The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-01-01
VI

Among the functions deliberately with
held from Congress by the convention
was the power to emit bills on the credit
Of the United states" The delegates
evidently thought that by this action they
mad put an end ia the legal tender quality
OF ireieemahle paper money. Madison
undoubtedly believed that the stand taken
by the convention had settled the paper
money question forever. He says that
he voted 10 strike out the Objectionable
words just cited because he WIS satisfied
that their omission would -cut of the pre-
text for paper currency. and particularly
for making the bills a tender, either Tor
public or private debts We are reminded
however that the Congress Of the United
States did not take this view Of the matter
when IN 1862 1t passed the Legal Tender act
The members Of Congress must have thought
that the convention either did not intend
10 prohibit the i-sGe uf legal tender notes
or. II intending to do so, did not as q matter
OF fact. carry out the intention. The SUI
prerne Court Of the United States also took
this view on two occasions, Prof. Moran
holds that careful reading Of the debates
in Congress suffices Of itz-lf 10 indicate
the uncon-titutionaity Of the Legal Tender
act. which John Fiske, It may be remem-
bered. did not hesitate 70 pronounce
fragrant violation Of the Constitution
One Of our authors interesting COM
ments on the debates in the Philadelphia
convention s to the effect that, II the mem
bers had been thoroughly conversant
with the contemporaneous working, as
contradstin guished from the tleory OF the
English constitution, va might be living
to-day under a species of cabinet govern
rnent not unlike that which prevails in
England The truth is that the members
OF tho convention did not understand the
actual operation Of the English Govern
men; at that time They were dominated
bv Monies 1uieu, who was constantly arEu-
ing for the separation Of the executive.
Legislative and judicial departments; and
they fancied that the English Government
was patterned after this idea, while. a.
a matter Of fact. the three great depart
nents in the English Government were
already not independent II each other,
but intimately fused. The delegates were
also familiar with the Commentaries
Of Blackstone who had brought out wildly
the -literary Theory of the British Constitu-
H.
praotice Of the Government When the
question arose in the convention whether
the executive power should De lodged in u
single man or u several persons, Roger
sherman was inclined 10 allow the legis-
lature TO appoint one or more. as experience
might dictate In connection with this
suggestion, ne made a remark which seems
to have been unnotced at the time, but
which. in Prof Moran's opinion, II worthy
OF consideration. Mr.. Sherman said that
he regarded -the executive magistracy as
nothing more than an institution for carry
ing the will OF the Legislature into effect
and that the person or persons Exercising
executive powerl ought 70 be appointed
by and accountable TO the Legislature only,
which was the depository Of the supreme
will of the society," Unquestonably this /
idea. II carried 70 its logical conclusion, /
would have meant the establishment Of I
cabinet government in America.
In our authors account Of the method
Of choosing a President eventually adopted
by the PHI iladelphia Convention. VIC OBJ
serve two inadvertences. The Virginia
plan had provided that the Federal EIecu-
i've should be chosen by the Legislatures
of the States, Wilson Of Pennsylvania
advocated an election by the people. The .
motion for election by the people, how
,ver, was defeated on July II by vote
IF States % /. The matter came no
again nine days later, when. Prof, Moran
avs. II was decided that the Executive
ihould be chosen by the national Legislature
TO serve for term Of seven years, after
which he would b. ineligible. What was
decided Oh that day was that the Executive
.hohd be chosen by the State Legislatures
The friends OF popular election were not