of jobbing.
Mr Govr Morris 2ded & supported the motion.
Mr Sherman thought it less objectionable than an absolute appointment by the Executive; but disliked it, as too much fettering the Senate.
Question on Mr Ghorum's motion
Mas. ay. Cont no. Pa ay. Del. no. Md ay. Va ay. N. C. no. S. C. no. Geo. absent.
Mr Madison moved that the Judges should be nominated by the Executive & such nomination should become an appointment if not disagreed to within —— days by 2/3 of the 2d branch.
Mr Govr Morris 2ded the motion. By com̃on consent the consideration of it was postponed till tomorrow.
"To hold their offices during good behavior" & "to receive fixed salaries" agreed to nem: con:.
"In which (salaries of Judges) no increase or diminution shall be made so as to affect the persons at the time in office."