The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
M^r Wilson thinks neither the original proposition nor the amendment
goes far enough. If the Legislative Exetv & Judiciary ought to be
distinct & independent, The Executive ought to have an absolute
negative. Without such a self-defence the Legislature can at any moment
sink it into non-existence. He was for varying the proposition in such a
manner as to give the Executive & Judiciary jointly an absolute
negative.
On the question to postpone in order to take M^r Gerry's proposition
into consideration it was agreed to, Mass^s ay. Con^t no. N. Y. ay.
P^a ay. Del. no. Mary^d no. Virg^a no. N. C ay. S. C. ay. G^a ay.
Mr. Gerry's proposition being now before Committee, M^r Wilson & M^r
Hamilton move that the last part of it (viz. "w^{ch} s^l not be
afterw^{ds} passed "unless by ---- parts of each branch of the National
legislature") be struck out, so as to give the Executive an absolute
negative on the laws. There was no danger they thought of such a power
being too much exercised. It was mentioned by Col: Hamilton that the
King of G. B. had not exerted his negative since the Revolution.
M^r Gerry sees no necessity for so great a controul over the legislature
as the best men in the Community would be comprised in the two branches
of it.
Doc^r Franklin, said he was sorry to differ from his colleague for whom
he had a very great respect, on any occasion, but he could not help it
on this. He had had some experience of this check in the Executive on
the Legislature, under the proprietary Government of Pen^a. The negative
of the Governor was constantly made use of to extort money. No good law
whatever could be passed without a private bargain with him. An increase
of his salary, or some donation, was always made a condition; till at
last it became the regular practice, to have orders in his favor on the
Treasury, presented along with the bills to be signed, so that he might
actually receive the former before he should sign the latter. When the
Indians were scalping the western people, and notice of it arrived, the
concurrence of the Governor in the means of self-defence could not be
got, till it was agreed that his Estate should be exempted from
taxation: so that the people were to fight for the security of his
property, whilst he was to bear no share of the burden. This was a
mischevous sort of check. If the Executive was to have a Council, such a
power would be less objectionable. It was true, the King of G. B. had
not, as was said, exerted his negative since the Revolution; but that
matter was easily explained. The bribes and emoluments now given to the
members of parliament rendered it unnecessary, every thing being done
according to the will of the Ministers. He was afraid, if a negative
should be given as proposed, that more power and money would be
demanded, till at last eno' would be gotten to influence & bribe the
Legislature into a compleat subjection to the will of the Executive.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account