certainly be obnoxious to the temper of this country,—its present temper at least.

Mr. WILSON believed, as others did, that this power would seldom be used. The Legislature would know that such a power existed, and would refrain from such laws as it would be sure to defeat. Its silent operation would therefore preserve harmony and prevent mischief. The case of Pennsylvania formerly was very different from its present case. The Executive was not then, as now to be, appointed by the people. It will not in this case, as in the one cited, be supported by the head of a great empire, actuated by a different and sometimes opposite interest. The salary, too, is now proposed to be fixed by the Constitution, or, if Doctor Franklin's idea should be adopted, all salary whatever interdicted. The requiring a large proportion of each House to overrule the Executive check, might do in peaceable times; but there might be tempestuous moments in which animosities may run high between the Executive and Legislative branches, and in which the former ought to be able to defend itself.

Mr. BUTLER had been in favor of a single executive magistrate; but could he have entertained an idea that a complete negative on the laws was to be given him, he certainly should have acted very differently. It had been observed, that in all countries the executive power is in a constant course of increase. This was certainly the case in Great Britain. Gentlemen seemed to think that we had nothing to apprehend from an abuse of the executive power. But why might not a Cataline or a Cromwell arise in this country as well as in others?

He

Mr. BEDFORD was opposed to every check on the Legislature, even the council of revision first proposed. thought it would be sufficient to mark out in the constitution the boundaries to the legislative authority, which would give all the requisite security to the rights of the other departments. The representatives of the people were the best judges of what was for their interest, and ought

to be under no external control whatever. The two branches would produce a sufficient control within the Legislature itself.

Col. MASON observed that a vote had already passed, he found - he was out at the time for vesting the executive powers in a single person. Among these powers was that of appointing to offices in certain cases. The probable abuses of a negative had been well explained by Doctor FRANKLIN, as proved by experience, the best of all tests. Will not the same door be opened here? The Executive may refuse its assent to necessary measures, till new appointments shall be referred to him; and, having by degrees engrossed all these into his own hands, the American Executive, like the British, will, by bribery and influence, save himself the trouble and odium of exerting his negative afterwards. We are, Mr. Chairman, going very far in this business. We are not indeed constituting a British government, but a more dangerous monarchy, an elective one. We are introducing a new principle into our system, and not necessary, as in the British government, where the Executive has greater rights to defend. Do gentlemen mean to pave the way to hereditary monarchy? Do they flatter themselves that the people will ever consent to such an innovation? If they do, I venture to tell them, they are mistaken. The people never will consent. And do gentlemen consider the danger of delay, and the still greater danger of a rejection, not for a moment, but forever, of the plan which shall be proposed to them? Notwithstanding the oppression and injustice experienced among us from democracy, the genius of the people is in favor of it; and the genius of the people must be consulted. He could not but consider the Federal system as in effect dissolved by the appointment of this Convention to devise a better one. And do gentlemen look forward to the dangerous interval between extinction of an old, and the establishment of a new, government; and to the scenes of confusion which may ensue? He hoped that nothing like

a monarchy would ever be attempted in this country. A hatred to its oppressions had carried the people through the late Revolution. Will it not be enough to enable the Executive to suspend offensive laws, till they shall be coolly revised, and the objections to them overruled by a greater majority than was required in the first instance? He never could agree to give up all the rights of the people to a single magistrate. If more than one had been fixed on, greater powers might have been entrusted to the Executive. He hoped this attempt to give such powers would have its weight hereafter, as an argument for increasing the number of the Executive.

Doctor FRANKLIN. A gentleman from South Carolina, (Mr. BUTLER) a day or two ago called our attention to the case of the United Netherlands. He wished the gentleman had been a little fuller, and had gone back to the original of that government. The people being under great obligations to the Prince of Orange, whose wisdom and bravery had saved them, chose him for the Stadtholder. He did very well. Inconveniences, however, were felt from his powers; which growing more and more oppressive, they were at length set aside. Still, however, there was a party for the Prince of Orange, which descended to his son; who excited insurrections, spilled a great deal of blood, murdered the De Witts, and got the powers re-vested in the Stadtholder. Afterwards another prince had power to excite insurrections, and make the Stadtholdership hereditary. And the present 'Stadtholder is ready to wade through a bloody civil war to the establishment of a monarchy. Col. MASON had mentioned the circumstance of appointing officers. He knew how that point would be managed. No new appointment would be suffered, as heretofore in Pennsylvania, unless it be referred to the Executive; so that all profitable offices will be at his disposal. The first man put at the helm will be a good one. Nobody knows what sort may come afterwards. The Executive will be always increasing here, as elsewhere, till it ends in a monarchy.

On the question for striking out, so as to give the Executive an absolute negative, Massachusetts, Connecticut, New York, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, no

10.

Mr. BUTLER moved that the Resolution be altered so as to read, "Resolved, that the national Executive have a power to suspend any legislative act for the term of

Doctor FRANKLIN seconded the motion.

Mr. GERRY observed, that the power of suspending might do all the mischief dreaded from the negative of useful laws, without answering the salutary purpose of checking unjust or unwise ones.

On the question for giving this suspending power, all the States, to wit, Massachusetts, Connecticut, New York, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, were, no.

On a question for enabling two-thirds of each branch of the Legislature to overrule the provisionary check, it passed in the affirmative, sub silentio; and was inserted in the blank of Mr. GERRY'S motion.

On the question of Mr. GERRY's motion, which gave the Executive alone, without the Judiciary, the revisionary control on the laws, unless overruled by two-thirds of each branch, Massachusetts, New York, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, aye-8; Connecticut, Maryland, no — 2.

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It was moved by Mr. WILSON, seconded by Mr. MADISON, that the following amendment be made to the last Resolution: after the words "national Executive," to add " and a convenient number of the national Judiciary."

An objection of order being taken by Mr. HAMILTON to the introduction of the last amendment at this time, notice was given by Mr. WILSON and Mr. MADISON, that the same would be moved to-morrow; whereupon Wednesday was assigned to reconsider the amendment of Mr. GERRY.

It was then moved and seconded to proceed to the con

sideration of the ninth Resolution submitted by Mr. RANDOLPH; when, on motion to agree to the first clause, namely, "Resolved, that a national Judiciary be established," it passed in the affirmative, nem. con.

It was then moved and seconded, to add these words to the first clause of the ninth Resolution, namely, "to consist of one supreme tribunal, and of one or more inferior tribunals;" which passed in the affirmative.

The Committee then rose, and the House adjourned.

TUESDAY, JUNE 5TH.

Governor LIVINGSTON, of New Jersey, took his seat. In Committee of the Whole. The words "one or more" were struck out before "inferior tribunals," as an amendment to the last clause of the ninth Resolution. The clause, "that the national Judiciary be chosen by the National Legislature," being under consideration.

MR. WILSON Opposed the appointment of Judges by the National Legislature. Experience showed the impropriety of such appointments by numerous bodies. Intrigue, partiality, and concealment were the necessary consequences. A principal reason for unity in the Executive was, that officers might be appointed by a single, responsible person.

Mr. RUTLEDGE was by no means disposed to grant so great a power to any single person. The people will think we are leaning too much towards monarchy. He was against establishing any national tribunal, except a single supreme one. The State tribunals are most proper to de

cide in all cases in the first instance.

Doctor FRANKLIN observed, that the two modes of choosing the Judges had been mentioned, to wit, by the Legislature, and by the Executive. He wished such other modes to be suggested as might occur to other gentlemen; it being a point of great moment. He would mention one which he had understood was practised in Scotland. He then, in a brief and en