The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1

by United States. Constitutional Convention; James Madison

M^r Pinkney moved to amend the amendment by striking out the last member of it; viz: "and to execute such other powers not Legislative nor Judiciary in their nature as may from time to time be delegated." He said they were unnecessary, the object of them being included in the "power to carry into effect the national laws."

M^r Randolph seconded the motion.

M^r Madison did not know that the words were absolutely necessary, or even the preceding words, "to appoint to offices &c. the whole being perhaps included in the first member of the proposition. He did not however see any inconveniency in retaining them, and cases might happen in which they might serve to prevent doubts and misconstructions.

In consequence of the motion of M^r Pinkney, the question on M^r Madison's motion was divided; and the words objected to by M^r Pinkney struck out; by the votes of Connecticut, N. Y., N. J., Pen^a, Del., N. C., & Geo. ag^st Mass., Virg^a & S. Carolina the preceding part of the motion being first agreed to; Connecticut divided all the other States in the affirmative.

The next clause in Resolution 7, relating to the mode of appointing, & the duration of, the Executive being under consideration,

M^r Wilson said he was almost unwilling to declare the mode which he wished to take place, being apprehensive that it might appear chimerical. He would say however at least that in theory he was for an election by the people. Experience, particularly in N. York & Mass^ts, shewed that an election of the first magistrate by the people at large, was both a convenient & successful mode. The objects of choice in such cases must be persons whose merits have general notoriety.

M^r Sherman was for the appointment by the Legislature, and for making him absolutely dependent on that body, as it was the will of that which was to be executed. An independence of the Executive on the supreme Legislature, was in his opinion the very essence of tyranny if there was any such thing.

M^r Wilson moves that the blank for the term of duration should be filled with three years, observing at the same time that he preferred this short period, on the supposition that a re-eligibility would be provided for.

M^r Pinkney moves for seven years.

M^r Sherman was for three years, and ag^st the doctrine of rotation as throwing out of office the men best qualified to execute its duties.