N. H. no. Mas. no. Ct no. N. J. no. Pa ay. Del. ay. Md ay. Va ay. N. C. ay. S. C. no. Geo. no.

Art. I. sect. 3. the words "by lot" [96] were struck out nem: con: on motion of Mr Madison, that some rule might prevail in the rotation that would prevent both the members from the same State from going out at the same time.

[ [96] "By lot" had been reinstated from the Report of five Aug. 6. as a correction of the printed report by the Come of stile & arrangement.–Madison's Note.

"Ex officio" struck out of the same section as superfluous; nem: con; and "or affirmation" after "oath" inserted also unanimously.

Mr Rutlidge and Mr Govr Morris moved "that persons impeached be suspended from their office until they be tried and acquitted."

Mr Madison. The President is made too dependent already on the Legislature by the power of one branch to try him in consequence of an impeachment by the other. This intermediate suspension, will put him in the power of one branch only. They can at any moment, in order to make way for the functions of another who will be more favorable to their views, vote a temporary removal of the existing magistrate.

Mr King concurred in the opposition to the amendment.

On the question to agree to it

N. H. no. Mas. no. Ct ay. N. J. no. Pa no. Del.no. Md no. Va no. N. C. no. S. C. ay. Geo. ay.

Art. I. sect. 4. "except as to the places of choosing Senators" was added nem: con: to the end of the first clause, in order to exempt the seats of Govt in the States from the power of Congress.