FRIDAY, SEPTEMBER 7, 1787. JOURNAL Friday September 7. 1787. It was moved and seconded to insert the following clause after the words "throughout the United States" in the first sect. of the report. "The Legislature may declare by law what officer of the "United States shall act as President in case of the death, "resignation, or disability of the President and Vice Presi"dent; and such Officer shall act accordingly, until such disability be removed, or a President shall be elected" which passed in the affirmative [Ayes-6; noes — 4; divided 1.]1 It was moved and seconded to insert the following amendment after the words "a member or members from two thirds of the States" in the Ist sect of the report. "and the concurrence of a majority of all the States shall be necessary to make such choice." which passed in the affirmative. On the question to agree to the 2nd sect. of the report. it passed in the affirmative. [The V: Presidt shall ex officio be Presidt of the Senate. 8; noes Ayes - 2.] 2 Separate questions having been taken on the several clauses of the 3rd sect. of the report They passed in the affirmative. [To insert "& the Ho of representatives" 5 sect of ye report Friday JOURNAL September 7 It was moved and seconded to amend the 2nd clause of the 4 sect of the report to read "Ambassadors, other public Ministers, and Consuls" which passed in the affirmative [By & with the consent of the Senate appoint Ministers &ca II; noes O. Ayes II; noes O. 2.]4 Ayes 9; noes — Judges of the Supreme Court and all other officers It was moved and seconded to postpone the consideration of the 4 sect. of the report in order to take up the following. That it be an instruction to the Committee of the States to prepare a clause or clauses for establishing an Executive Council, as a Council of State, for the President of the United States, to consist of six Members, two of which from the Eastern, two from the middle, and two from the southern States with a rotation and duration of office similar to that of the Senate; such Council to be appointed by the Legislature or by the Senate. On the question to postpone it passed in the negative [To agree to the last question [Ayes - 3; noes - - 8.15 Ayes 11; noes — o.] It was moved and seconded to agree to the following clause That the President shall have power to fill up all vacancies that may happen during the recess of the Senate by granting commissions which shall expire at the end of the next session of the Senate. which passed in the affirmative It was moved and seconded to insert the words (except treaties of Peace) after the word Treaty in the 4 sect of the report which passed in the affirmative [To agree to Mr Madison's amendmt Ayes-3; noes- 8.]7 - On the question to agree to the 4 sect. of the report as amended it passed in the affirmative [Ayes-8; noes 4 Votes 477-479, Detail of Ayes and Noes. 3]8 Vote 482, Detail of Ayes and Noes. Journal (pp. 340-341) mistakenly assigns Vote 480 to this question, see Madison's note below. Vote 483, Detail of Ayes and Noes. "Vote 480, Detail of Ayes and Noes. 8 Vote 481, Detail of Ayes and Noes. Friday JOURNAL September 7 It was moved and seconded to agree to the follow'g amend ment. "But no Treaty of peace shall be entered into, whereby the United States shall be deprived of any of their present Territory or rights without the concurrence of two thirds of the Members of the Senate present [473] dd no no aye aye no aye aye no aye aye To agree to the provi- 6 4 I sion in case of the aye aye The V: Presidt shall ex 8 2 Senate. no aye no no no no no no To insert "& the Ho of 110 aye no aye aye aye aye no aye and all other officers 92 no no no aye no no aye aye To agree to Mr Madi- 3 8 son's amendmt no no aye aye aye aye aye no To agree to ye 4 sect 8 3 of ye report no no no aye aye no no aye To postpone the clause 3 8 aye aye aye aye aye aye aye aye To agree to the last 11 Friday MADISON September 7 MADISON Friday Sepr. 7. 1787. In Convention The mode of constituting the Executive being resumed, Mr- Randolph moved (to insert in the first Section of the report made yesterday) "The Legislature may declare by law what officer of the U. S shall act as President in case of the death, resignation, or disability of the President and Vice-President; and such officer shall act accordingly until the time of electing a President shall arrive." Mr. Madison observed that this, as worded, would prevent a supply of the vacancy by an intermediate election of the President, and moved to substitute - "until such disability be removed, or a President shall be elected -"* Mr. Governr. Morris 2ded. the motion, which was agreed to. It seemed to be an objection to the provision with some, that according to the process established for chusing the Executive, there would be difficulty in effecting it at other than the fixed periods; with others, that the Legislature was restrained in the temporary appointment to "officers" of the U. S: (They wished it to be at liberty to appoint others than such.) On the motion of Mr. Randolph as amended, it passed in the affirmative N. H. divided. Mas. no. Ct. no. N. J. ay. Pa. ay. Delno. Md. ay. Va. ay. N- C-no- S. C. ay- Geo. ay [Ayes-6; noes-4; divided- 1.] Mr. Gerry moved "that in the election of President by the House of Representatives, no State shall vote by less than three members, and where that number may not be allotted to a State, it shall be made up by its Senators; and a concurrence of a majority of all the States shall be necessary to make such choice". Without some such provision five individuals might possibly be competent to an election, these * (In the printed Journal this amendment is put into the original Motion.) • Taken from Journal. Friday MADISON September 7 being a majority of two thirds of the existing number of States; and two thirds being a quorum for this business. Mr. Madison 2ded. the motion 10 Mr. Read observed that the States having but one member only in the House of Reps. would be in danger of having no vote at all in the election: the sickness or absence either of the Representative or one of the Senators would have that effect Mr. Madison replied that, if one member of the House of Representatives should be left capable of voting for the State, the states having one Representative only would still be subject to that danger. He thought it an evil that so small a number at any rate should be authorized, to elect. Corruption would be greatly facilitated by it. The mode itself was liable to this further weighty objection that the representatives of a Minority of the people, might reverse the choice of a majority of the States and of the people- He wished some cure for this inconveniency might yet be provided Mr Gerry withdrew the first part of his motion; and on the, Question on the 2d. part viz, "and a concurrence of a majority of all the States shall be necessary to make such choice" to follow the words "a member or members from two thirds of the States" - It was agreed to nem: con: The (section 2.) 11 (see Sepr. 4) requiring that the President should be a natural-born Citizen, &c & have been resident for fourteen years, & be thirty five years of age, was agreed to nem: con: (Section 3.) 12 (see Sepr. 4). "The vice President shall be ex officio President of the Senate" 13 Mr. Gerry opposed this regulation. We might as well put the President himself at the head of the Legislature. The close intimacy that must subsist between the President 10 Crossed out "adding that otherwise three members might possibly elect them being from their several States and a quorum being made up by the representatives of two large States". 11 Crossed out: "clause (2)". 12 Crossed out "Clause (6)". 13 Upon the Vice-President, see CLVIII (78), CCXXVI, CCXCVII, CCXCIX. |