years by

Mr. WILSON then moved, that the Executive be chosen every Electors, to be taken by lot from the National Legislature, who shall proceed immediately to the choice of the Executive, and not separate until it be made.

Mr. CARROLL seconds the motion.

Mr. GERRY. This is committing too much to chance. If the lot should fall on a set of unworthy men, an unworthy Executive must be saddled on the country. He thought it had been demonstrated that no possible mode of electing by the Legislature could be a good one.

Mr. KING. The lot might fall on a majority from the same State, which would insure the election of a man from that State. We ought to be governed by reason, not by chance. As nobody seemed to be satisfied, he wished the matter to be postponed.

Mr. WILSON did not move this as the best mode. His opinion remained unshaken, that we ought to resort to the people for the election. He seconded the postponement.

Mr. GOUVERNEUR MORRIS observed, that the chances were almost infinite against a majority of Electors from the same State.

On a question whether the last motion was in order, it was determined in the affirmative, ayes, 7; noes, 4.

On the question of postponement, it was agreed to, nem. con.

Mr. CARROLL took occasion to observe, that he considered the clause declaring that direct taxation on the States should be in proportion to representation, previous to the obtaining an actual census, as

very objectionable; and that he reserved to himself the right of opposing it, if the report of the Committee of detail should leave it in the plan.

Mr. GOUVERNEUR MORRIS hoped the Committee would strike out the whole of the clause proportioning direct taxation to representation. He had only meant it as a bridge to assist us over a certain gulf; having passed the gulf, the bridge may be removed. He thought the principle laid down with so much strictness liable to strong objections.

On a ballot for a committee to report a Constitution conformable to the Resolutions passed by the Convention, the members chosen were:

Mr. RUTLEDGE, Mr. RANDOLPH, Mr. GORHAM, Mr. ELLSWORTH, Mr. WILSON.

On motion to discharge the Committee of the Whole from the propositions submitted to the Convention by Mr. C. PINCKNEY as the basis of a Constitution, and to refer them to the Committee of Detail just appointed, it was agreed to, nem. con.

A like motion was then made and agreed to, nem. con., with respect to the propositions of Mr. PATTER

SON.

Adjourned.

WEDNESDAY, JULY 25TH.

In Convention. The clause relating to the Executive being again under consideration,

* The object was to lessen the eagerness, on one side, for, and the opposition, on the other, to, the share of representation claimed by the Southern States on account of the negroes.

Mr. ELLSWORTH moved, "that the Executive be appointed by the Legislature, except when the magistrate last chosen shall have continued in office the whole term for which he was chosen, and be reëligible; in which case the choice shall be by Electors appointed by the Legislatures of the States for that purpose." By this means a deserving magistrate may be reëlected without making him dependent on the Legislature.

Mr. GERRY repeated his remark, that an election at all by the National Legislature was radically and incurably wrong; and moved, "that the Executive be appointed by the Governors and Presidents of the States, with advice of their Councils; and where there are no Councils, by Electors chosen by the Legislatures. The Executives to vote in the following proportions, viz:

Mr. MADISON. There are objections against every mode that has been, or perhaps can be, proposed. The election must be made, either by some existing authority under the National or State Constitutions, -or by some special authority derived from the people,or by the people themselves. The two existing authorities under the National Constitution would be the Legislative and Judiciary. The latter he presumed was out of the question. The former was, in his judgment, liable to insuperable objections. Besides the general influence of that mode on the independence of the Executive, in the first place, the election of the chief magistrate would agitate and divide the Legislature so much, that the public interest would materially suffer by it. Public bodies are always apt to be thrown into conten

tions, but into more violent ones by such occasions than by any others. In the second place, the candidate would intrigue with the Legislature; would derive his appointment from the predominant faction, and be apt to render his administration subservient to its views. In the third place, the ministers of foreign powers would have, and would make use of, the opportunity to mix their intrigues and influence with the election. Limited as the powers of the Executive are, it will be an object of great moment with the great rival powers of Europe who have American possessions, to have at the head of our government a man attached to their respective politics and interests. No pains, nor perhaps expense, will be spared, to gain from the Legislature an appointment favorable to their wishes. Germany and Poland are witnesses of this danger. In the former, the election of the Head of the Empire, till it became in a manner hereditary, interested all Europe, and was much influenced by foreign interference. In the latter, although the elective magistrate has very little real power, his election has at all times produced the most eager interference of foreign princes, and has in fact at length slid entirely into foreign hands. The existing authorities in the States, are the Legislative, Executive, and Judiciary. The appointment of the National Executive by the first was objectionable in many points of view, some of which had been already mentioned. He would mention one which of itself would decide his opinion. The Legislatures of the States had betrayed a strong propensity to a variety of pernicious measures. One object of the National Legis

lature was to control this propensity. One object of the National Executive, so far as it would have a negative on the laws, was to control the National Legislature, so far as it might be infected with a similar propensity. Refer the appointment of the National Executive to the State Legislatures, and this controlling purpose may be defeated. The Legislatures can and will act with some kind of regular plan, and will promote the appointment of a man who will not oppose himself to a favorite object. Should a majority of the Legislatures, at the time of election, have the same object, or different objects of the same kind, the National Executive would be rendered subservient to them. An appointment by the State Executives was liable, among other objections, to this insuperable one, that being standing bodies, they could and would be courted, and intrigued with by the candidates, by their partisans, and by ministers of foreign powers. The State Judiciaries had not been, and he presumed would not be, proposed as a proper source of appointment. The option before us, then, lay between an appointment by Electors chosen by the people, and an immediate appointment by the people. He thought the former mode free from many of the objections which had been urged against it, and greatly preferable to an appointment by the National Legislature. As the Electors would be chosen for the occasion, would meet at once, and proceed immediately to an appointment, there would be very little opportunity for cabal, or corruption: as a further precaution, it might be required that they should meet at some place distinct from the seat of govern