Friday MADISON August 24 On motion of Mr Govr Morris, "he may" was struck out, & "and" inserted before "recommend" in the clause 2d. sect— 2d art: X. in order to make it the duty of the President to recommend, & thence prevent umbrage or cavil at his doing it Mr. Sherman objected to the sentence "and shall appoint officers in all cases not otherwise provided for by this Constitution". He admitted it to be proper that many officers in the Executive Department should be so appointed — but contended that many ought not, as general officers in the Army in time of peace &c. Herein lay the corruption in G. Britain. If the Executive can model the army, he may set up an absolute Government; taking advantage of the close of a war and an army commanded by his creatures. James 2d. was not obeyed by his officers because they had been appointed by his predecessors not by himself. He moved to insert "or by law" after the word "Constitution". On Motion of Mr Madison "officers" was struck out and "to offices" inserted, in order to obviate doubts that he might appoint officers without a previous creation of the offices by the Legislature. On the question for inserting "or by law as moved by Mr. Sherman N. H. no. Mas. no. Ct. ay. N. J. no. Pena. no. Del. no. Md. no. Va. no. N. C. absent. S. C. no. Geo. no. [Ayes — 1; noes 9; absent — 1.] Mr. Dickinson moved to strike out the words "and shall appoint to offices in all cases not otherwise provided for by this Constitution" and insert - "and shall appoint to all offices established by this Constitution, except in cases herein otherwise provided for, and to all offices which may hereafter be created by law." Mr Randolph observed that the power of appointments was a formidable one both in the Executive & Legislative hands- and suggested whether the Legislature should not be left at liberty to refer appointments in some cases, to some State Authority. Mr. Dickenson's motion, (it passed in the affirmative) Friday MCHENRY August 24 N. H. no. Mas- no- Ct ay- N-J- ay. Pa. ay— Del. no. Md ay. Va. ay— N— C. abst. S. C no. Geo— (ay) [Ayes-6; noes-4; absent1.] 11 Mr. Dickinson then moved to annex to his last amendment "except where by law the appointment shall be vested in the Legislatures or Executives of the several States". Mr. Randolph 2ded. the motion Mr. Wilson If this be agreed to it will soon be a standing instruction from the State Legislatures to pass no law creating offices, unless the appts be referred to them. Mr. Sherman objected to "Legislatures" in the motion, which was struck out by consent of the movers. Mr. Govr. Morris - This would be putting it in the power of the States to say, "You shall be viceroys but we will be viceroys over you" The motion was negatived without a Count of the States —12 Ordered (unaminously) that the order respecting the adjournment at 4 oClock be repealed, & that in future the House assemble at 10 OC. & adjourn at 3 OC.14 Adjourned MCHENRY 2 and 3 sect. struck out. The 10 article give rise to various debate. Amended to read that the election of the president of the U. S. be by joint ballot. It was moved to add each State having one vote-Conn: Jer. Mar. Georg. N. H. Mass. Penns. Vir. N. C. and S. C. no. It was moved ay. "Madison originally had Georgia recorded as voting "no", which made the total vote a tie, and the determination of the question in the negative. This was changed to conform to Journal and the subsequent proceedings. 12 McHenry is probably correct in stating that the house adjourned when the question was going to be put", see August 25, note 15. 13 Taken from Journal. 14 See May 25, note I. 15 Detail of Ayes and Noes (Vote 357) and Madison both include Delaware in the affirmative. Friday MCHENRY August 24 that the president be elected by the people 16 3 states affirm -7 neg. On what respects his ineligibility Gov. Morris observed. That in the strength of the Executive would be found the strength of America. Ineligibility operates to weaken or destroy the constitution. The president will have no interest beyond his period of service. He will for peace and emolument to himself and friends agree to acts that will encrease the power and agrandize the bodies which elect him. The legislature will swallow up the whole powers of the constitution; but to do this effectually they must possess the Executive. This will lead them to tempt him, and the shortness of his reign will subject him to be tempted and overcome. The legislature has great and various appointments in their power. This will create them an extensive influence which may be so used as to put it out of the power of the Executive to prevent them from arriving at supremacy. On the other hand give the Executive a chance of being re-chosen and he will hold his prerogatives with all possible tenaciousness. postponed the question. Proceeded, and made some amendments to the 2 sect. Adjourned when the question was going to be put whether the legislature might enable the State Executives or legislatures to appoint officers to certain offices.17 16 According to the Journal, Detail of Ayes and Noes and Madison, this question was the first one upon Article X for which a vote was taken, and the vote is given as Ayes, 2; noes, 9. 17 Both the Journal and Madison report this motion as negatived, but McHenry is probably correct. See August 25, note 15. SATURDAY, AUGUST 25, 1787. JOURNAL Saturday August 25. 1787. It was moved and seconded to postpone the first clause of the first section 7 article, in order to take up the following amendment "all debts contracted and engagements entered into, by or "under the authority of Congress shall be as valid against the "United States under this constitution as under the confed"eration." 66 which passed in the affirmative On the question to agree to the amendment it passed in the affirmative [Ayes - Io; noes 1.] 1 It was moved and seconded to add the following clause to the first clause of the 1st sect. 7 article "for the payment of said debts and for the defraying the expences that shall be incurred for the common defence and 'general welfare" 66 which passed in the negative. [Ayes 1; noes — 10.] It was moved and seconded to amend the report of the Committee of eleven, entered on the Journal of the 24th instant as follows to strike out the words "the year eighteen hundred" and to insert the words "the year eighteen hundred and eight" which passed in the affirmative [Ayes-7; noes - - 4.] It was moved and seconded to amend the first clause of the report to read The importation of Slaves into such of the States as shall 1 Vote 365, Detail of Ayes and Noes, which notes that it was "Mr. Randolph's amendment". Saturday JOURNAL August 25 permit the same shall not be prohibited by the Legislature of the U. S. until the year 1808. which passed in the negative On the question to agree to the first part of the report as amended, namely. "The migration or importation of such persons as the "several States now existing shall think proper to admit "shall not be prohibited by the Legislature prior to the year 1808." it passed in the affirmative. [Ayes-7; noes- 4.] It was moved and seconded to strike out the words "average of the duties laid on Imports" and to insert the words "common impost on articles not enumerated" which passed in the affirmative It was moved and seconded to amend the second clause of the report to read "but a tax or duty may be imposed on such importation "not exceeding ten dollars for each person which passed in the affirmative. On the question to agree to the second clause of the report as amended it passed in the affirmative On the question to postpone the farther consideration of the report it passed in the affirmative It was moved and seconded to amend the 8th article to read "This Constitution and the Laws of the United States, "which shall be made in pursuance thereof and all treaties "made or which shall be made under the authority of the "United-States shall be the supreme law of the several States, "and of their citizens and inhabitants; and the Judges in the "several States shall be bound thereby in their decisions; "any thing in the constitutions or laws of the several States "to the contrary notwithstanding" which passed in the affirmative 2 Journal (p. 292) ascribes Vote 369, Detail of Ayes and Noes, to this question, but there is no apparent reason for this, and probably it is the same as reported by Madison (see below note 15) and McHenry. |