SATURDAY JUNE 2^D IN COMMITTEE OF WHOLE

William Sam^l Johnson from Connecticut, Daniel of St. Thomas Jenifer,

from Mary^d, & John Lansing J^r from N. York, took their seats.

It was mov^d & 2^{ded} to postpone ye Resol: of M^r Randolph respecting

the Executive, in order to take up the 2^d branch of the Legislature;

which being negatived by Mas: Con: Del: Virg: N. C. S. C. Geo: ag^{st}

N. Y. Pen^a Mary^d. The mode of appointing the Executive was resumed.

M^r Wilson made the following motion, to be substituted for the mode

proposed by Mr. Randolph's resolution, "that the Executive Magistracy

shall be elected in the following manner: That the States be divided

into ---- districts: & that the persons qualified to vote in each

district for members of the first branch of the national Legislature

elect ---- members for their respective districts to be electors of the

Executive Magistracy, that the said Electors of the Executive magistracy

meet at ---- and they or any ---- of them so met shall proceed to elect

by ballot, but not out of their own body ---- person-- in whom the

Executive authority of the national Government shall be vested."

M^r Wilson repeated his arguments in favor of an election without the

intervention of the States. He supposed too that this mode would produce

more confidence among the people in the first magistrate, than an

election by the national Legislature.

M^r Gerry, opposed the election by the National legislature. There would

be a constant intrigue kept up for the appointment. The Legislature &

the candidates w^d bargain & play into one another's hands, votes would

be given by the former under promises or expectations from the latter,

of recompensing them by services to members of the Legislature or to

their friends. He liked the principle of M^r Wilson's motion, but fears

it would alarm & give a handle to the State partizans, as tending to

supersede altogether the State authorities. He thought the Community not

yet ripe for stripping the States of their powers, even such as might

not be requisite for local purposes. He was for waiting till the people

should feel more the necessity of it. He seemed to prefer the taking

the suffrages of the States, instead of Electors, or letting the

Legislatures nominate, and the electors appoint. He was not clear that

the people ought to act directly even in the choice of electors, being

too little informed of personal characters in large districts, and

liable to deceptions.

M^r Williamson[56] could see no advantage in the introduction of

Electors chosen by the people who would stand in the same relation to

them as the State Legislatures, whilst the expedient would be attended

with great trouble and expence.

[56] "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.

On the question for agreeing to M^r Wilson's substitute, it was

negatived: Mass^{ts} no. Con^t no. N. Y.[57] no. P^a ay. Del. no.

Mar^d ay. Virg^a no. N. C. no. S. C. no. Geo^a no.

[57] New York, in the printed Journal, divided.--Madison's Note.

On the question for electing the Executive by the national Legislature

for the term of seven years, it was agreed to, Mass^{ts} ay. Con^t ay.

N. Y. ay. Pen^a no. Del. ay. Mary^d no. V^a ay. N. C. ay. S. C. ay.

Geo. ay.

Doc^r Franklin moved that what related to the compensation for the

services of the Executive be postponed, in order to substitute--"whose

necessary expences shall be defrayed, but who shall receive no salary,

stipend fee or reward whatsoever for their services." He said that being

very sensible of the effect of age on his memory, he had been unwilling

to trust to that for the observations which seemed to support his motion

and had reduced them to writing, that he might with the permission of

the Committee read instead of speaking them. M^r Wilson made an offer to

read the paper, which was accepted. The following is a literal copy of

the paper:

Sir,

It is with reluctance that I rise to express a disapprobation of

any one article of the plan for which we are so much obliged to

the honorable gentleman who laid it before us. From its first

reading I have borne a good will to it, and in general wished it

success. In this particular of salaries to the Executive branch

I happen to differ; and as my opinion may appear new and

chimerical, it is only from a persuasion that it is right, and

from a sense of duty that I hazard it. The Committee will judge

of my reasons when they have heard them, and their judgment may

possibly change mine.--I think I see inconveniences in the

appointment of salaries; I see none in refusing them, but on the

contrary, great advantages.

Sir, there are two passions which have a powerful influence on

the affairs of men. These are ambition and avarice; the love of

power, and the love of money. Separately each of these has great

force in prompting men to action; but when united in view of the

same object, they have in many minds the most violent effects.

Place before the eyes of such men, a post of _honour_ that shall

be at the same time a place of _profit_, and they will move

heaven and earth to obtain it. The vast number of such places it

is that renders the British Government so tempestuous. The

struggles for them are the true sources of all those factions

which are perpetually dividing the Nation, distracting its

Councils, hurrying sometimes into fruitless & mischievous wars,

and often compelling a submission to dishonorable terms of

peace.

And of what kind are the men that will strive for this

profitable pre-eminence, through all the bustle of cabal, the

heat of contention, the infinite mutual abuse of parties,

tearing to pieces the best of characters? It will not be the

wise and moderate, the lovers of peace and good order, the men

fittest for the trust. It will be the bold and the violent, the

men of strong passions and indefatigable activity in their

selfish pursuits. These will thrust themselves into your

Government and be your rulers.--And these too will be mistaken

in the expected happiness of their situation: For their

vanquished competitors of the same spirit, and from the same

motives will perpetually be endeavouring to distress their

administration, thwart their measures, and render them odious to

the people.

Besides these evils, Sir, tho' we may set out in the beginning

with moderate salaries, we shall find that such will not be of

long continuance. Reasons will never be wanting for proposed

augmentations. And there will always be a party for giving more

to the rulers, that the rulers may be able in return to give

more to them. Hence as all history informs us, there has been in

every State & Kingdom a constant kind of warfare between the

Governing & Governed; the one striving to obtain more for its

support, and the other to pay less. And this has alone

occasioned great convulsions, actual civil wars, ending either

in dethroning of the Princes, or enslaving of the people.

Generally indeed the ruling power carries its point, the

revenues of princes constantly increasing, and we see that they

are never satisfied, but always in want of more. The more the

people are discontented with the oppression of taxes; the

greater need the prince has of money to distribute among his

partizans and pay the troops that are to suppress all

resistance, and enable him to plunder at pleasure. There is

scarce a king in an hundred who would not, if he could, follow

the example of Pharoah, get first all the people's money, then

all their lands, and then make them and their children servants

for ever. It will be said, that we don't propose to establish

Kings. I know it. But there is a natural inclination in mankind

to Kingly Government. It sometimes relieves them from

Aristocratic domination. They had rather have one tyrant than

five hundred. It gives more of the appearance of equality among

Citizens, and that they like. I am apprehensive therefore,

perhaps too apprehensive, that the Government of these States,

may in future times, end in a Monarchy. But this Catastrophe I

think may be long delayed, if in our proposed System we do not

sow the seeds of contention, faction & tumult, by making our

posts of honor, places of profit. If we do, I fear that tho' we

do employ at first a number, and not a single person, the number

will in time be set aside, it will only nourish the foetus of a

King, as the honorable gentleman from Virginia very aptly

expressed it, and a King will the sooner be set over us.

It may be imagined by some that this is an Utopian Idea, and

that we can never find men to serve us in the Executive

department, without paying them well for their services. I

conceive this to be a mistake. Some existing facts present

themselves to me, which incline me to a contrary opinion. The

high Sheriff of a County in England is an honorable office, but

it is not a profitable one. It is rather expensive and therefore

not sought for. But yet, it is executed and well executed, and

usually by some of the principal Gentlemen of the County. In

France, the office of Counsellor, or Member of their Judiciary

Parliaments is more honorable. It is therefore purchased at a

high price: There are indeed fees on the law proceedings, which

are divided among them, but these fees do not amount to more

than three Per Cent on the sum paid for the place. Therefore as

legal interest is there at five PerC^t they in fact pay two

PerC^t for being allowed to do the Judiciary business of the

Nation, which is at the same time entirely exempt from the

burden of paying them any salaries for their services. I do not

however mean to recommend this as an eligible mode for our

Judiciary department. I only bring the instance to shew that the

pleasure of doing good & serving their Country and the respect

such conduct entitles them to, are sufficient motives with some

minds to give up a great portion of their time to the Public,

without the mean inducement of pecuniary satisfaction.

Another instance is that of a respectable Society who have made

the experiment, and practised it with success more than one

hundred years. I mean the Quakers. It is an established rule

with them, that they are not to go to law; but in their

controversies they must apply to their monthly, quarterly and

yearly meetings. Committees of these sit with patience to hear

the parties, and spend much time in composing their differences.

In doing this, they are supported by a sense of duty, and the

respect paid to usefulness. It is honorable to be so employed,

but it is never made profitable by salaries, fees or

perquisites. And indeed in all cases of Public service the less

the profit the greater the honor.

To bring the matter nearer home, have we not seen, the great and

most important of our offices, that of General of our armies

executed for eight years together without the smallest salary,

by a Patriot whom I will not now offend by any other praise; and

this through fatigues and distresses in common with the other

brave men his military friends & companions, and the constant

anxieties peculiar to his station? And shall we doubt finding

three or four men in all the U. States, with public spirit

enough to bear sitting in peaceful Council for perhaps an equal

term, merely to preside over our civil concerns, and see that

our laws are duly executed. Sir, I have a better opinion of our

Country. I think we shall never be without a sufficient number

of wise and good men to undertake and execute well and

faithfully the office in question.

Sir. The saving of the salaries that may at first be proposed is

not an object with me. The subsequent mischiefs of proposing

them are what I apprehend. And therefore it is, that I move the

amendment. If it is not seconded or accepted I must be contented

with the satisfaction of having delivered my opinion frankly and

done my duty.

The motion was seconded by Col. Hamilton, with the view he said merely

of bringing so respectable a proposition before the Committee, and

which was besides enforced by arguments that had a certain degree of

weight. No debate ensued, and the proposition was postponed for the

consideration of the members. It was treated with great respect, but

rather for the author of it, than from any apparent conviction of its

expediency or practicability.

M^r Dickinson moved,[58] "that the Executive be made removable by the

National Legislature on the request of a majority of the Legislatures of

individual States." It was necessary he said to place the power of

removing somewhere. He did not like the plan of impeaching the Great

officers of State. He did not know how provision could be made for

removal of them in a better mode than that which he had proposed. He had

no idea of abolishing the State Governments as some gentlemen seemed

inclined to do. The happiness of this Country in his opinion required

considerable powers to be left in the hands of the States.

[58] "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.

M^r Bedford seconded the motion.

M^r Sherman contended that the national Legislature should have power to

remove the Executive at pleasure.

M^r Mason. Some mode of displacing an unfit magistrate is rendered

indispensable by the fallibility of those who choose, as well as by the

corruptibility of the man chosen. He opposed decidedly the making the

Executive the mere creature of the Legislature as a violation of the

fundamental principle of good Government.

M^r Madison & M^r Wilson observed that it would leave an equality of

agency in the small with the great States; that it would enable a

minority of the people to prevent y^e removal of an officer who had

rendered himself justly criminal in the eyes of a majority; that it

would open a door for intrigues ag^{st} him in States where his

administration tho' just might be unpopular, and might tempt him to pay

court to particular States whose leading partizans he might fear, or

wish to engage as his partizans. They both thought it bad policy to

introduce such a mixture of the State authorities, where their agency

could be otherwise supplied.

M^r Dickinson considered the business as so important that no man ought

to be silent or reserved. He went into a discourse of some length, the

sum of which was, that the Legislative, Executive, & Judiciary

departments ought to be made as independ^t as possible; but that such an

Executive as some seemed to have in contemplation was not consistent

with a republic: that a firm Executive could only exist in a limited

monarchy. In the British Gov^t itself the weight of the Executive arises

from the attachments which the Crown draws to itself, & not merely from

the force of its prerogatives. In place of these attachments we must

look out for something else. One source of stability is the double

branch of the Legislature. The division of the Country into distinct

States formed the other principal source of stability. This division

ought therefore to be maintained, and considerable powers to be left

with the States. This was the ground of his consolation for the future

fate of his Country. Without this, and in case of a consolidation of the

States into one great Republic, we might read its fate in the history of

smaller ones. A limited Monarchy he considered as _one_ of the best

Governments in the world. It was not _certain_ that the same blessings

were derivable from any other form. It was certain that equal blessings

had never yet been derived from any of the republican form. A limited

Monarchy however was out of the question. The spirit of the times--the

state of our affairs forbade the experiment, if it were desireable. Was

it possible moreover in the nature of things to introduce it even if

these obstacles were less insuperable. A House of Nobles was essential

to such a Gov^t could these be created by a breath, or by a stroke of

the pen? No. They were the growth of ages, and could only arise under a

complication of circumstances none of which existed in this Country. But

though a form the most perfect _perhaps_ in itself be unattainable, we

must not despair. If antient republics have been found to flourish for a

moment only & then vanish for ever, it only proves that they were badly

constituted; and that we ought to seek for every remedy for their

diseases. One of these remedies he conceived to be the accidental lucky

division of this Country into distinct States; a division which some

seemed desirous to abolish altogether.

As to the point of representation in the national Legislature as it

might affect States of different sizes, he said it must probably end in

mutual concession. He hoped that each State would retain an equal voice

at least in one branch of the National Legislature, and supposed the

sums paid within each State would form a better ratio for the other

branch than either the number of inhabitants or the quantum of

property.[59]

[59] According to Pierce: "M^r 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.

A motion being made to strike out, "on request by a majority of the

Legislatures of the individual States," and rejected, Connecticut, S.

Carol: & Geo. being ay, the rest no: the question on M^r Dickinson's

motion for making Executive removable by Nat^l Legislature at request of

majority of State Legislatures was also rejected all the States being in

the negative Except Delaware which gave an affirmative vote.

The Question for making y^e Executive ineligible after seven years, was

next taken and agreed to: Mass^{ts} ay. Con^t no. N. Y. ay. P^a div^d.

Del. ay. Mary^d ay. V^a ay. N. C. ay. S. C. ay. Geo. no.[60]

[60] In printed Journal Geo. ay.--Madison's Note.

M^r Williamson 2^{ded} by M^r Davie[61] 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.

[61] "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.

M^r Rutlidge & M^r C. Pinkney moved that the blank for the n^o 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.

M^r 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 establishm^t 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.

M^r 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 postp^d, the Committee rose & the House Adj^d.

The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 1 · 第 34 / 114 题