Since Edmund Randolph proposed the Virginia Plan and Charles Pinckney proposed his Pinckney Plan, on May 29, 1787, the Constitution Convention discussions have been on the Legislature alone. Today the Convention will shift its focus to the Executive Branch, the 7th resolution of he Virginia Plan, and as has been already observed with the Legislature, reaching a consensus on most anything will be a difficult process. This will start with, should the Executive Branch consist of a single chief executive, or a plural executive of multiple persons.
James Madison in his notes observes that William Houston of Georgia has arrived and taken his seat in the Convention. Still only Eleven States are represented in the Convention to this point. New Hampshire who will not have delegates arrive for several weeks, and Rhode Island who declined sending any delegates at all, being absent from the Convention.
The Convention resumes in the Committee of the Whole, and takes up the 7th Resolution from the Virginia Plan.
that a national executive be instituted; to be chosen by the national legislature for the term of—; to receive punctually, at stated times, a fixed compensation for the services rendered, in which no increase or diminution shall be made so as to affect the magistracy existing at the time of increase or diminution; and to be ineligible a second time; and that, besides a general authority to execute the national laws, it ought to enjoy the executive rights vested in Congress by the Confederation.
Charles Pinckney (South Carolina) was in favor of a rigorous Executive, but feared the Executive also having the power of War and Peace, this would render the Executive a Monarchy of the worst kind, an elected one. James Wilson (Pennsylvania) moved that the Executive be vested in one person, which Charles Pinckney seconded. After a long pause, Benjamin Franklin (Pennsylvania), stated that this question was of great importance, and wished the gentlemen would deliver their reason before voting on the Motion.
Edward Rutledge (South Carolina), was also in favor of a single Executive, though he feared as well of giving him the power of War and Peace, “A single man would feel the greatest responsibility, and administer the public affairs best”.
Roger Sherman (Connecticut), expresses his opinion of the Executive, but goes off topic in a single or plural Executive. He views the Executive as nothing more than the institution to carry the will of the Legislature into effect, and as such he or they, should be appointed by and held accountable to the Legislature, the supreme will of the society.
James Wilson favored a single magistrate, giving the most energy, dispatch and responsibility to the office, but he did not consider the British Monarch as the proper guide. Among the prerogatives strictly executive were, “executing the laws, and appointing officers, not appertaining to, and appointed by, the legislature”.
Elbridge Gerry (Massachusetts) favors a plural executive in a council, “in order to give weight and inspire confidence”. He also favors their opinions being recorded to be held liable in case of impeachment4. This unity in the executive was strongly opposed by Edmund Randolph. He regarded it as the seed (foetus1,2) of Monarchy. He had no motive to use the British Government as their prototype, but he did not wish to disregard the, “excellent fabric” it presented. If the United States were to copy it, he did not know if he could oppose it, but was convinced the fixed genius of the American people required a different form of government. He could not see why the required items of , “vigor, despatch and responsibility [sic]”, could not be found in three men, as well as one. He also feels the executive should be independent, and to support its independence, it ought to consist of more than one person.
John Dickinson (Delaware) is against a limited Monarchy, “Republics for a time a industrious, but the finally destroy themselves because they are badly conceived”. Dickinson is referring the discussion that have been held regarding a limited monarchy for a form of government.
James Wilson citing Montesquieu contends a unity in the executive will not be the seed of Monarchy, but “the best safegaurd against tyranny”. He states, the American people did not oppose the King but the Parliament. our opposition was not against unity, but corrupt multitude4. Again stating he is not using the British system as a guide, which he sees as inapplicable to the current situation of the United States. The British model in his assessment can not extend to the manners of Republicanism, and a great Confederated Republic would not suit it.
Hugh Williamson (North Carolina) does not see any difference between one and three executives4. Alexander Hamilton (New York) asks, “why cannot three execute?”. He points out, legislatures may appoint as dictator when necessary, it will be the seed of destruction, and the Legislature may appoint men devoted to them5.
By common consent James Wilson’s motion for a single magistrate is postponed. The Committee of the whole was not prepared to vote on this measure due to the obvious opposing views at this time.
The Committee than agreed to, “that a national executive be instituted”. This resolution establishes the foundation of what will become the President of the United States.
Following the discussion if the Executive should be singular or plural, James Madison rose to offer a resolution concerning the powers of the Executive. He feels if the powers of the office are established and bound, this may effect the decision if the Executive should be vested in one or more persons. The resolution he offers is,
with power to carry into effect the national laws, to appoint to offices in cases not otherwise provided for, and to execute such other powers, as may from time to time be delegated by the national legislature.
Charles Cotesworth Pinckney (South Carolina), request and is granted an addition to the motion concerning the Legislature and Judiciary, with a final resolution standing as,
with power to carry into effect the national laws, to appoint to offices in cases not otherwise provided for, and to execute such other powers, not legislative nor judiciary in their nature, as may from time to time be delegated by the national legislature.
James Wilson seconds the motion, while Charles Pinckney moves to strike, “and to execute such other powers, not legislative nor judiciary in their nature, as may from time to time be delegated”. Pinckney feels it is unnecessary since the object of “power to carry into effect the National Laws”, grants this already. Edmund Randolph seconds Wilson’s motion. James Madison was not sure if those words were necessary or , “to appoint to offices in cases not otherwise provided for”, as well. But he saw no inconvenience in retaining them either, since they may serve to prevent doubts and misconstructions.
The Motion to remove, “and to execute such other powers, not legislative nor judiciary in their nature, as may from time to time be delegated”, carries 7-3-1; Yea-7 (CT, NY, NJ, PA, DE, NC, GA) Nay-3 (VA, MA, SC) Split-1 (CT). This resolution establishes the basic powers of the Chief Executive.
The Convention then moves on to the next clause of the 7th resolution of the Virginia Plan, regarding the mode of appointment and duration of term for the Executive.
James Wilson, is unsure of what mode of selection he likes, and is apprehensive it may be unrealistic. He does say however he was for an election by the people, and cites New york and Massachusetts as examples of successful election of the magistrate by the people. Roger Sherman (Connecticut) however not only favors appointment by the Legislature, by the Executive be completely dependent on the Legislature, since it is their will that needs to be executed. Sherman feels an excess of independence of the Executive from the legislature is the essence of tyranny.
James Wilson adds to his previous comments, and moves for a term of three years for the Executive, and with such a short term believes reliability to be required. Roger Sherman agrees with Wilson, and feels the doctrine of rotation to be disregarded. Sherman is referring to the prospect that has been raised of choosing the executive through a rotation of the States ensuring each State would have the executive at some point, Thomas Paine suggested this idea in his pamphlet “Common Sense”. Charles Pinckney moved for a seven year term for the Executive, which George Mason also preferred. Mason also favors prohibiting re-eligibility , or a one term limit, for preventing both false compliance with the legislature and temptations for reappointment.
Gunning Bedford jr. (Delaware) felt seven years was much to long to be saddled with a magistrate if he was not good for the task of being the executive. He felt impeachment was not a cure for this, since impeachment would reach only to illegal or improper conduct (misfeascence3), and not incapacity. Bedford favors three years terms, with a limit of three terms.
On the motion for a seven year term for the executive, the motion carries 5-4-1; Yea-5 (NY, NJ, PA, DE, VA), Nay-4 (CT, NC, SC, GA), Split –1 (MA).
The Convention now draws its attention to a method of appointing the Executive.
James Wilson renews his favor for election by the people, and also restates his favor both branches of the Legislature as well, to make them as independent from each other and the States as possible. George Mason thinks Wilson’s proposal is not practical, but wishes however that James Wilson might have time to digest it into his own form. Edmund Rutledge favors appointment by the second branch of the Legislature.
The clause to choose the method of appointing the Executive is postponed, and the Convention adjourns for the day.
As a note, James McHenry, Maryland's lone representative at this point receives word his brotherly near death, and leaves the Convention. He will not return until August 2, 1787, but Maryland will be represented by Daniel of St. Thomas Jennifer starting the next day.
Summary
This day, the real only positive action agreed to by the Convention was for establishing a National Executive, the base of what will become the President, with a term of seven years, which obviously will change sometime in the future, and a basic concept of what the President’s powers will be, namely enforcing laws. The Convention discussed mode of election and if the Presidency should be of one or three, with neither of these being resolved, and postponed to a later date.
1: Foetus: Fetus (American Heritage Dictionary, Fourth edition: 2001 Dell Publications)
2: As written in James Madison Notes in the Federal Convention
3: Merriam-Webster Dictionary: http://www.merriam-webster.com/dictionary/misfeasance
4: Rufus King (Notes on the Convention of 1787)
5: Alexander Hamilton (Notes on the Convention of 1787)
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