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
Col: Mason[60] said that in rejecting a Council to the President we were
about to try an experiment on which the most despotic Government had
never ventured. The Grand Signor himself had his Divan. He moved to
postpone the consideration of the clause in order to take up the
following.
[60] In the printed Journal, M^r Madison is erroneously
substituted for Col: Mason.--Madison's Note.
"That it be an instruction to the Committee of the States to
prepare a clause or clauses for establishing an Executive
Council, as a Council of State for the President of the U.
States, to consist of six members, two of which from the
Eastern, two from the middle, and two from the Southern States,
with a Rotation and duration of office similar to those of the
Senate; such Council to be appointed by the Legislature or by
the Senate."
Doctor Franklin 2^{ded} the motion. We seemed he said too much to fear
cabals in appointments by a number, and to have too much confidence in
those of single persons. Experience shewed that caprice, the intrigues
of favorites & mistresses, were nevertheless the means most prevalent in
monarchies. Among instances of abuse in such modes of appointment, he
mentioned the many bad Governors appointed in G. B. for the Colonies. He
thought a Council would not only be a check on a bad President but be a
relief to a good one.
M^r Gov^r Morris. The question of a Council was considered in the
Committee, where it was judged that the Presid^t by persuading his
Council to concur in his wrong measures, would acquire their protection
for them.
M^r Wilson approved of a Council in preference to making the Senate a
party to appointm^{ts}.
M^r Dickinson was for a Council. It w^d be a singular thing if the
measures of the Executive were not to undergo some previous discussion
before the President.
M^r Madison was in favor of the instruction to the Committee proposed by
Col: Mason.
The motion of M^r Mason was negatived.
May^d ay. S. C. ay. Geo. ay.--N. H. no. Mas. no. C^t no.
N. J. no. P^a no. Del. no. V^a no. N. C. no.
On the question, "authorizing the President to call for the opinions of
the Heads of Departments, in writing": it passed in the affirmative N.
H. only being no.[61]
[61] Not so stated in the printed Journal; but conformable to
the result afterwards appearing.--Madison's Note.
The clause was then unanimously agreed to--
M^r Williamson & M^r Spaight moved "that no Treaty of peace affecting
Territorial rights sh^d be made without the concurrence of two thirds of
the members of the Senate present."
M^r King. It will be necessary to look out for securities for some other
rights, if this principle be established; he moved to extend the
motion--"to all present rights of the U. States."
Adjourned.
SATURDAY SEPTEMBER 8^{TH} IN CONVENTION
The last Report of the Committee of Eleven (see Sep^r 4) was resumed.
Public-domain text, read in full here on John Shaqi.
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