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MONDAY, JUNE 4TH.

In Committee of the Whole.-The question was resumed, on motion of Mr. PINCKNEY, seconded by Mr. WILSON, 'shall the blank for the number of the Executive be filled with a single person ?'

It had

Mr. WILSON was in favor of the motion. been opposed by the gentleman from Virginia (Mr. RANDOLPH); but the arguments used had not convinced him. He observed, that the objections of Mr. RANDOLPH were levelled not so much against the measure itself, as against its unpopularity. If he could suppose that it would occasion a rejection of the plan of which it should form a part, though the part were an important one, yet he would give it up rather than lose the whole. On examination, he could see no evidence of the alleged antipathy of the people. On the contrary, he was persuaded that it does not exist. All know that a single magistrate is not a king. One fact has great weight with him. All the thirteen States, though agreeing in scarce any other instance, agree in placing a single magistrate at the head of the government. The idea of three heads has taken place in none. The degree of power is, indeed, different; but there are no co-ordinate heads. In addition to his former reasons for preferring a unity, he would mention another. The tranquillity, not less than the vigor, of the government, he thought, would be favored by it. Among three equal members, he foresaw nothing but uncontrolled, continued, and violent animosities; which would not only interrupt the

public administration, but diffuse their poison through the other branches of government, through the states, and at length through the people at large. If the members were to be unequal in power, the principle of opposition to the unity was given up. If equal, the making them an odd number would not be a remedy. In courts of justice there are two sides only to a question. In the legislative and executive departments, questions have commonly many sides. Each member, therefore, might espouse a separate one, and no two agree.

Mr. SHERMAN. This matter is of great importance, and ought to be well considered before it is determined. Mr. WILSON, he said, had observed that in each State a single magistrate was placed at the head of the government. It was so, he admitted, and properly so; and he wished the same policy to prevail in the Federal Government. But then it should be also remarked, that in all the States there was a council of advice, without which the first magistrate could not act. A council he thought necessary to make the establishment acceptable to the people. Even in Great Britain, the King has a council; and though he appoints it himself, its advice has its weight with him, and attracts the confidence of the people.

Mr. WILLIAMSON asks Mr. WILSON, whether he means to annex a Council.

Mr. WILSON means to have no Council, which oftener serves to cover, than prevent malpractices.

Mr. GERRY was at a loss to discover the policy of three members for the Executive. It would be extremely inconvenient in many instances, particularly

in military matters, whether relating to the militia, an army, or a navy. It would be a general with three heads.

On the question for a single Executive, it was agreed to,-Massachusetts, Connecticut, Pennsylva-nia, Virginia, (Mr. RANDOLPH and Mr. BLAIR, no; Doctor MCCLURG, Mr. MADISON, and General WASHINGTON, aye; Colonel MASON being no, but not in the House, Mr. WYTHE, aye, but gone home), North Carolina, South Carolina, Georgia, aye-7; New York, Delaware, Maryland, no-3.18

The first clause of the eighth Resolution, relating to a council of revision, was next taken into consideration.

Mr. GERRY doubts whether the Judiciary ought to form a part of it, as they will have a sufficient check against encroachments on their own department by their exposition of the laws, which involved a power of deciding on their constitutionality. In some States the judges had actually set aside laws, as being against the Constitution. This was done, too, with general approbation. It was quite foreign from the nature of their office to make them judges of the policy of public measures. He moves to postpone the clause, in order to propose, "that the National Executive shall have a right to negative any legislative act, which shall not be afterwards passed by -parts of each branch of the

National Legislature."

Mr. KING seconded the motion, observing that the judges ought to be able to expound the law, as it should come before them, free from the bias of having participated in its formation.

Mr. WILSON thinks neither the original proposition nor the amendment goes far enough. If the Legislative, Executive, and Judiciary ought to be distinct and independent, the Executive ought to have an absolute negative. Without such a self-defence, the Legislature can at any moment sink it into nonexistence. He was for varying the proposition, in such a manner as to give the Executive and Judiciary jointly an absolute negative.

On the question to postpone, in order to take Mr. GERRY'S proposition into consideration, it was agreed to, Massachusetts, New York, Pennsylvania, North Carolina, South Carolina, Georgia, aye-6; Connecticut, Delaware, Maryland, Virginia, no-4.

Mr. GERRY'S proposition being now before the Committee, Mr. WILSON and Mr. HAMILTON move, that the last part of it (viz. "which shall not be afterwards passed by parts of each branch of the National Legislature"), be struck out, so as to give the Executive an absolute negative on the laws. There was no danger, they thought, of such a power being too much exercised. It was mentioned by Colonel HAMILTON that the King of Great Britain had not exerted his negative since the Revolution.

Mr. GERRY sees no necessity for so great a control over the Legislature, as the best men in the community would be comprised in the two branches of it.

Doctor FRANKLIN said he was sorry to differ from his colleague, for whom he had a very great respect, on any occasion, but he could not help it on this. He had had some experience of this check in the Executive on the Legislature, under the proprietary

government of Pennsylvania. The negative of the Governor was constantly made use of to extort money. No good law whatever could be passed without a private bargain with him. An increase of his salary, or some donation, was always made a condition; till at last it became the regular practice, to have orders in his favor on the Treasury, presented along with the bills to be signed, so that he might actually receive the former before he should sign the latter. When the Indians were scalping the western people, and notice of it arrived, the concurrence of the Governor in the means of selfdefence could not be got, till it was agreed that his estate should be exempted from taxation: so that the people were to fight for the security of his property, whilst he was to bear no share of the burden. This was a mischievous sort of check. If the Executive was to have a Council, such a power would be less objectionable. It was true, the King of Great Britain had not, as was said, exerted his negative since the Revolution; but that matter was easily explained. The bribes and emoluments now given to the members of parliament rendered it unnecessary, every thing being done according to the will of the ministers. He was afraid, if a negative should be given as proposed, that more power and money would be demanded, till at last enough would be got to influence and bribe the Legislature into a complete subjection to the will of the Executive.

*

Mr. SHERMAN was against enabling any one man to stop the will of the whole. No one man could be found so far above all the rest in wisdom. He

VOL. I.-50

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