Mr Pinkney moved to postpone the Report of the Committee of Eleven (see Sepr 1.) in order to take up the following,
"The members of each House shall be incapable of holding any office under the U. S. for which they or any other for their benefit, receive any salary, fees or emoluments of any kind, and the acceptance of such office shall vacate their seats respectively." He was strenuously opposed to an ineligibility of members to office, and therefore wished to restrain the proposition to a mere incompatibility. He considered the eligibility of members of the Legislature to the honourable offices of Government, as resembling the policy of the Romans, in making the temple of virtue the road to the temple of fame.
On this question
N. H. no. Mas. no. Ct no. N. J. no. Pa ay. Md no. Va no. N. C. ay. S. C. no. Geo. no.
Mr King moved to insert the word "created" before the word "during" in the Report of the Committee. This he said would exclude the members of the first Legislature under the Constitution, as most of the offices wd then be created.
Mr Williamson 2ded the motion. He did not see why members of the Legislature should be ineligible to vacancies happening during the term of their election.
Mr Sherman was for entirely incapacitating members of the Legislature. He thought their eligibility to offices would give too much influence to the Executive. He said the incapacity ought at least to be extended to cases where salaries should be increased, as well as created, during the term of the member. He mentioned also the expedient by which the restriction could be evaded to wit: an existing officer might be translated to an office created, and a member of the Legislature be then put into the office vacated.
Mr Govr Morris contended that the eligibility of members to office wd lessen the influence of the Executive. If they cannot be appointed themselves, the Executive will appoint their relations & friends, retaining the service & votes of the members for his purposes in the Legislature. Whereas the appointment of the members deprives him of such an advantage.
Mr Gerry, thought the eligibility of members would have the effect of opening batteries agst good officers, in order to drive them out & make way for members of the Legislature.
Mr Gorham was in favor of the amendment. Without it we go further than has been done in any of the States, or indeed any other Country. The experience of the State Governments where there was no such ineligibility, proved that it was not necessary; on the contrary that the eligibility was among the inducements for fit men to enter into the Legislative service.