The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
M^r Sherman objected to the sentence "and shall appoint officers in all
cases not otherwise provided for by this Constitution." He admitted it
to be proper that many officers in the Executive Department should be so
appointed--but contended that many ought not, as general officers in the
army in time of peace &c. Herein lay the corruption in G. Britain. If
the Executive can model the army, he may set up an absolute Government;
taking advantage of the close of a war and an army commanded by his
creatures. James 2^d was not obeyed by his officers because they had
been appointed by his predecessors not by himself. He moved to insert
"or by law" after the word "Constitution."
On motion of M^r Madison "officers" was struck out and "to offices"
inserted, in order to obviate doubts that he might appoint officers
without a previous creation of the offices by the Legislature.
On the question for inserting "or by law" as moved by M^r Sherman
N. H. no. Mas. no. C^t ay. N. J. no. Pen^a no. Del. no.
M^d no. V^a no. N. C. absent. S. C. no. Geo. no.
M^r Dickinson moved to strike out the words "and shall appoint to
offices in all cases not otherwise provided for by this Constitution"
and insert--"and shall appoint to all offices established by this
Constitution, except in cases herein otherwise provided for, and to all
offices which may hereafter be created by law."
M^r Randolph observed that the power of appointments was a formidable
one both in the Executive & Legislative hands--and suggested whether the
Legislature should not be left at liberty to refer appointments in some
cases, to some State authority.
M^r Dickenson's motion, it passed in the affirmative.
N. H. no. Mas. no. C^t ay. N. J. ay. P^a ay. Del. no. M^d ay.
V^a ay. N. C. abs^t. S. C. no. Geo. ay.
M^r Dickinson then moved to annex to his last amendment "except where by
law the appointment shall be vested in the Legislatures or Executives of
the several States." M^r Randolph 2^{ded} the motion.
M^r Wilson. If this be agreed to it will soon be a standing instruction
from the State Legislatures to pass no law creating offices, unless the
app^{ts} be referred to them.
M^r Sherman objected to "Legislatures" in the motion, which was struck
out by consent of the movers.
M^r Gov^r Morris. This would be putting it in the power of the States to
say, "You shall be viceroys but we will be viceroys over you"--
The motion was negatived without a Count of the States--
Ordered unanimously that the order respecting the adjournment at 4
OClock be repealed, & that in future the House assemble at 10 OC. &
adjourn at 3 OC.
Adjourned.
SATURDAY AUGUST 25. 1787. IN CONVENTION
The 1^{st} clause of 1 Sect. of art: VII being reconsidered
Public-domain text, read in full here on John Shaqi.
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