The clause next considered related to the mode of appointing the Executive & the term of it" stricken out] [The paragraphs beginning, "In consequence of", and, "The next clause", respectively, are written upon a slip of paper which was pasted over the two paragraphs just preceding, beginning, In consequence of the motion of Mr. Pinkney, the question on Mr. Madison's motion was divided; by the votes of Connecticut. N. Y. N. J. Pena. Del. N. C. & Geo: agst. Mass. Virga, & S. Carolina and the words objected to by Mr. Pinkney struck out; the preceding part of the motion being first 'A' agreed to: Connecticut divided, all the other States ["ag" stricken out] in the affirmative. The next clause in Resolution 7, relating to the mode of appointing, & the duration of, the Exec- respectively, "The utive being under consideration, shewed 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 & Massts 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 ["wh" stricken out] merits have general notoriety. M: 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 Legislative, 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. for Mr Sherman was three years, and agst the doctrine of rota Λ tion as throwing out of office the men best qualified to execute its duties. motion was", and, "The clause next", after these two paragraphs had been stricken out.] 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-appoint ment. on it A Mr Bedford 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 for such ["a" stricken out] period [“on it after" stricken out] 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, Mass's dividd Con! no. N. Y. ay. N. J. ay. Virga ay. N. C. no. S. C. no. Georg. no. Del. ay. Pen ay. There being 5. ays, 4 noes, 1 div a question was asked the whether a majority had voted in affirmative? The President Λ decided that it was an affirmative vote. The mode of appointing the Executive was the next question. not only A Mr Wilson renewed his declarations in favor of an appointment by the people. He wished to derive both branches of the Legislature from the people, without the intervention of the State Legislatures in order to make them as independent but the Executive also; of each other, as well as of the States; as possible Λ Col. Mason favors the idea, but thinks it impracticable. He son wishes however that M Wil. might have time to digest it A into his own form.-the clause "to be chosen by the National Legislature". accordingly postponed.— -was M Rutlidge suggests an election of the Executive by the second branch only of the national Legislature the A respecting in order It was moyd, & 2ded, to postpone ye Resol: of Mr. Randolph [“as to" stricken out] the Executive, was The mode of appointg ye Executive resumed. ¶. M' Wilson made the following motion, to be substituted for the mode proposed by Mr. Ran dolph's resolution. [illegible word stricken out] "that the Executive Magis elected tracy shall be [“chosen" stricken out] in the following man That A ner: the States ["shall" stricken out] be divided into & that to vote in each districts: the persons qualified ["within said" stricken out district [“to vote" stricken out] for members of the first branch of the national Legislature ["shall" stricken out] elect members for their respective districts to be electors of the Executive ["magistrate or" stricken out] magistracy. that the said Electors of the Executive ["magistracy or" and they or any [“magistrate or" stricken out] stricken out] magistracy meet at of them so met shall proceed to elect by ballot, but not out of their own body tive authority of the national person in whom the Execu * William Sam'. Johnson, from Connecticut, Daniel of St. Thomas Jennifer, from Maryld-& Government shall be vested." John Lansing Jr. from N. York, took their seats Mr Wilson repeated his arguments in favor of an election without the intervention of the States. He supposed too that this mode ["with" stricken out] would produce more confidence among the people in the first magistrate, than an election by the national Legislature. votes M G["h" stricken out]erry, opposed the election by the national legislature. There would be a constant intrigue kept up for the appointment. The Legislature & the candidates w bargain & play into one another's hands. 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 M 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 ["leaving them" stricken out] such might be requisite for as A not out] for waiting till He seemed to prefer the taking the suffrages of the States instead of Electors, or letting the Legislatures nominate, and the electors appoint. He the A was not clear that the people ought to act directly even in choice of electors, being too little informed of personal characters in large districts, and liable to deceptions. Mr Williamson could see no advantage in the introduction of Electors chosen by the people who who would stand in the same relation to them as the State Legislatures, whilst the expedient would be attended with great trouble and expense. On the question for agreeing to M Wilson's ["prop" stricken out] Mass no. Con no. N. Y. no. Pa ay. Del. no. Mar ay. Virga no. N. C. no. S. C. no. Geo? no. Ра substitute, it was negatived: A *N. Y. in the printed Journal-‘divided', On the question for electing Executive by national Legislature, Mass's ay. Cont ay. N. Y. ay. Pen no. Del. ay. Mary for the term of seven years, it was agreed to their ["Doc! Franklyn moved that what related to the compensation of the Executive for services should be struck out, and that it be declared, that it should receive it reasonable expenses should be defrayed; but that they should receive no salary, stipend, fee or reward whatsoever for their services. He said that being very sensible of the effect of age on his memory, he had been unwilling to trust to that for the observations which seemed to support his motion, and had reduced them to writing, that he might with the permission of the Committee, read instead of speaking them. M Wilson read the paper for him. The following is a literal copy of it." stricken out.] Doc! Franklin moved that what related to the compensation for the services of the Executive be postponed, in order to substitute—“whose necessary expenses shall be defrayed, but who shall receive no salary, stipend fee or reward whatsoever for their services"-He said that being very sensible of the effect of age on his memory, he had been unwilling to trust to that for the observations which seemed to support his motion, and had reduced them to writing, that he might with the permission of the Committee, read instead of speaking them. M Wilson made an offer ["to the Doc!" stricken out] to read the paper, which was accepted The following is a literal copy of the paper. Sir. It is with reluctance that I rise to express a disapprobation of any one article of the plan for which we are so much obliged to the honorable gentleman who laid it before us. |