The Ayes. Mass. Ct N. J. N. C. Geo.–Noes. N. H. Pa Del. Md Va S. C.
The clause referring to the Senate, the trial of impeachments agst the President, for Treason & bribery, was taken up.
Col. Mason. Why is the provision restrained to Treason & bribery only? Treason as defined in the Constitution will not reach many great and dangerous offences. Hastings is not guilty of Treason. Attempts to subvert the Constitution may not be Treason as above defined. As bills of attainder which have saved the British Constitution are forbidden, it is the more necessary to extend the power of impeachments. He movd to add, after "bribery" "or maladministration." Mr Gerry seconded him.
Mr Madison. so vague a term will be equivalent to a tenure during pleasure of the Senate.
Mr Govr Morris, it will not be put in force & can do no harm. An election of every four years will prevent maladministration.
Col. Mason withdrew "maladministration" & substitutes "other high crimes & misdemesnors agst the State."
On the question thus altered
N. H. ay. Mass. ay. Ct ay. N. J. no. Pa no. Del. no. Md ay. Va ay. N. C. ay. S. C. ay. [62] Geo. ay.
[ [62] In the printed Journal, S. Carolina, no.–Madison's Note.
Mr Madison objected to a trial of the President by the Senate, especially as he was to be impeached by the other branch of the Legislature, and for any act which might be called a misdemesnor. The President under these circumstances was made improperly dependent. He would prefer the Supreme Court for the trial of impeachments, or rather a tribunal of which that should form a part.