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
On the question now taken on M^r Dickinson's motion of yesterday,
allowing appointments to offices, to be referred by the Gen^l
Legislature to the Executives of the several States as a further
amendment to sect. 2. art. X, the votes were
N. H. no. Mas. no. C^t ay. P^a no. Del. no. M^d divided. V^a ay.
N. C. no. S. C. no. Geo. ay.
In amendment of the same section, "other public Ministers" were inserted
after "ambassadors."
M^r Gov^r Morris moved to strike out of the section--"and may correspond
with the supreme Executives of the several States" as unnecessary and
implying that he could not correspond with others. M^r Broome 2^{ded}
him.
On the question
N. H. ay. Mas. ay. C^t ay. P^a ay. Del. ay. M^d no. V^a ay.
N. C. ay. S. C. ay. Geo. ay.
"Shall receive ambassadors & other public Ministers," agreed to, nem.
con.
M^r Sherman moved to amend the "power to grant reprieves & pardon" so as
to read "to grant reprieves until the ensuing session of the Senate, and
pardons with consent of the Senate."
On the question
N. H. no. Mas. no. C^t ay. P^a no. M^d no. V^a no. N. C. no.
S. C. no. Geo. no.
"except in cases of impeachment" inserted nem. con: after "pardon."
On the question to agree to--"but his pardon shall not be pleadable in
bar"
N. H. ay. Mas. no. C^t no. P^a no. Del. no. M^d ay. V^a no.
N. C. ay. S. C. ay. Geo. no.
Adjourned.
MONDAY AUG^{ST} 27^{TH}. 1787. IN CONVENTION
Art X. Sect 2. being resumed,
M^r L. Martin moved to insert the words "after conviction" after the
words "reprieves and pardons."
M^r Wilson objected that pardon before conviction might be necessary in
order to obtain the testimony of accomplices. He stated the case of
forgeries in which this might particularly happen.--M^r L. Martin
withdrew his motion.
M^r Sherman moved to amend the clause giving the Executive the command
of the Militia, so as to read "and of the Militia of the several States,
_when called into the actual service of the U. S._" and on the Question
N. H. ay. Mas. abs^t. C^t ay. N. J. abs^t. P^a ay. Del. no.
M^d ay. V^a ay. N. C. abs^t. S. C. no. Geo. ay.
The clause for removing the President on impeachment by the House of
Rep^s and conviction in the supreme Court, of Treason, Bribery or
corruption, was postponed nem: con: at the instance of M^r Gov^r Morris,
who thought the Tribunal an improper one, particularly, if the first
Judge was to be of the privy Council.
M^r Gov^r Morris objected also to the President of the Senate being
provisional successor to the President, and suggested a designation of
the Chief Justice.
M^r Madison added as a ground of objection that the Senate might retard
the appointment of a President in order to carry points whilst the
revisionary power was in the President of their own body, but suggested
that the Executive powers during a vacancy, be administered by the
persons composing the Council to the President.
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