Mr Rutlidge and Docr Franklin moved to annex to the end of paragraph 7. Sect. 1. Art II–"and he (the President) shall not receive, within that period, any other emolument from the U. S. or any of them." on which question
N. H. ay. Mas. ay. Ct no. N. J. no. Pa ay. Del. no. Md ay. Va ay. N. C. no. S. C. ay. Geo.–ay.
Art: II. Sect. 2. "he shall have power to grant reprieves and pardons for offences against the U. s. &c."
Mr 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.
Mr Govr Morris had rather there should be no pardon for treason, than let the power devolve on the Legislature.
Mr 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.
Mr 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.
Mr 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.
Mr 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.