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reasonable plan that could be substituted. He was much disposed to think that in such cases the people at large would chuse wisely. There was indeed some difficulty arising from the improbability of a general concurrence of the people in favor of any one man. On the whole he was of opinion that an appointment by electors chosen by the people for the purpose, would be liable to fewest objections.

M: Patterson's ideas nearly coincided he said with those of M. King. He proposed that the Executive should be appointed by Electors to be chosen by the States in a ratio that would allow one elector to the smallest and three to the largest States.

M: Wilson. It seems to be the unanimous sense that the Executive should not be appointed by the Legislature, unless he be rendered in-eligible a 2a time: he perceived with pleasure that the idea was gaining ground, of an election mediately or immediately by the people.

M Madison. If it be a fundamental principle of free Gov that the Legislative, Executive & Judiciary powers should be separately exercised, it is equally so that they be independently exercised. There is the same & perhaps greater reason why the Executive sha be independent of the Legislature, than why the Judiciary should. A coalition of the two former powers would be more immediately & certainly dangerous to public liberty. It is essential then that the appointment of the Executive should either be drawn from some source, or held by some tenure that will give him a free agency with regard to the Legislature. This could not be if he was to be appointable from time to time by the Legislature. It was not clear that an appointment in the 1st instance even with an ineligibility afterwards would not establish an improper connection between the two departments. Certain it was that the appointment would be attended with intrigues and contentions that ought not to be unnecessarily admitted. He was disposed for these reasons to refer the appointment to some other source. The people at large was in his opinion the fittest in itself. It would be as likely as any that could be devised to produce an Executive Magistrate of distinguished Character, The people generally could only know & vote for some Citizen whose merits had rendered him an object of general attention & esteem. There was one difficulty however of a serious nature attending an immediate choice by the people. The right of suffrage was much more diffusive in the Northern than the Southern States; and the latter could have no influence in the election on the score of the Negroes. The substitution of electors obviated this difficulty and seemed on the whole to be liable to fewest objections.

M. Gerry. If the Executive is to be elected by the Legislature he certainly ought not to be reeligible. This would make him absolutely dependent. He was agst a popular election. The people are uninformed, and would be misled by a few designing men. He urged the expediency of an appointment of the Executive by Electors to be chosen by the State Executives. The people of the States will then choose the 1st branch; the legislatures of the States the 2 branch of the National Legislature, and the Executives of the States, the National Executive. This he thought would form a strong attachm! in the States to the National System. The popular mode of electing the chief Magistrate would certainly be the worst of all. If he should be so elected & should do his duty, he will be turned out for it like Gov. Bowdoin in Massts & President Sullivan in N. Hamshire.

On the question on M. Gov! Morris motion to reconsider generally the Constitution of the Executive Mas. ay. Cay. N. J. ay. & all the others ay. M. Elseworth moved to strike out the appointm by the Nat! Legislature, and to insert, to be chosen by electors appointed by the Legislatures of the States in the following ratio; to wit - one for each State not exceeding 200,000 inhabts two for each above y' number & not exceeding 300,000. and three for each State exceeding 300,000.-M. Broome 2ded the motion.

M: Rutlidge was opposed to all the modes, except the appointm! by the Nat! Legislature. He will be sufficiently independent, if he be not re-eligible.

M: Gerry preferred the motion of M: Elseworth to an appointm! by the Nat! Legislature, or by the people; tho' not to an app by the State Executives. He moved that the electors proposed by M. E. should be 25 in number, and allotted in the following proportion. to N. H. 1. to Mas. 3. to R. I. 1. to Con 2. to N. Y. 2. N. J. 2. P. 3. Del. 1. Md 2. V. 3. N. C. 2. S. C. 2. Geo. 1.

190.

The Journal gives it 100,000.- Journal of the Federal Convention,

2 "Mr. Broom is a plain good Man, with some abilities, but nothing to render him conspicuous. He is silent in public, but chearful and conversable in private. He is about 35 years old." -Pierce's notes, Am. Hist. Rev., iii., 330.

The question as moved by M. Elseworth being divided, on the 1st part shall y. Nat! Executive be appointed by Electors?

Mas. divd Contay. N. J. ay. Pe ay. Del. ay. Mday. Va ay. N. C. no. S. C. no. Geo. no.

On 2a part shall the Electors be chosen by the State Legislatures?

Mas. ay. Con ay. N. J. ay. Pa ay. Del. ay. Md ay. Va no. N. C. ay. S. C. no. Geo. ay.

The part relating to the ratio in which the States sd chuse electors was postponed nem. con.

M. L. Martin moved that the Executive be ineligible a 2a time.

M: Williamson, 2ds the motion. He had no great confidence in Electors to be chosen for the special purpose. They would not be the most respectable citizens; but persons not occupied in the high offices of Gov. They would be liable to undue influence, which might the more readily be practised as some of them will probably be in appointment 6 or 8 months before the object of it comes on.

M: Elseworth supposed any persons might be appointed Electors, excepting, solely, members of the Nat! Legislature.

On the question Shall he be ineligible a 2a time? Mas. no. Ct no. N. J. no. Pa no. Del. no. Md no. Va no. N. C. ay. S. C. ay. Geo. no.

On the question Shall the Executive continue for

7 years? It passed in the negative

I

Del. no.

Mas. divd. Con ay. N. J. no. Pa no. Me no. Va no. N. C. diva. S. C. ay. Geo. ay. M King was afraid we she shorten the term too much.

M: Gov! Morris was for a short term, in order to avoid impeach which we be otherwise necessary. M. Butler was agst the frequency of the elections. Geo. & S. C. were too distant to send electors often. M. Elseworth was for 6. years. If the elections be too frequent, the Executive will not be firm eno. There must be duties which will make him unpopular for the moment. There will be outs as well as ins. His administration therefore will be attacked and misrepresented.

M: Williamson was for 6 years. The expence will be considerable & ought not to be unnecessarily repeated. If the Elections are too frequent, the best men will not undertake the service and those of an inferior character will be liable to be corrupted.

On the question for 6 years?

Mas. ay. Con ay. N. J. ay. Pa ay. Del. no. May. Va ay. N. C. ay. S. C. ay. Geo. ay.

Adjourned

In the printed Journal Cont, no: N. Jersey ay. - Madison's Note.

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