The Great Debate That Made the U.S. Constitution. Madison James

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 "Mr. Bedford was educated for the Bar, and in his profession I am told, has merit. He is a bold and nervous Speaker, and has a very commanding and striking manner; — but he is warm and impetuous in his temper, and precipitate in his judgment. Mr. Bedford is about 32 years old, and very corpulent." — Pierce's Notes, Am. Hist. Rev., iii., 330.

      Saturday June 2d in Committee of Whole

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      William Samuel Johnson from Connecticut, Daniel of St. Thomas Jenifer, from Maryland, & John Lansing Jr. from N. York, took their seats.

      It was moved & seconded to postpone the Resol: of Mr. Randolph respecting the Executive, in order to take up the 2d branch of the Legislature; which being negatived by Mas: Con: Del: Virg: N. C. S. C. Geo: against N. Y. Pennsylvania Maryland. The mode of appointing the Executive was resumed.

      Mr. Wilson made the following motion, to be substituted for the mode proposed by Mr. Randolph's resolution, "that the Executive Magistracy shall be elected in the following manner: That the States be divided into — — districts: & that the persons qualified to vote in each district for members of the first branch of the national Legislature elect — — members for their respective districts to be electors of the Executive Magistracy, that the said Electors of the Executive magistracy meet at — — and they or any — — of them so met shall proceed to elect by ballot, but not out of their own body — — person — in whom the Executive authority of the national Government shall be vested."

      Mr. Wilson repeated his arguments in favor of an election without the intervention of the States. He supposed too that this mode would produce more confidence among the people in the first magistrate, than an election by the national Legislature.

      Mr. Gerry, opposed the election by the National legislature. There would be a constant intrigue kept up for the appointment. The Legislature & the candidates would bargain & play into one another's hands, votes would be given by the former under promises or expectations from the latter, of recompensing them by services to members of the Legislature or to their friends. He liked the principle of Mr. Wilson's motion, but fears it would alarm & give a handle to the State partizans, as tending to supersede altogether the State authorities. He thought the Community not yet ripe for stripping the States of their powers, even such as might not be requisite