The Formation & Evolution of the American Constitution. Madison James
rel="nofollow" href="#ulink_43617efc-e039-5bf1-a5c4-93dca3776f8c">6 moved to add to the last clause, the words — "and to be removable on impeachment & conviction of mal-practice or neglect of duty" — which was agreed to.
Mr. Rutlidge & Mr. C. Pinkney moved that the blank for the No. of persons in the Executive be filled with the words "one person." He supposed the reasons to be so obvious & conclusive in favor of one that no member would oppose the motion.
Mr. Randolph opposed it with great earnestness, declaring that he should not do justice to the Country which sent him if he were silently to suffer the establishment of a Unity in the Executive department. He felt an opposition to it which he believed he should continue to feel as long as he lived. He urged 1. that the permanent temper of the people was adverse to the very semblance of Monarchy. 2. that a unity was unnecessary a plurality being equally competent to all the objects of the department. 3. that the necessary confidence would never be reposed in a single Magistrate. 4. that the appointments would generally be in favor of some inhabitant near the center of the Community, and consequently the remote parts would not be on an equal footing. He was in favor of three members of the Executive to be drawn from different portions of the country.
Mr. Butler contended strongly for a single magistrate as most likely to answer the purpose of the remote parts. If one man should be appointed he would be responsible to the whole, and would be impartial to its interests. If three or more should be taken from as many districts, there would be a constant struggle for local advantages. In Military matters this would be particularly mischievous. He said his opinion on this point had been formed under the opportunity he had had of seeing the manner in which a plurality of military heads distracted Holland when threatened with invasion by the imperial troops. One man was for directing the force to the defence of this part, another to that part of the Country, just as he happened to be swayed by prejudice or interest.
The motion was then postponed, the Committee rose & the House Adjourned.
1 "Mr. Williamson is a Gentleman of education and talents. He enters freely into public debate from his close attention to most subjects, but he is no Orator. There is a great degree of good humour and pleasantry in his character; and in his manners there is a strong trait of the Gentleman. He is about 48 years of age." — Pierce's Notes, Amer. Hist. Rev., iii., 332.
2 New York, in the printed Journal, divided. — Madison's Note.
3 "Mr. Dickinson has been famed through all America for his Farmers Letters; he is a Scholar, and said to be a Man of very extensive information. When I saw him in the Convention I was induced to pay the greatest attention to him whenever he spoke. I had often heard that he was a great Orator, but I found him an indifferent Speaker. With an affected air of wisdom he labors to produce a trifle, — his language is irregular and incorrect, — his flourishes, (for he sometimes attempts them,) are like expiring flames, they just shew themselves and go out; — no traces of them are left on the mind to chear or animate it. He is, however, a good writer and will be ever considered one of the most important characters in the United States. He is about 55 years old, and was bred a Quaker." — Pierce's Notes, Am. Hist. Rev., iii., 329.
4 According to Pierce: "Mr. Madison said it was far from being his wish that every executive Officer should remain in Office, without being amenable to some Body for his conduct." — Pierce's Notes, Am. Hist. Rev., iii., 321.
5 In printed Journal Geo. ay. — Madison's Note.
6 "Mr. Davey is a Lawyer of some eminence in his State. He is said to have a good classical education, and is a Gentleman of considerable literary talents. He was silent in the Convention, but his opinion was always respected. Mr. Davy is about 30 years of age." — Pierce's Notes, Am. Hist. Rev., iii., 332.
Monday June 4. In Committee of the Whole
The Question was resumed on motion of Mr. Pinkney, seconded by Mr. Wilson, "shall the blank for the number of the Executive be filled with a single person?"
Mr. Wilson was in favor of the motion. It had been opposed by the gentleman from Virginia (Mr. Randolph) but the arguments used had not convinced him. He observed that the objections of Mr. R. 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 alledged 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 13 States tho 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 uncontrouled, continued, & violent animosities; which would not only interrupt the public administration; but diffuse their poison thro' the other branches of Government, thro' the States, and at length thro' 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 & Executive departments questions have commonly many sides. Each member therefore might espouse a separate one & no two agree.1
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 G. B. 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 ay. Connecticut ay. N. Y. no. Pennsylvania ay. Del. no. Maryland no. Virginia ay. (Mr. R. & Mr. Blair no — Doctor McCg Mr. M. & Gen. W. ay. Col. Mason being no, but not in the house, Mr. Wythe ay. but gone home). N. C. ay. S. C. ay. Georgia ay.
First Clause of Proposition 8th relating to a Council of Revision 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 the office to make them