On the proposition for giving legislative power in in all cases to which the State Legislatures were individually incompetent,-Mr. PINCKNEY and Mr. RUTLEDGE objected to the vagueness of the term "incompetent," and said they could not well decide how to vote until they should see an exact enumeration of the powers comprehended by this definition.

Mr. BUTLER repeated his fears that we were running into an extreme, in taking away the powers of the States; and called on Mr. RANDOLPH for the extent of his meaning.

Mr. RANDOLPH disclaimed any intention to give indefinite powers to the National Legislature, declaring that he was entirely opposed to such an inroad on the State jurisdictions; and that he did not think any considerations whatever could ever change his determination. His opinion was fixed on this point.

Mr. MADISON said, that he had brought with him into the Convention a strong bias in favor of an enumeration and definition of the powers necessary to be exercised by the National Legislature; but had also brought doubts concerning its practicability. His wishes remained unaltered; but his doubts had become stronger. What his opinion might ultimately be, he could not yet tell. But he should shrink from nothing which should be found essential to such a form of government as would provide for the safety, liberty and happiness of the community. This being the end of all our deliberations, all the necessary means for attaining it must, however reluctantly, be submitted to.

On the question for giving powers, in cases to

which the States are not competent-Massachusetts, New York, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, aye-9; Connecticut, divided, (SHERMAN, no, Ellsworth, ауe.)

The other clauses, giving powers necessary to preserve harmony among the States, to negative all State laws contravening, in the opinion of the National Legislature, the Articles of Union, down to the last clause, (the words, "or any treaties subsisting under the authority of the Union," being added after the words "contravening, &c. the Articles of the Union," on motion of Doctor Franklin) were agreed to without debate or dissent.

The last clause of the sixth Resolution, authorizing an exertion of the force of the whole against a delinquent State, came next into consideration.

Mr. MADISON observed, that the more he reflected on the use of force, the more he doubted the practicability, the justice and the efficacy of it, when applied to people collectively, and not individually. An union of the States containing such an ingredient seemed to provide for its own destruction. The use of force against 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 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 resource unnecessary, and moved that the clause be postponed. This motion was agreed to, nem. con. The Committee then rose, and the House adjourned.

VOL. I.-48*

FRIDAY, JUNE 1st.

WILLIAM HOUSTOUN, from Georgia, took his seat. The Committee of the Whole proceeded to the seventh Resolution, that a National Executive be instituted, to be chosen by the National Legislature for the term of years, &c., to be ineligible thereafter, to possess the Executive powers of Congress, &c. Mr. PINCKNEY was for a vigorous Executive, but was afraid the executive powers of the existing Congress might extend to peace and war, &c.; which would render the Executive a monarchy of the worst kind, to wit, an elective one.

Mr. WILSON moved that the Executive consist of a single person. Mr. C. PINCKNEY seconded the motion, so as to read "that a National Executive, to consist of a single person, be instituted."

A considerable pause ensuing, and the Chairman asking if he should put the question, Doctor FRANKLIN observed that it was a point of great importance, and wished that the gentlemen would deliver their sentiments on it before the question was put.

Mr. RUTLEDGE 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 power in a single person, though he was not for giving him the power of war and peace. A single man would feel the greatest responsibility, and administer the public affairs best.

Mr. SHERMAN said, 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 depository 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 not be fixed, but that the legislature should be at liberty to appoint one or more 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 and peace, &c. The only powers he considered strictly executive were those of executing the laws, and appointing officers, not appertaining to, and appointed by, the legislature.

Mr. GERRY favored the policy of annexing a council to the Executive, in order to give weight and inspire confidence.

Mr. RANDOLPH Strenuously opposed an 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 government 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 to it; but the fixed 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, dispatch, and responsibility, could not be found in three men, as well as in The Executive ought to be independent. It ought, therefore, in order to support its independence, to consist of more than one.

one man.

Mr. WILSON said, that unity in the Executive, instead of being the fœtus 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 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.

Mr. WILSON'S motion for a single magistrate was postponed by common consent, the Committee seeming unprepared for any decision on it; and the first part of the clause agreed to, viz. "that a national Executive be instituted." 184

Mr. MADISON thought it would be proper, before a choice should 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 department, 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 should be struck out, and that after the words "that a national Executive ought to be instituted," there