Col: Mason. The Senate has already too much power. There can be no danger of too much lenity in legislative pardons, as the Senate must concur, & the President moreover can require 2/3 of both Houses.
On the motion of Mr Randolph
N. H. no.–Mas. no. Ct divd. N. J. no. Pa no. Del. no. Md no. Va ay. N. C. no. S. C. no. Geo. ay.
Art II. Sect. 2. (paragraph 2) To the end of this, Mr Governr Morris moved to annex "but the Congress may by law vest the appointment of such inferior officers as they think proper, in the President alone, in the Courts of law, or in the heads of Departments." Mr Sherman 2ded the motion.
Mr Madison. It does not go far enough if it be necessary at all. Superior officers below Heads of Departments ought in some cases to have the appointment of the lesser offices.
Mr Govr Morris. There is no necessity. Blank commissions can be sent—
On the motion
N. H. ay. Mas. no. Ct ay. N. J. ay. Pa ay. Del. no. Md divd. Va no. N. C. ay. S. C. no. Geo. no.
The motion being lost by an equal division of votes. It was urged that it be put a second time some such provision being too necessary to be omitted, and on a second question it was agreed to nem: con.
Art. II. Sect. 1. The words "and not per capita" were struck out as superfluous and the words "by the Representatives" also–as improper, the choice of President being in another mode as well as eventually by the House of Reps.