These memoranda are contained on five slips of paper preserved by Madison with his Notes of the Debates, and are accordingly printed here in full. use of ["application of" stricken out] force, the more he doubted the containing it A practicability, the justice and the efficacy of ["this expedient" stricken out] when applied to ["collective" stricken out] people collectively and not individually.-, A Union of the States ["formed" stricken out] containing such an ingredient seemed to provide for its own destruction. The use of force agst a State, would look more like a declaration of war, than an infliction of punishment, and would probably be considered by the party attacked as [illegible word stricken out] a dissolution of all previous compacts by which it might be bound. He hoped that such a system would be framed as might render this recourse unnecessary, and moved that the clause ["might" stricken out] be postponed. ["till the contrary should be found on trial to be the case." stricken out] This motion was agreed to nem. con. The Committee then rose & the House Adjourned on the May 14, 1787 ["the day" stricken out] appointed for the meeting of ye Convention 7 ["formed 25. page 1 4. 28. ра. 4 to 10 29. pa. 10 to 38. pa. 38 30. to 47 31. States met notes of J. M. a quorum" stricken out] list of members assembled-G. Washington unanimously elected elected prest. Major Jackson Secy-credentials of deputies read. Commee appd to prepare rules. V Mr. Wythe from Other members attended- Commee reports rules-one of them rejected others adopted-note of J. M. on rule of voting. a letter from R. I. presented by G. Morris. other two additional members take their seats-[“addition_at" stricken out] rules the ["old system" stricken out] proposed his resolutions which were referred to & note &co on them-resolutions referred to same Comee 1. res. was on his motion postponed. Mr Sherman attended. In Comee of the whole-Mr R$ ["moved the postponeintroduced by him-the two first ment of his 1 resolution" stricken out] to consider three others asserting the the 3d inefficiency of the federal & the necessity for a national & supreme govt. The A latter after some discussion was resolved ["in Com Mr R's 20 res relating to the right of suffrage was debated occupied the rest of the day & was" stricken out] after debating the 2, res. on the right of suffrage it was postponedMr Pierce attended. The 3. res. dividing the Nat. Leg. into 2 branches agreed to without debate. The 1st clause of 4th res. referring the election of the first branch to the people debated and carried. 6 avs. 2 noes-2 divided. The other clauses postponed. The 5. Res. for Friday June 1st 1787. William Houston from Georgia took his Seat The Committee of the whole ["on M Randolph's proposi ["prop 7" stricken out] Resolution 7. tions" stricken out], proceeded to ["clause" stricken out] "that instituted, to be ["appointed" stricken out.] chosen Λ a national Executive be ["appointed" stricken out] by the national Legislature ["consisting of" stricken out] for the term of &c years to be ineligible thereafter, A to possess the executive powers of Congress &c "—["See Prop", 7. being taken up," stricken out] Mr Pinkney was for a vigorous Executive but was afraid the existing the Executive powers of Congress might extend to peace & war &c which would render the Executive a Monarchy, of the worst kind, towit an elective one. с so as to read "that a national Mr Wilson moved that the Executive consist of a single person. M Pinkney seconded the motion, A Ex. to consist of a single person, be instituted A considerable pause ensuing and the Chairman asking if he should put the question, Doc! Franklin observed that it after debate electing the 2d branch by the first from nominations of State Legislatures, & ["an" stricken out] proposed amendment to leave out the nomination, negatived. Mem. pa. 342. Mr Ms motion renewed from preceding day-no allusion to it on that nor 3 preceding days. pa. 350 quest. to agree to Mr Ms motion 2 ays 6 noes-still seems agreed to. But in the interval between the proposal of the Convention and the time of its meeting, such had been the advance of public opinion in the desired direction, stimulated as it had been by the effect of the contemplated ["meeting" stricken out] object of the meeting, in turning the general attention to the critical state of things, and in calling forth the sentiments and exertions of the most. scruple enlightened and influential patriots, that the Convention, thin as it was, did not ["hesitate" stricken out] to decline the limited task assigned to it, and to recommend to the States a Convention with powers adequate to the occasion: Nor had it been unnoticed that the commission of the New Jersey deputation had extended its object to a general provision for the exigencies of the Union. were left ["to" stricken out] as ["prov'ed" stricken out) Instead of the proposed negative the objects of it [“was left the provisions found" stricken out as finally [“made" stricken out] provided for in the Constitution. Λ "that he wished instead of them (partial Conventions) to see a General Convention take place, and that he should soon in pursuance of instructions from his Constituents, propose to Congress a plan for that purpose, the object would be to strenghen the Federal Constitution". Chasm from 1793 to 1798 for 98-except 1 of Der 11. 1798 for 99-except Aug. 28-Nov. 2. Nov. 3, for 1800 except June 18-Aug-Dec. 20th for 1801 exct. Jany. 10. Feby 28. Mar: 7. Apl. 22. Oct. 3. from 1801. to 1809-except Oct. 19. 1805 was a point of great importance and wished that the gentlemen would deliver their sentiments on it before the question was put. Mr Rutlidge animadverted on the shyness of gentlemen on this and other subjects. He said it looked as if they supposed themselves precluded by having frankly disclosed their opinions from afterwards changing them, which he did not take to be at all the case. He said he was for vesting the Executive ["the Ex" stricken out] power in a single person, tho' he was not for giving him ["that" stricken out] of war and peace. A single man would feel the greatest responsibility and administer ["the public" stricken out] the public affairs best. the power Λ Mr Sherman said ["that" stricken out] he considered the Executive magistracy as nothing more than an institution for carrying the will of the Legislature into effect, that the person or persons ought to be appointed by and accountable to the Legislature only, which was the depositary of the supreme will of the Society. As they were the best judges of the business which ought to be done by the Executive department, and consequently of the number necessary from time to time for doing it, he wished the number might be fixed, but ["left not Λ that the legislature should be at liberty to appoint one or more to be determined by the Legislature from time to time" stricken out] as experience might dictate. Mr Wilson preferred a single magistrate, as giving most energy dispatch and responsibility to the office. He did not consider the Prerogatives of the British Monarch as a proper guide in defining the Executive powers. Some of these prerogatives were of a Legislative nature. Among others that of war & peace &c. The only powers he conceived strictly Executive were those of executing the laws, and appointing ["not" stricken out] appertaining to and officers, not appointed by the Legislature. Mr G["h" stricken out]erry favored the policy of annexing a Council in order to give weight & inspire confidence. to the Executive A to M' Randolph strenuosly opposed a unity in the Executive magistracy. He regarded it as the fœtus of monarchy. We had he said no motive to be governed by the British Governm as our prototype. He did not mean however to throw censure on that Excellent fabric. If we were in a situation to copy it he did not know that he should be opposed it; but the fixt genius of the people of America required a different form of Government. He could not see why the great requisites for the Executive department, vigor, despatch & responsibility could not be found in three men, as well as in one man. The Executive ought to be independent. It ought therefore to in order to support its independence Λ ["Three distinct from one wd, use it to his equal partialities: consist of more than one. Three taken from so many divisions of the Union wd, inspire more confidence" stricken out.] the M: Wilson said that Unity in the Executive instead of being the fetus of Monarchy would be the best safeguard against tyranny. He repeated that he was not governed by the British Model which was inapplicable to ["the" stricken out] situation of this Country; the extent of which was so great, and the manners so republican, that nothing but a great confederated Republic would do for it. л Mr Wilson's motion for a single magistrate was postponed by common consent, the seeming unprepared for any decision Committee and the first part of the clause agreed to, viz. "that a National Executive be instituted." thought on it; Mr Madison-["observed that he thot" stricken out] it would be proper, before a choice sh be made between a unity and a plurality in the Executive, to fix the extent of the Executive authority; that as certain powers were in their nature Executive, and must be given to that departm! whether administered by one or more persons, a definition of their extent would assist the judgment in determining how far they might be safely entrusted to a single officer. He accordingly moved that so much of the clause before the Committee as related to the powers of the Executive sha be struck out & after the words that ["the following words should be inserted" stricken out] there be inserted the words following Λ "that a national Executive ought to be instituted" ["with" stricken out] viz, "with power to carry into effect. the national laws. to appoint to offices in cases not otherwise provided for, and to execute such other powers as may from time to time be delegated by the national Legislature". The words [“in "not Legislative nor Judiciary in their nature." ["viz." stricken out] "not legislative nor judiciary in their nature" terlined." stricken out] were added to the proposed amend Λ otherwise ment in consequence of a suggestion by Gen! Pinkney that improper powers might be delegated, ["as the motion first stood" stricken out]. Mr. Wilson seconded this motion [“of Mr." stricken out] Mr Pinkney moved to amend the amendment by striking out the last member of it; viz. ["that" stricken out] "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["ed" stricken out] of them being included in the ["first" illegible word stricken out] "power to carry into effect the national laws". Mr Randolph seconded the motion. M 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 ["it" stricken out] which they ["would at least" stricken out] might serve to prevent doubts and misconstructions. in Λ ["The motion was agreed to. as was the amendment of M thus amended by the motion. ["(Note-this was done by a division of the Question, the first part of Mr agreed to the last disagreed to in consequence of the Objection of Mr P. & Mr. R— amend. being |