and the manner of certifying and transmitting their votes; but the election shall be on the same day throughout the United States."

Adjourned.

FRIDAY, SEPTEMBER 7TH.

In Convention,-The mode of constituting the Executive being resumed,—

Mr. RANDOLPH moved to insert, in the first section of the Report made yesterday, the following:

"The Legislature may declare by law what officer of the United States shall act as President, in case of the death, resignation or disability of the President and Vice President; and such officer shall act accordingly, until the time of electing a President shall arrive."

Mr. MADISON observed that this, as worded, would prevent a supply of the vacancy by an intermediate election of the President, and moved to substitute, "until such disability be removed, or a President shall be elected."*

Mr. GOUVERNEUR MORRIS Seconded the motion; which was agreed to.

It seemed to be an objection to the provision, with some, that, according to the process established for choosing the Executive, there would be difficulty in effecting it at other than the fixed periods; with others, that the Legislature was restrained in the temporary appointment to "officers" of the United States. They wished it to be at liberty to appoint others than such.

* In the printed Journal this amendment is put into the original motion.

On the motion of Mr. RANDOLPH, as amended, it passed in the affirmative,

New Jersey, Pennsylvania, Maryland, Virginia, South Carolina, Georgia, aye-6; Massachusetts, Connecticut, Delaware, North Carolina, no-4; New Hampshire divided.

Mr. GERRY moved, "that in the election of President by the House of Representatives, no State shall vote by less than three members; and where that number may not be allotted to a State, it shall be made up by its Senators; and a concurrence of a majority of all the States shall be necessary to make such choice." Without some such provision, five individuals might possibly be competent to an election, these being a majority of two-thirds of the existing number of States; and two-thirds being a quorum for this business.

Mr. MADISON seconded the motion.

Mr. READ observed, that the States having but one member only in the House of Representatives would be in danger of having no vote at all in the election: the sickness or absence either of the Representative, or one of the Senators, would have that effect.

Mr. MADISON replied, that if one member of the House of Representatives should be left capable of voting for the State, the States having one Representative only would still be subject to that danger. He thought it an evil, that so small a number, at any rate, should be authorized to elect. Corruption would be greatly facilitated by it. The mode itself was liable to this further weighty objection, that the representatives of a minority of the people might

reverse the choice of a majority of the States and of the people. He wished some cure for this inconvenience might yet be provided.

Mr. GERRY withdrew the first part of his motion; and on the question on the second part, viz: "and a concurrence of a majority of all the States shall be necessary to make such choice," to follow the words, "a member or members from two-thirds of the States," it was agreed to, nem. con.°

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The second Section (see the 4th of Sept., page 1487,) requiring that the President should be a natural born citizen, &c., and have been resident for fourteen years, and be thirty-five years of age, was agreed to,

nem. con.

The third Section, "The Vice-President shall be ex-officio President of the Senate," being then considered,

Mr. GERRY opposed this regulation. We might as well put the President himself at the head of the the Legislature. The close intimacy that must subsist between the President and Vice-President makes it absolutely improper. He was against having any Vice-President.

Mr. GOUVERNEUR MORRIS. The Vice-President then will be the first heir apparent that ever loved his father. If there should be no Vice-President, the President of the Senate would be temporary successor, which would amount to the same thing.

Mr. SHERMAN saw no danger in the case. If the Vice-President were not to be President of the Senate, he would be without employment; and some member, by being made President, must be deprived of his vote, unless when an equal division of votes

might happen in the Senate, which would be but seldom.

Mr. RANDOLPH Concurred in the opposition to the

clause.

Mr. WILLIAMSON observed, that such an officer as Vice-President was not wanted. He was introduced merely for the sake of a valuable mode of election, which required two to be chosen at the same time.

Colonel MASON thought the office of Vice-President an encroachment on the rights of the Senate; and that it mixed too much the Legislative and the Executive, which, as well as the Judiciary department, ought to be kept as separate as possible. He took occasion to express his dislikę of any reference whatever, of the power to make appointments, to either branch of the Legislature. On the other hand, he was averse to vest so dangerous a power in the President alone. As a method for avoiding both, he suggested that a Privy Council, of six members, to the President, should be established; to be chosen for six years by the Senate, two out of the Eastern, two out of the Middle, and two out of the Southern quarters of the Union; and to go out in rotation, two every second year; the concurrence of the Senate to be required only in the appointment of ambassadors, and in making treaties, which are more of a legislative nature. This would prevent the constant sitting of the Senate, which he thought dangerous; as well as keep the departments separate and distinct. It would also save the expense of constant sessions of the Senate. He had, he said, always considered the Senate as too unwieldy and expensive for appointing

officers, especially the smallest, such as tide-waiters, &c., He had not reduced his idea to writing, but it could be easily done, if it should be found acceptable.

On the question, shall the Vice-President be ex officio President of the Senate?

New Hampshire, Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, South Carolina, Georgia, aye-8; New Jersey, Maryland, no-2; North Carolina, absent.

The other parts of the same Section were then agreed to.

The fourth section, to wit: "The President, by and with the advice and consent of the Senate, shall have power to make treaties," &c., was then taken up.

Mr. WILSON moved to add, after the word "Senate," the words, "and House of Representatives." As treaties, he said, are to have the operation of laws, they ought to have the sanction of laws also. The circumstance of secrecy in the business of treaties formed the only objection; but this, he thought, so far as it was inconsistent with obtaining the legislative sanction, was outweighed by the necessity of the latter.

Mr. SHERMAN thought the only question that could be made was, whether the power could be safely trusted to the Senate. He thought it could; and that the necessity of secrecy in the case of treaties forbade a reference of them to the whole Legislature.

Mr. FITZSIMONS seconded the motion of Mr. WILSON; and on the question,