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
Doc^r Franklin. A Gentleman from S. C., (M^r Butler) a day or two ago
called our attention to the case of the U. Netherlands. He wished the
gentleman had been a little fuller, and had gone back to the original of
that Gov^t. 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 & more oppressive, they were at length set
aside. Still however there was a party for the P. of Orange, which
descended to his son who excited insurrections, spilt a great deal of
blood, murdered the de Witts, and got the powers revested in the
Stadtholder. Afterwards another Prince had power to excite insurrections
& make the Stadtholdership hereditary. And the present Stadth^{der} is
ready to wade thro' 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 Pens^a 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. No body 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 Executive an absolute
negative,--Mass^{ts} no. Con^t no. N. Y. no. P^a no. Del. no. M^d no.
V^a no. N. C. no. S. C. no. Georg^a no.
M^r Butler moved that the Resol^n be altered so as to read--"Resolved
that the National Executive have a power to suspend any Legislative act
for the term of ----."
Doct^r Franklin seconds the motion.
M^r Gerry observed that a 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 question "for giving this suspending power" all the States, to wit
Mass^{ts} Con^t N. Y. P^a Del. Mary^d Virg^a N. C. S. C. Georgia, were
_No_.
On a question for enabling _two thirds_ of each branch of the
Legislature to overrule the revisionary check, it passed in the
affirmative sub silentio; and was inserted in the blank of M^r Gerry's
motion.
On the question on M^r Gerry's motion which gave the Executive alone
without the Judiciary the revisionary controul on the laws unless
overruled by 2/3 of each branch; Mass^{ts} ay. Con^t no. N. Y. ay.
P^a ay. Del. ay. Mary^d no. V^a ay. N. C. ay. S. C. ay. Geo. ay.
It was moved by M^r Wilson 2^{ded} by M^r Madison--that the following
amendment be made to the last resolution--after the words "National Ex."
to add "& a convenient number of the National Judiciary."[63]
[63] Before the motion, according to King's notes:
Public-domain text, read in full here on John Shaqi.
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