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

2 New York, in the printed Journal, divided. — Madison's Note.

3 "Mr. Dickinson has been famed through all America for his Farmers Letters; he is a Scholar, and said to be a Man of very extensive information. When I saw him in the Convention I was induced to pay the greatest attention to him whenever he spoke. I had often heard that he was a great Orator, but I found him an indifferent Speaker. With an affected air of wisdom he labors to produce a trifle, — his language is irregular and incorrect, — his flourishes, (for he sometimes attempts them,) are like expiring flames, they just shew themselves and go out; — no traces of them are left on the mind to chear or animate it. He is, however, a good writer and will be ever considered one of the most important characters in the United States. He is about 55 years old, and was bred a Quaker." — Pierce's Notes, Am. Hist. Rev., iii., 329.

4 According to Pierce: "Mr. Madison said it was far from being his wish that every executive Officer should remain in Office, without being amenable to some Body for his conduct." — Pierce's Notes, Am. Hist. Rev., iii., 321.

5 In printed Journal Geo. ay. — Madison's Note.

6 "Mr. Davey is a Lawyer of some eminence in his State. He is said to have a good classical education, and is a Gentleman of considerable literary talents. He was silent in the Convention, but his opinion was always respected. Mr. Davy is about 30 years of age." — Pierce's Notes, Am. Hist. Rev., iii., 332.

      Monday June 4. In Committee of the Whole

       Table of Contents

      The Question was resumed on motion of Mr. Pinkney, seconded by Mr. Wilson, "shall the blank for the number of the Executive be filled with a single person?"

Mr. Wilson was in favor of the motion. It had been opposed by the gentleman from Virginia (Mr. Randolph) but the arguments used had not convinced him. He observed that the objections of Mr. R. were levelled not so much against the measure itself, as against its unpopularity. If he could suppose that it would occasion a rejection of the plan of which it should form a part, though the part were an important one, yet he would give it up rather than lose the whole. On examination he could see no evidence of the alledged antipathy of the people. On the contrary he was persuaded that it does not exist. All know that a single magistrate is not a King. One fact has great weight with him. All the 13 States tho agreeing in scarce any other instance, agree in placing a single magistrate at the head of the Government. The idea of three heads has taken place in none. The degree of power is indeed different; but there are no co-ordinate heads. In addition to his former reasons for preferring a Unity, he would mention another. The tranquillity not less than the vigor of the Government he thought would be favored by it. Among three equal members, he foresaw nothing but uncontrouled, continued, & violent animosities; which would not only interrupt the public administration; but diffuse their poison thro' the other branches of Government, thro' the States, and at length thro' the people at large. If the members were to be unequal in power the principle of opposition to the Unity was given up. If equal, the making them an odd number would not be a remedy. In Courts of Justice there are two sides only to a question. In the Legislative & Executive departments questions have commonly many sides. Each member therefore might espouse a separate one & no two agree.1

      Mr. Sherman. This matter is of great importance and ought to be well considered before it is determined. Mr. Wilson he said had observed that in each State a single magistrate was placed at the head of the Government. It was so he admitted, and properly so, and he wished the same policy to prevail in the federal Government. But then it should be also remarked that in all the States there was a Council of advice, without which the first magistrate could not act. A council he thought necessary to make the establishment acceptable to the people. Even in G. B. the King has a Council; and though he appoints it himself, its advice has its weight with him, and attracts the Confidence of the people.

      Mr. Williamson asks Mr. Wilson whether he means to annex a Council.

      Mr. Wilson means to have no Council, which oftener serves to cover, than prevent malpractices.

      Mr. Gerry was at a loss to discover the policy of three members for the Executive. It would be extremely inconvenient in many instances, particularly in military matters, whether relating to the militia, an army, or a navy. It would be a general with three heads.

      On the question for a single Executive it was agreed to Massachusetts ay. Connecticut ay. N. Y. no. Pennsylvania ay. Del. no. Maryland no. Virginia ay. (Mr. R. & Mr. Blair no — Doctor McCg Mr. M. & Gen. W. ay. Col. Mason being no, but not in the house, Mr. Wythe ay. but gone home). N. C. ay. S. C. ay. Georgia ay.

      First Clause of Proposition 8th relating to a Council of Revision taken into consideration.

      Mr. Gerry doubts whether the Judiciary ought to form a part of it, as they will have a sufficient check against encroachments on their own department by their exposition of the laws, which involved a power of deciding on their Constitutionality. In some States the Judges had actually set aside laws as being against the Constitution. This was done too with general approbation. It was quite foreign from the nature of the office to make them judges of the policy of public measures. He moves to postpone the clause in order to propose "that the National Executive shall have a right to negative any Legislative act which shall not be afterwards passed by — — parts of each branch of the national Legislature."

      Mr. King seconds the motion, observing that the Judges ought to be able to expound the law as it should come before them, free from the bias of having participated in its formation.

      Mr. Wilson thinks neither the original proposition nor the amendment goes far enough. If the Legislative Exetv & Judiciary ought to be distinct & independent, The Executive ought to have an absolute negative. Without such a self-defence the Legislature can at any moment sink it into non-existence. He was for varying the proposition in such a manner as to give the Executive & Judiciary jointly an absolute negative.

      On the question to postpone in order to take Mr. Gerry's proposition into consideration it was agreed to, Massachusettss ay. Connecticut no. N. Y. ay. Pennsylvania ay. Del. no. Maryland no. Virginia no. N. C ay. S. C. ay. Georgia ay.

      Mr. Gerry's proposition being now before Committee, Mr. Wilson & Mr. Hamilton move that the last part of it be struck out, so as to give the Executive an absolute negative on the laws. There was no danger they thought of such a power being too much exercised. It was mentioned by Col: Hamilton that the King of G. B. had not exerted his negative since the Revolution.

      Mr. Gerry sees no necessity for so great a controul over the legislature as the best men in the Community would be comprised in the two branches of it.

      Doctor Franklin, said he was sorry to differ from his colleague for whom he had a very great respect, on any occasion, but he could not help it on this. He had had some experience of this check in the Executive on the Legislature, under the proprietary Government of Pennsylvania. The negative of the Governor was constantly made use of to extort money. No good law whatever could be passed without a private bargain with him. An increase of his salary, or some donation, was always made a condition; till at last it became the regular practice, to have orders in his favor on the Treasury, presented along with the bills to be signed, so that he might actually receive the former before he should sign the latter. When the Indians were scalping the western people, and notice of it arrived, the concurrence of the Governor in the means of self-defence could not be got, till it was agreed that his Estate should be exempted from taxation: so that the people were to fight for the security of his property, whilst he was to bear no share of the burden.