The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-09-09


20 comprehend the part which King took IN IN
debates at Philadelphia. we must have reoours
20 the Madison and Yates papers. for. in th'
notes taken BY King himself. and nov for tn
hrqt time published. he does not reproduce hii
own remarks, except the speeches on the power
Of the Convention. As these notes, however
constitute newly discovered evidence Of capital
Importance, we limit ourselves mainly 10 = re
production Of their purport. not 80 mucfIbe-
cause Il Il new AZ because II Il corroborative OF
that previously supplied by Madison and Yates.
Kings diary Of the PROCEEDINGS Of the Consti-
tutional Convention begins on Thursday, May
81. when the question under debate was whether
the House Of Representatives should be elected
by the people. Curiously enough, Elbridge
Gerry, who was afterward 70 oppose the COnsti-
tuition. on the ground that IL was not sufficiently
democratic. advocated the appointment Of the
Representative by the State Legislature. be-
cause. ss lie said. the people lack information.
George Mason Of Virginia was in favor
Of popular choice for the reason that
this branch Of the Federal Legislature
was To represent the people. Wilson Of
Pennsylvania agreed with him. I'VE ought
lie said. Ito adopt measures TO secure the popu-
lar confidence. ard TO avert rivalry between the
general and state governments. and in this way
both will proceed Immediately from the people"
Madison concurred. The plan Of popular choice.
he thought. would cause the people 10 regard
the general Government with the affection
which one feels for bis own offspring. A legis-
lative government would remove the govern
ment too far from the people. Madison pointed
out that in Maryland. for instance. the Senate
was two removes from the people. and therefore
a representative appointed by them would be
three removes. and II the Legislature Of
the United States should appoint the Presi-
dent or Executive. the latter would be four
removes from the people. Madison opined that
there would be no danger Of demagogues II the
choice OF representatives was made by the
people In large districts. The proposal was car
ried. Massachusetts New York, Pennsylvania,
Virginia. North Carolina, and Georgia voting
aye, New Jersey and South Carolina no, and
Connecticut and Delaware being divided. On
Friday, June l. the question under discussion
was whether the executive power should be
lodged in q single person. Wilson, Charles
Plnckney. and Rutledge spoke in the afirma-
tive. but Roger sherman preferred leaving the
number To the Legislature. Wilson thought
thai a single executive would be responsible,
whereas n numerous one would not: be-
sides. the former would possess the power
OF secrecy, vig0r. and despatch. Madison
suggested that the best plan would be q single
OF long duration, with a council OF
but with liberty TO dissent from their
decision on his personal responsibility. Elbridge
Gerry also advocated the parliamentary instead
OF the presidential type Of government. II am
In favor" he said, of a council to advise the
Their opinions may be recorded. 80
as to render them liable to be called to account
and impeached; In this way their responsibility
would be certain. and for misconduct their pun
ishment sure" Dickinson. on the other hand.
protested that a limited yet vigorous executive
not republican, but peculiar to monarchy.
He dreaded the consolidation of the States,
and would hope rather for a good national Gov
nrnment from the then existing division Of the
States, with n feeble executive. In no event
would he give the executive q complete veto
power. and he desired II TO be removable by the
Legislature on the petition Of seven
states. Randolph Of Virginia took the view
which was afterward TO be embodied IN the Ex-
,cutive Council Of switzerland. He insisted tina.
n a single executive would lie the danger of
monarchy or tyranny. Rufus King. on the con-
rary. maintained that n single executive was
lot 30 likely to introduce monarchy or despot-
SIN as a complex one. He recalled the fact that
no people OF America had hot opposed the
King. but the Parliament On the next
June 4. the Convention voted In favor Of q
inRle executive, only New Jersey, Delaware,
md Maryland being recorded In the negative.
Is regards the duration of the executive power,
Wilson OF Pennsylvania proposed three years
Without rotation or exclusion; Madison adyo-
ated either tenure during good behavior. or
even years, with exclusion afterward. George
Jason was also in favor OF seven years, with
ubsequent ineligibillty. As we know. the term
adopted was four years, with ellgibil-
~ to reelection. Wilson and Hamilton desired
o give the Executive a complete negative on
he acts OF the Federal Legislature. The
was opposed by Madison. Mason. and
BENJAMIN Franklin. and they carried with them
he whole Convention. except Wilson, Hamil-
on and Rufus King. George Mason predicted
hat, with n complete veto power. coupled with
power of appointment to ONCE. the Executive
'ould soon corrupt the Legislature and become
monarchy. Franklin pointed out that a former
Governor In Pennsylvania had abused the
over of a full negative and ertorted money
the Legislature before he would sign It's
cts" He declared that the negative OF the
'nglish Crown had not been exercised
Ince the revolution OF 1888. In this
tatement Franklin was wrong, but il
'as true enough that the veto power had
ct been exercised since the reign OF Anne.
- we know, 1t was a qualified veto power
was eventually vested in the President Of
he United States. II is an interesting fact that
9th Madison and Wilson made the blunder OF
that not only should the Executive
pei'J "iekhlation through n quail
ed veto power. but that the judiciary should
ave the right OF revising the laws. This
lotion was withdrawn, thanks TO Dickin-
m. who reminded his colleagues that the
Judges were to interpret the laws. and, there I
IRE, should have no share In making them. !
be same objection, he said. did not lie TO the ]
lalined veto power OF the Executive, whose I
OF the laws was simply a minis q
rial ONCE. !
-
HI. 4
Especially interesting is Rufus Kings cor !
report as to the discussion touching
'e composition OF the Federal Senate. The I
that the Senate should be chosen by c
10 House OF Representatives out OF persons q
minated by the State Legislatures be- {
& neGatiyed, Dickinson moved that the SEN )
Ors be- appointed By the State Iegislatures q