The proposition, however, conferring this power on the national legistature, was finally rejected, seven states against three.* The organization of a supreme executive presented many dif ficulties, arising not merely from the nature of the subject, but from the complicated system of the government. The mode of choice, and whether to consist of one or more persons, the time for which the executive should be chosen, whether re-eligible, and the powers to be granted to the person or persons, who should administer the government, were questions of new impression, and which the members of the convention found it extremely dif ficult to settle in a manner satisfactory even to themselves. After much deliberation, on the 26th of July, a majority of the states, being six against three and one divided, agreed to the following plan-that a national executive be instituted

To consist of a single person;

To be chosen by the national legislature;

For the term of seven years;

To be ineligible a second time;

With power to carry into execution the national laws;

To appoint to offices in cases not otherwise provided for ; To be removeable on impeachment and conviction of malpractice or neglect of duty;

To receive a fixed compensation for the devotion of his time to public service;

To be paid out of the public treasury.†

This plan was referred to the committee appointed to prepare the constitution, and was incorporated in the first draft reported by them.

This important subject remained undecided until the 31st of August, when it was referred to a committee of one from each

*The states in favor of it, were Massachusetts, Virginia, and North Carolina--those against it, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, South Carolina, and Georgia.-Journals of the Convention, p. 183.

On the question of agreeing to this plan, New Hampshire, Connecticut, New Jersey, North Carolina, South Carolina, and Georgia, were in the affirmative---Pennsylvania, Delaware, and Maryland, in the negative---and Virginia was divided.

state; and on the 4th of September, the committee reported an entire new plan, which, after some amendments, was adopted. It provided that the executive power should be vested in a president of the United States, to hold his office for four years, and with the vice president, chosen for the same term, be elected as follows:

Each state to appoint, in such manner as the legislature thereof might direct, a number of electors equal to the whole number of senators and representatives to which the state might be entitled in congress, but no senator or representative or person holding any office of trust or profit under the United States, to be appointed an elector.

The electors to meet in their respective states, and vote by ballot for two persons, of whom one at least should not be an inhabitant of the same state with themselves. They were to make a list of all the persons voted for, and of the number of votes for each, which list they were to sign, certify and transmit sealed to the seat of the government of the United States, directed to the president of the senate-the president of the senate, in the presence of the senate and house of representatives, was to open all the certificates and the votes were then to be counted. The person having the greatest number of votes to be president, if such number should be a majority of the whole number of electors appointed; and if more than one have such majority, and have an equal number of votes, then the house of representatives were immediately to choose, by ballot, one of them for president; and if no person had a majority, then from the five highest on the list, the house were, in like manner, to choose the president. But in this choice, the votes were to be by states, the representatives from each state to have one vote-a quorum for this purpose to consist of a number of members from two thirds of the states, and a majority of all the states to be necessary to a choice. In every case, after the choice of the president, the person having the greatest number of the votes of the electers to be vice-president. But if there should be two or more who had an equal vote, the senate were to choose from them, by ballot, the vicepresident.

Congress were to determine the time of choosing the elec tors, and the day of giving in their votes, which was to be the same throughout the United States.

No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of the constitution was to be eligible to the office of president, nor was any person to be eligible, who had not attained to the age of thirty five years, and been fourteen years a resident in the United States.

In case of the removal of the president from office, or of his death, resignation, or inability to discharge his duties, the same was to devolve on the vice-president; and congress were to provide by law, for the case of removal, death, resignation, or inability both of the president and vice-president, declaring what officer should then act as president, and such officer was to act, until the disability should be removed, or a president be elected. The president was to receive a compensation, which was neither to be increased nor diminished, during the period of his election, nor was he to receive in that period any other emolument from the United States; or any of them. He was to take a solemn oath," to preserve, protect and defend the constitution of the United States," according to the best of his abilities.

He was to be commander in chief of the army and navy of the United States, and of the militia when called into the service of the union; and he might require the opinion in writing of the principal officers of each of the executive departments, upon any subject relating to the duties of their respective offices; and also could grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

He was likewise invested with power, by and with the advice and consent of the senate, to make treaties, provided two thirds of the senators present concurred; and he was to nominate, and by and with the advice and consent of the senate, appoint ambassadors, and other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments were not otherwise provided for by the constitution, and which should be established by law. But congress might by

law vest the appointment of such inferior officers, as they might think proper, in the president alone, in the courts of law, or in the heads of departments.

The president was to fill up all vacancies happening during the recess of the senate, by commissions, to expire at the end of their next session.

It was likewise made his duty to give to congress from time to time, information of the state of the union, and recommend to their consideration, such measures as he should judge necessary and expedient, and on extraordinary occasions to convene both houses or either of them, and in case of disagreement between them, as to the time of adjournment, to adjourn them-was to receive ambassadors and other public ministers—to take care that the laws be faithfully executed, and to commission all officers of the United States; and was liable to be removed from office, on impeachment for, and conviction of treason, bribery or other high crimes and misdemeanors.

The president had also a partial negative on all bills or resolutions of both houses of congress.

These were to be presented to him, after they had passed the house aud senate, for his approbation-if he approved, he was to sign them; if not, to return them, with his objections in writing, to the house in which they originated, and if not, on reconsideration, repassed by two thirds of both houses, were not to be laws or valid acts of congress.

Fewer obstacles presented in forming the third co-ordinate branch of the government, a national judiciary. This was to consist of a supreme court, and such inferior courts as congress should from time to time establish; all the judges to hold their offices during good behavior, and their compensation was not to be diminished during their continuance in office. The judicial power was to extend to all cases in law or equity, arising under the constitution, the laws of the United States, and treaties made, or which should be made under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which

the United States should be a party; to controversies between two or more states, between a state and citizens of another state, between citizens of different states, between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

In all cases affecting ambassadors, other public ministers and consuls, the supreme court had original jurisdiction, and in all other cases, appellate jurisdiction, as to law and fact, with such exceptions, and under such regulations as congress should make. The trial of all crimes, except in cases of impeachment, was to be by jury; and such trial was to be held in the state where the crimes were committed; but when not committed within any state, the trial to be at such place as congress should by law direct.

The convention thought proper to define treason in the constitution, and not leave it to legislative acts. They therefore declared that treason against the United States, should consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. And no person was to be convicted of this crime unless on the testimony of two witnesses to the same overt act, or on confession in open court.

The constitution also provided, that full faith and credit should be given in each state to the public acts, records and judicial proceedings of every other state-and congress were by general laws, to prescribe the manner in which such acts, records and judicial proceedings should be proved, and their effects. The citizens of each state were entitled to all the privileges and immunities of citizens of the several states; and fugitives from justice were to be delivered up, on demand of the executive authority of the state from which they fled-nor was any person held to service or labor in one state, under the laws of the same, escaping into another, to be discharged from such service, in consequence of any law of the state to which he had escaped, but was to be-delivered up, on claim of the party to whom such service might be due. And the United States guarantied to every state a repub