M^r Randolph moved to except "cases of treason." The prerogative of pardon in these cases was too great a trust. The President may himself be guilty. The Traitors may be his own instruments. Col: Mason supported the motion. M^r Gov^r Morris had rather there should be no pardon for treason, than let the power devolve on the Legislature. M^r Wilson. Pardon is necessary for cases of treason, and is best placed in the hands of the Executive. If he be himself a party to the guilt he can be impeached and prosecuted. M^r King thought it would be inconsistent with the Constitutional separation of the Executive & Legislative powers to let the prerogative be exercised by the latter. A Legislative body is utterly unfit for the purpose. They are governed too much by the passions of the moment. In Massachusetts, one assembly would have hung all the insurgents in that State: the next was equally disposed to pardon them all. He suggested the expedient of requiring the concurrence of the Senate in acts of Pardon. M^r Madison admitted the force of objections to the Legislature, but the pardon of treasons was so peculiarly improper for the President that he should acquiesce in the transfer of it to the former, rather than leave it altogether in the hands of the latter. He would prefer to either an association of the Senate as a Council of advice, with the President. M^r Randolph could not admit the Senate into a share of the power. The great danger to liberty lay in a combination between the President & that body. Col: Mason. The Senate has already too much power. There can be no danger of too much lenity in legislative pardons, as the Senate must concur, & the President moreover can require 2/3 of both Houses. On the motion of M^r Randolph N. H. no.--Mas. no. C^t div^d. N. J. no. P^a no. Del. no. M^d no. V^a ay. N. C. no. S. C. no. Geo. ay. Art II. Sect. 2. (paragraph 2) To the end of this, M^r Govern^r Morris moved to annex "but the Congress may by law vest the appointment of such inferior officers as they think proper, in the President alone, in the Courts of law, or in the heads of Departments." M^r Sherman 2^{ded} the motion. M^r Madison. It does not go far enough if it be necessary at all. Superior officers below Heads of Departments ought in some cases to have the appointment of the lesser offices. M^r Gov^r Morris. There is no necessity. Blank commissions can be sent-- On the motion N. H. ay. Mas. no. C^t ay. N. J. ay. P^a ay. Del. no. M^d div^d. V^a no. N. C. ay. S. C. no. Geo. no. The motion being lost by an equal division of votes. It was urged that it be put a second time some such provision being too necessary to be omitted, and on a second question it was agreed to nem: con. Art. II. Sect. 1. The words "and not per capita" were struck out as superfluous and the words "by the Representatives" also--as improper, the choice of President being in another mode as well as eventually by the House of Rep^s.