Mr Sherman moved to amend the clause giving the Executive the command of the Militia, so as to read "and of the Militia of the several States, when called into the actual service of the U. S." and on the Question
N. H. ay. Mas. abst. Ct ay. N. J. abst. Pa ay. Del. no. Md ay. Va ay. N. C. abst. S. C. no. Geo. ay.
The clause for removing the President on impeachment by the House of Reps and conviction in the supreme Court, of Treason, Bribery or corruption, was postponed nem: con: at the instance of Mr Govr Morris, who thought the Tribunal an improper one, particularly, if the first Judge was to be of the privy Council.
Mr Govr Morris objected also to the President of the Senate being provisional successor to the President, and suggested a designation of the Chief Justice.
Mr Madison added as a ground of objection that the Senate might retard the appointment of a President in order to carry points whilst the revisionary power was in the President of their own body, but suggested that the Executive powers during a vacancy, be administered by the persons composing the Council to the President.
Mr Williamson suggested that the Legislature ought to have power to provide for occasional successors, & moved that the last clause (of 2 sect. X art:) relating to a provisional successor to the President, be postponed.
Mr Dickinson 2ded the postponement, remarking that it was too vague. What is the extent of the term "disability" and who is to be the judge of it?
The postponement was agreed to nem: con:
Col: Mason & Mr Madison moved to add to the oath to be taken by the supreme Executive "and will to the best of my judgment and power preserve protect and defend the Constitution of the U. S."
Mr Wilson thought the general provision for oaths of office, in a subsequent place, rendered the amendment unnecessary.—