"Madison—The judiciary ought to be introduced in the business of Legislation—they will protect their department, and united with the Executive make its negatives more strong. There is weight in the objections to this measure—but a check on the Legislature is necessary, Experience proves it to be so, and teaches us that what has been thought a calumny on a republican Govt. is nevertheless true—In all Countries are diversity of Interests, the Rich & the Poor, the Dr. & Cr., the followers of different Demagogues, the Diversity of religious Sects—the Effects of these Divisions in Ancient Govts. are well known, and the like causes will now produce like effects. We must therefore introduce in our system Provisions against the measures of an interested majority—a check is not only necessary to protect the Executive power, but the minority in the Legislature. The independence of the Executive, having the Eyes of all upon him will make him an impartial judge—add the Judiciary, and you greatly increase his respectability."
After the motion: "Dickinson opposed—You shd. separate the Departments—you have given the Executive a share in Legislation; and it is asked why not give a share to the judicial power. Because the Judges are to interpret the Laws, and therefore shd. have no share in making them—not so with the Executive whose causing the Laws to be Executed is a ministerial office only. Besides we have experienced in the Br. Constitution which confers the Power of a negative on the Executive."—King's Life and Correspondence of Rufus King, i., 592.
An Objection of order being taken by Mr Hamilton to the introduction of the last amendment at this time, notice was given by Mr W. & Mr M., that the same wd be moved to-morrow,—whereupon Wednesday (the day after) was assigned to reconsider the amendment of Mr Gerry.
It was then moved & 2ded to proceed to the consideration of the 9th resolution submitted by Mr Randolph—when on motion to agree to the first clause namely "Resolved, that a National Judiciary be established," It passed in the affirmative nem. con.
It was then moved & 2ded to add these words to the first clause of the ninth resolution namely—"to consist of one supreme tribunal, and of one or more inferior tribunals," which passed in the affirmative.
The Comme then rose and the House Adjourned.
Tuesday June 5. In Committee of the whole
Governor Livingston from New Jersey, took his seat.
The words, "one or more" were struck out before "inferior tribunals" as an amendment to the last clause of Resoln 9th. The Clause—"that the National Judiciary be chosen by the National Legislature," being under consideration.
Mr Wilson opposed the appointmt of Judges by the National Legisl: Experience shewed the impropriety of such appointmts by numerous bodies. Intrigue, partiality, and concealment were the necessary consequences. A principal reason for unity in the Executive was that officers might be appointed by a single, responsible person.