be inserted the words following, viz. "with power to carry into effect the national laws, to appoint to offices in cases not otherwise provided for, and to execute such other powers, 'not legislative nor judiciary in their nature,' as may from time to time be delegated by the national Legislature." The words "not legislative nor judiciary in their nature," were added to the proposed amendment, in consequence of a suggestion, by General PINCKNEY, that improper powers might otherwise be delegated.

Mr. WILSON seconded this motion.

Mr. PINCKNEY moved to amend the amendment by striking out the last member of it, viz. " and to execute such other powers, not legislative nor judiciary in their nature, as may from time to time be delegated." He said they were unnecessary, the object of them being included in the "power to carry into effect the national laws."

Mr. RANDOLPH seconded the motion.

Mr. MADISON did not know that the words were absolutely necessary, or even the preceding words, "to appoint to offices, &c.," the whole being, perhaps, included in the first member of the proposition. He did not, however, see any inconvenience in retaining them; and cases might happen in which they might serve to prevent doubts and misconstructions.

In consequence of the motion of Mr. PINCKNEY, the question on Mr. MADISON's motion was divided ; and the words objected to by Mr. PINCKNEY struck out, by the votes of Connecticut, New York, New Jersey, Pennsylvania, Delaware, North Carolina, and Georgia-7, against Massachusetts, Virginia,

and South Carolina-3; the preceding part of the motion being first agreed to,-Connecticut, divided; all the other States in the affirmative.

The next clause in the seventh Resolution, relating to the mode of appointing, and the duration of, the Executive, being under consideration,—

Mr. WILSON said, he was almost unwilling to declare the mode which he wished to take place, being apprehensive that it might appear chimerical. He would say, however, at least, that in theory he was for an election by the people. Experience, particularly in New York and Massachusetts, showed that an election of the first magistrate by the people at large was both a convenient and successful mode. The objects of choice in such cases must be persons whose merits have general notoriety.

Mr. SHERMAN was for the appointment by the Legislature, and for making him absolutely dependent on that body, as it was the will of that which was to be executed. An independence of the Executive on the supreme Legislature, was, in his opinion, the very essence of tyranny, if there was any such thing.

Mr. WILSON moved, that the blank for the term of duration should be filled with three years, observing, at the same time, that he preferred this short period on the supposition that a re-eligibility would be provided for.

Mr. PINCKNEY moved, for seven years.

Mr. SHERMAN was for three years, and against the doctrine of rotation, as throwing out of office the men best qualified to execute its duties.

Mr. MASON was for seven years at least, and for

prohibiting a re-eligibilty, as the best expedient, both for preventing the effect of a false complaisance on the side of the Legislature towards unfit characters; and a temptation on the side of the Executive to intrigue with the Legislature for a re-appointment.

"

Mr. BEDFORD was strongly opposed to so long a term as seven years. He begged the Committee to consider what the situation of the country would be, in case the first magistrate should be saddled on it for such a period, and it should be found on trial that he did not possess the qualifications ascribed to him, or should lose them after his appointment. An impeachment, he said, would be no cure for this evil, as an impeachment would reach misfeasance only, not incapacity. He was for a triennial election, and for an ineligibility after a period of nine years.

On the question, for seven years,-New York, New Jersey, Pennsylvania, Delaware, Virginia, aye -5; Connecticut, North Carolina, South Carolina, Georgia, no 4; Massachusetts, divided. There being five ayes, four noes, and one divided, a question was asked, whether a majority had voted in the affirmative. The President decided that it was an affirmative vote.185

The mode of appointing the Executive was the next question.

Mr. WILSON renewed his declarations in favor of an appointment by the people. He wished to derive not only both branches of the Legislature from the people without the intervention of the State Legislatures, but the Executive also, in order to make them as independent as possible of each other, as

well as of the States.

Colonel MASON favors the idea, but thinks it impracticable. He wishes, however, that Mr. WILSON might have time to digest it into his own form. The clause, "to be chosen by the National Legislature," was accordingly postponed.

Mr. RUTLEDGE suggests an election of the Executive by the second branch only of the National Legislature.

The Committee then rose, and the House adjourned.

SATURDAY, JUNE 2nd.

WILLIAM SAMUEL JOHNSON, from Connecticut, DANIEL OF ST. THOMAS JENIFER, from Maryland, and JOHN LANSING, Jun., from New York, took their seats.

In Committee of the Whole,-It was moved and seconded to postpone the Resolutions of Mr. RANDOLPH respecting the Executive, in order to take up the second branch of the Legislature; which being negatived, by Massachusetts, Connecticut, Delaware, Virginia, North Carolina, South Carolina, Georgia-7; against New York, Pennsylvania, Maryland-3; the mode of appointing the Executive was resumed.

Mr. WILSON made the following motion, to be substituted for the mode proposed by Mr. RanDOLPH'S Resolution, "that the executive magistracy shall be elected in the following manner: That the States be divided into districts and that the

persons qualified to vote in each district for members of the first branch of the National Legislature elect members for their respective districts to be electors of the executive magistracy; that the said electors of the executive magistracy meet at and they, or any of them, so met, shall proceed to elect by ballot, but not out of their own body, person- in whom the executive authority of the National Government shall be vested."

Mr. WILSON repeated his arguments in favor of an election without the intervention of the States. He supposed, too, that this mode would produce more confidence among the people in the first magistrate, than an election by the National Legislature.

Mr. GERRY opposed the election by the National Legislature. There would be a constant intrigue kept up for the appointment. The Legislature and the candidates would bargain and play into one another's hands. Votes would be given by the former under promises or expectations from the latter, of recompensing them by services to members of the Legislature or their friends. He liked the principle of Mr. WILSON'S motion, but fears it would alarm and give a handle to the State partizans, as tending to supersede altogether the State authorities. He thought the community not yet ripe for stripping the States of their powers, even such as might not be requisite for local purposes. He was for waiting till the people should feel more the necessity of it. He seemed to prefer the taking the suffrages of the States, instead of electors; or VOL. I.-49