“In my view, then, the foremost question is this: What will be the effect of this measure upon our institutions? I can not make that inquiry intelligibly without a brief reference to the history of the Constitution, and to some of the formidable questions which presented themselves to our fathers nearly a hundred years ago, when they set up this goodly frame of Government. “Among the foremost difficulties, both in point of time and magnitude, was how to create an executive head of the Nation. Our fathers encountered that difficulty the first morning after they organized and elected the officers of the Constitutional Convention. The first resolution introduced by Randolph, of Virginia, on the 29th day of May, recognized that great question, and invited the Convention to its examination. The men who made the Constitution were deeply read in the profoundest political philosophy of their day. They had learned from Montesquieu, from Locke, from Fénelon, and other good teachers of the human race, that liberty is impossible without a clear and distinct separation of the three great powers of government. A generation before their epoch, Montesquieu had said: “‘When the legislative and executive powers are united in the same person or in the same body of magistrates, there can be no liberty, because apprehensions may arise lest the same monarch or senate should enact tyrannical laws and execute them in a tyrannical manner. * * * * * “‘There would be an end of every thing were the same man or the same body, whether of the nobles or of the people, to exercise these three powers, that of enacting the laws, that of executing the public resolutions, and of trying the causes of individuals.’ “This was a fundamental truth in the American mind, as it had long been cherished and practiced in the British empire. “There, as in all monarchies, the creation of a chief executive was easily regulated by adopting a dynasty, and following the law of primogeniture. “But our fathers had drawn the deeper lesson of liberty from the inspirations of this free New World, that their Chief Executive should be born, not of a dynasty, but of the will of a free people regulated by law.