Mr Mason was for seven years at least, and for prohibiting a re-eligibility as the best expedient both for preventing the effect of a false complaisance on the side of the Legislature towards unfit characters; and a temptation on the side of the Executive to intrigue with the Legislature for a re-appointment.
Mr Bedford[55] was strongly opposed to so long a term as seven years. He begged the Committee to consider what the situation of the Country would be, in case the first magistrate should be saddled on it for such a period and it should be found on trial that he did not possess the qualifications ascribed to him, or should lose them after his appointment. An impeachment he said would be no cure for this evil, as an impeachment would reach misfeasance only, not incapacity. He was for a triennial election, and for an ineligibility after a period of nine years.
[ [55] "Mr. Bedford was educated for the Bar, and in his profession I am told, has merit. He is a bold and nervous Speaker, and has a very commanding and striking manner;—but he is warm and impetuous in his temper, and precipitate in his judgment. Mr. Bedford is about 32 years old, and very corpulent."—Pierce's Notes, Am. Hist. Rev., iii., 330.
On the question for seven years,
Massts dividd. Cont no. N. Y. ay. N. J. ay. Pena ay. Del. ay. Virga ay. N. C. no. S. C. no. Geor. no.
There being 5 ays, 4 noes, & 1 divd, a question was asked whether a majority had voted in the Affirmative? The President decided that it was an affirmative vote.
The mode of appointing the Executive was the next question.
Mr Wilson renewed his declarations in favor of an appointment by the people. He wished to derive not only both branches of the Legislature from the people, without the intervention of the State Legislatures but the Executive also; in order to make them as independent as possible of each other, as well as of the States;
Col. Mason favors the idea, but thinks it impracticable. He wishes however that Mr Wilson might have time to digest it into his own form.—the clause, "to be chosen by the National Legislature"—was accordingly postponed.—
Mr Rutlidge suggests an election of the Executive by the second branch only of the national Legislature.