U.S. Constitution: Foundation & Evolution (Including the Biographies of the Founding Fathers). Madison James

Pinkney moved to amend the amendment by striking out the last member of it; viz: "and to execute such other powers not Legislative nor Judiciary in their nature as may from time to time be delegated." He said they were unnecessary, the object of them being included in the "power to carry into effect the national laws."

      Mr. Randolph seconded the motion.

      Mr. Madison did not know that the words were absolutely necessary, or even the preceding words, "to appoint to offices &c. the whole being perhaps included in the first member of the proposition. He did not however see any inconveniency in retaining them, and cases might happen in which they might serve to prevent doubts and misconstructions.

      In consequence of the motion of Mr. Pinkney, the question on Mr. Madison's motion was divided; and the words objected to by Mr. Pinkney struck out; by the votes of Connecticut, N. Y., N. J., Pennsylvania, Del., N. C., & Geo. against Mass., Virginia & S. Carolina the preceding part of the motion being first agreed to; Connecticut divided all the other States in the affirmative.

      The next clause in Resolution 7, relating to the mode of appointing, & the duration of, the Executive being under consideration,

      Mr. Wilson said he was almost unwilling to declare the mode which he wished to take place, being apprehensive that it might appear chimerical. He would say however at least that in theory he was for an election by the people. Experience, particularly in N. York & Massachusetts, shewed that an election of the first magistrate by the people at large, was both a convenient & successful mode. The objects of choice in such cases must be persons whose merits have general notoriety.

      Mr. Sherman was for the appointment by the Legislature, and for making him absolutely dependent on that body, as it was the will of that which was to be executed. An independence of the Executive on the supreme Legislature, was in his opinion the very essence of tyranny if there was any such thing.

      Mr. Wilson moves that the blank for the term of duration should be filled with three years, observing at the same time that he preferred this short period, on the supposition that a re-eligibility would be provided for.

      Mr. Pinkney moves for seven years.

      Mr. Sherman was for three years, and against the doctrine of rotation as throwing out of office the men best qualified to execute its duties.

      Mr. Mason was for seven years at least, and for prohibiting a re-eligibility as the best expedient both for preventing the effect of a false complaisance on the side of the Legislature towards unfit characters; and a temptation on the side of the Executive to intrigue with the Legislature for a re-appointment.

Mr. Bedford5 was strongly opposed to so long a term as seven years. He begged the Committee to consider what the situation of the Country would be, in case the first magistrate should be saddled on it for such a period and it should be found on trial that he did not possess the qualifications ascribed to him, or should lose them after his appointment. An impeachment he said would be no cure for this evil, as an impeachment would reach misfeasance only, not incapacity. He was for a triennial election, and for an ineligibility after a period of nine years.

      On the question for seven years,

      Massachusetts dividd. Connecticut no. N. Y. ay. N. J. ay. Pennsylvania ay. Del. ay. Virginia ay. N. C. no. S. C. no. Geor. no.

      There being 5 ays, 4 noes, & 1 divd, a question was asked whether a majority had voted in the Affirmative? The President decided that it was an affirmative vote.

      The mode of appointing the Executive was the next question.

      Mr. Wilson renewed his declarations in favor of an appointment by the people. He wished to derive not only both branches of the Legislature from the people, without the intervention of the State Legislatures but the Executive also; in order to make them as independent as possible of each other, as well as of the States;

      Col. Mason favors the idea, but thinks it impracticable. He wishes however that Mr. Wilson might have time to digest it into his own form. — the clause, "to be chosen by the National Legislature" — was accordingly postponed. —

      Mr. Rutlidge suggests an election of the Executive by the second branch only of the national Legislature.

      The Committee then rose and the House

      Adjourned.

1 "Doctor Franklin is well known to be the greatest phylosopher of the present age; — all the operations of nature he seems to understand, — the very heavens obey him, and the Clouds yield up their Lightning to be imprisoned in his rod. But what claim he has to the politician, posterity must determine. It is certain that he does not shine much in public Council, — he is no Speaker, nor does he seem to let politics engage his attention. He is, however, a most extraordinary Man, and he tells a story in a style more engaging than anything I ever heard. Let his Biographer finish his character. He is 82 years old, and possesses an activity of mind equal to a youth of 25 years of age." — Pierce's Notes, Amer. Hist. Rev., iii., 328.

2

      According to King, Madison followed Wilson: "Madison agreed with Wilson in the Definition of Executive power. Ex vi termini. Executive power does not include the Power of War and Peace. Executive Power shd. be limited and defined. If large, we shall have the Evils of Elective Monarchies. Perhaps the best plan will be a single Executive of long duration, with a Council and with Liberty to dissent on his personal Responsibility." — King's Life and Correspondence of Rufus King, i., 588.

      According to Pierce:

      "Mr. Madison was of opinion that an Executive formed of one Man would answer the purpose when aided by a Council, who should have the right to advise and record their proceedings, but not to control his authority." — Pierce's Notes, Am. Hist. Rev., iii., 320.

3

      King gives Gerry's remarks: "Gerry. I am in favor of a Council to advise the Executive: they will be organs of information respecting Persons qualified for various offices. Their opinions may be recorded, so as to be liable to be called to account & impeached — in this way, their Responsibility will be certain, and for misconduct their Punishment sure."

      Dickinson followed Gerry: "Dickinson. A limited yet vigorous Executive is not republican, but peculiar to monarchy — the royal Executive has vigour, not only by power, but by popular Attachment & Report — an Equivalent to popular Attachment may be derived from the Veto on the Legislative acts. We cannot have a limited monarchy — our condition does not permit it. Republics are in the beginning and for a time industrious, but they finally destroy themselves because they are badly constituted. I dread the consolidation of the States, & hope for a good national Govt. from the present Division of the States with a feeble Executive.

      "We are to have a Legislature of two branches, or two Legislatures, as the sovereign of the nation — this will work a change unless you provide that the judiciary shall aid and correct the Executive. The first Branch of the Legislature, the H. of Representatives, must be on another plan. The second Branch or Senate may be on the present scheme of representing the States — the Representatives to be apportioned according to the Quotas of the States paid into the general Treasury. The Executive to be removed from office by the national Legislature, on the Petition of seven States." — King's Life and Correspondence of Rufus King, i., 588 et seq.

4 Williamson followed Wilson, according to King: "Williamson — There is no true difference between an Executive composed of a single person, with a Council, and an Executive composed of three or more persons." — King's Life and Correspondence of Rufus King, i., 590.

5