Mr Broome moved to refer the two clauses to a Committee of a member from each State, & on the question, it failed the States being equally divided.
N. H. no. Mas. no. Ct divd. N. J. ay. Pa ay. Del. ay. Md ay. Va ay. N. C. no. S. C. no. Geo. no.
On the question taken on the first part of Mr Govr Morris's motion to wit "shall be chosen by electors" as an abstract question, it failed the States being equally divided,
N. H. no. Mas. abst. Ct divd. N. Jersey ay. Pa ay. Del. ay. Md divd. Va ay. N. C. no. S. C. no. Geo. no.
The consideration of the remaining clauses of Sect. 1. art. X. was then postponed till tomorrow at the instance of the Deputies of New Jersey.
Sect. 2. Art: X being taken up, the word information was transposed & inserted after "Legislature."
On motion of Mr Govr Morris, "he may" was struck out, & "and" inserted before "recommend" in the clause 2d sect 2d art: X. in order to make it the duty of the President to recommend, & thence prevent umbrage or cavil at his doing it.
Mr Sherman objected to the sentence "and shall appoint officers in all cases not otherwise provided for by this Constitution." He admitted it to be proper that many officers in the Executive Department should be so appointed–but contended that many ought not, as general officers in the army in time of peace &c. Herein lay the corruption in G. Britain. If the Executive can model the army, he may set up an absolute Government; taking advantage of the close of a war and an army commanded by his creatures. James 2d was not obeyed by his officers because they had been appointed by his predecessors not by himself. He moved to insert "or by law" after the word "Constitution."
On motion of Mr Madison "officers" was struck out and "to offices" inserted, in order to obviate doubts that he might appoint officers without a previous creation of the offices by the Legislature.
On the question for inserting "or by law" as moved by Mr Sherman