Sec. 2. Clause 1, respecting the powers of the President,—
"Resolved, as the opinion of this committee, that the President of the United States should never command the army, militia, or navy of the United States, in person, without the consent of the Congress; and that he should not have the power to grant pardons for treason, without the consent of the Congress; but that, incases where persons are convicted of treason, he should have authority to grant reprieves, until their cases can be laid before the Congress."
Moved by Mr. G. LIVINGSTON.
Saturday, July 5, 1788.—Sec. 2. Clause 2. Amendment moved by Mr. M. SMITH:—
"Resolved, as the opinion of this committee, that the Congress should appoint, in such manner as they may think proper, a council to advise the President in the appointment of officers; that the said council should continue in office for four years; that they should keep a record of their proceedings, and sign the same, and always be responsible for their advice, and impeachable for malconduct in office; that the counsellors should have a reasonable allowance for their services, fixed by a standing law; and that no man should be elected a counsellor who shall not have attained to the age of thirty-five years, and who is not either a natural-born citizen, or has not become a citizen before the 4th day of July, 1776."
Clause 3. Motion by Mr. M. SMITH:—
"Provided, That all commissions, writs, and processes, shall run in the name of the people of the United States, and be tested in the name of the President of the United States, or the person holding his place for the time being, or the first judge of the court out of which the same shall issue."
The committee then took up the 3d article.
Mr. JONES proposed the following amendments, which he explained in a speech of some length, and was followed by Mr. Smith; but no debate ensued:—
"Resolved, as the opinion of this committee, that nothing in the Constitution now under consideration contained shall be construed so as to authorize the Congress to constitute, ordain, or establish, any tribunals, or inferior courts, with any other than appellate jurisdiction, except such as may be necessary for trial of causes of admiralty and maritime jurisdiction, and for the trial of piracies and felonies committed on the high seas; and in all other cases to which the judicial power of the United States extends, and in which the Supreme Court of the United States has no original jurisdiction, the cause shall be heard, tried, and determined in some of the state courts, with the right of appeal to the Supreme Court of the United States, or other proper tribunal, to be established for the purpose by the Congress, with such exceptions, and under such regulations, as the Congress shall make."
As the secretary went on with this article, Mr. JONES submitted the following amendments:—
Resolve 1. "Resolved, as the opinion of this committee, that all
