Sunday, June 05, 2011

Journal of the Federal Convention June 5th 1787

Journal of the Federal Convention June 5th 1787:

"Docr. FRANKLIN observed that two modes of chusing the Judges had been mentioned, to wit, by the Legislature and by the Executive. He wished such other modes to be suggested as might occur to other gentlemen; it being a point of great moment. He would mention one which he had understood was practiced in Scotland. He then in a brief and entertaining manner related a Scotch mode, in which the nomination proceeded from the Lawyers, who always selected the ablest of the profession in order to get rid of them, and share their practices among themselves.

It was in the interest of the electors to make the best choice, which should always be made the case if possible.

Mr. MADISON disliked the election of the Judges by the Legislature or any numerous body. Besides, the danger of intrigue and partiality, many of the members were not judges of the requisite qualifications. The Legislative talents which were very different"

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