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 thought the only question that could be made was whether the
power could be safely trusted to the Senate. He thought it could; and
that the necessity of secrecy in the case of treaties forbade a
reference of them to the whole Legislature.
M^r Fitzimmons 2^{ded} the motion of M^r Wilson, & on the question
N. H. no. Mas. no. C^t no. N. J. no. P^a ay. Del. no. M^d no.
V^a ay. N. C. no. S. C. no. Geo. no.
The first sentence as to making treaties was then Agreed to; nem: con:
"He shall nominate &c. Appoint Ambassadors &c."
M^r Wilson objected to the mode of appointing, as blending a branch of
the Legislature with the Executive. Good laws are of no effect without a
good Executive; and there can be no good Executive without a responsible
appointment of officers to execute. Responsibility is in a manner
destroyed by such an agency of the Senate. He would prefer the council
proposed by Col: Mason, provided its advice should not be made
obligatory on the President.
M^r Pinkney was against joining the Senate in these appointments, except
in the instances of Ambassadors who he thought ought not to be appointed
by the President.
M^r Gov^r Morris said that as the President was to nominate, there would
be responsibility, and as the Senate was to concur, there would be
security. As Congress now make appointments there is no responsibility.
M^r Gerry. The idea of responsibility in the nomination to offices is
Chimerical. The President cannot know all characters, and can therefore
always plead ignorance.
M^r King. As the idea of a Council proposed by Col. Mason has been
supported by M^r Wilson, he would remark that most of the inconveniences
charged on the Senate are incident to a Council of Advice. He differed
from those who thought the Senate would sit constantly. He did not
suppose it was meant that all the minute officers were to be appointed
by the Senate, or any other original source, but by the higher officers
of the departments to which they belong. He was of opinion also that the
people would be alarmed at an unnecessary creation of new Corps which
must increase the expence as well as influence of the Government.
On the question on these words in the clause viz--"He shall nominate &
by & with the advice and consent of the Senate, shall appoint
ambassadors, and other public ministers (and consuls) Judges of the
Supreme Court". Agreed to nem: con: the insertion of "and consuls"
having first taken place.
On the question on the following words "And all other officers of U.S."
N. H. ay. Mas. ay. C^t ay. N. J. ay. P^a no. Del. ay. M^d ay.
V^a ay. N. C. ay. S. C. no. Geo. ay.
On motion of M^r Spaight--"that the President shall have power to fill
up all vacancies that may happen during the recess of the Senate by
granting Commissions which shall expire at the end of the next Session
of the Senate." It was agreed to nem: con:
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