"Mr. King was of opinion that the Judicial ought not to join in the negative of a Law, because the Judges will have the expounding of those Laws when they come before them; and they will no doubt stop the operation of such as shall appear repugnant to the Constitution."--Pierce's Notes, _Am. Hist. Rev._, iii., 322. M^r Sherman. This matter is of great importance and ought to be well considered before it is determined. M^r Wilson he said had observed that in each State a single magistrate was placed at the head of the Gov^t. It was so he admitted, and properly so, and he wished the same policy to prevail in the federal Gov^t. But then it should be also remarked that in all the States there was a Council of advice, without which the first magistrate could not act. A council he thought necessary to make the establishment acceptable to the people. Even in G. B. the King has a Council; and though he appoints it himself, its advice has its weight with him, and attracts the Confidence of the people. M^r Williamson asks M^r Wilson whether he means to annex a Council. M^r Wilson means to have no Council, which oftener serves to cover, than prevent malpractices. M^r Gerry was at a loss to discover the policy of three members for the Executive. It w^d be extremely inconvenient in many instances, particularly in military matters, whether relating to the militia, an army, or a navy. It would be a general with three heads. On the question for a single Executive it was agreed to Mass^{ts} ay. Con^t ay. N. Y. no. Pen^a ay. Del. no. Mary^d no. Virg^a ay. (M^r R. & M^r Blair no--Doc^r McC^g M^r M. & Gen. W. ay. Col. Mason being no, but not in the house, M^r Wythe ay. but gone home). N. C. ay. S. C. ay. Georg^a ay. First Clause of Proposition 8^{th} relating _to a Council of Revision_ taken into consideration. M^r Gerry doubts whether the Judiciary ought to form a part of it, as they will have a sufficient check ag^{st} encroachments on their own department by their exposition of the laws, which involved a power of deciding on their Constitutionality. In some States the Judges had actually set aside laws as being ag^{st} the Constitution. This was done too with general approbation. It was quite foreign from the nature of y^e office to make them judges of the policy of public measures. He moves to postpone the clause in order to propose "that the National Executive shall have a right to negative any Legislative act which shall not be afterwards passed by ---- parts of each branch of the national Legislature." M^r King seconds the motion, observing that the Judges ought to be able to expound the law as it should come before them, free from the bias of having participated in its formation.