Mr. BROOM moved to refer the two clauses to a committee of a member from each state; and, on the question, it failed, the states being equally divided.
New Jersey, Pennsylvania, Delaware, Maryland, Virginia, ay, 5; New Hampshire, Massachusetts, North Carolina, South Carolina, Georgia, no, 5; Connecticut, divided.
On the question taken on the first part of Mr. Gouverneur Morris's motion, to wit, "shall be chosen by electors," as an abstract question it failed, the states being equally divided.
New Jersey, Pennsylvania, Delaware, Virginia, ay, 4; New Hampshire, North Carolina, South Carolina, Georgia, no, 4; Connecticut, Maryland, divided; Massachusetts, absent.
The consideration of the remaining clauses of article 10, sect. 1, was then postponed till to-morrow, at the instance of the deputies of New Jersey.232
Article 10, sect. 2, being taken up, the word "information" was transferred, and inserted after "legislature."
On motion of Mr. GOUVERNEUR MORRIS, "he may" was struck out, and "and" inserted before "recommend," in the second clause of article 10, sect. 2, in order to make it the duty of the President to recommend, and thence prevent umbrage or cavil at his doing it.
Mr. SHERMAN objected to the sentence,
"and shall appoint officers in all cases not otherwise provided for in this Constitution."
He admitted it to be proper that many officers in the executive department should be so appointed; but contended that many ought not,—as general officers in the army, in time of peace, &c. Herein lay the corruption in Great Britain. If the executive can model the army, he may set up an absolute government; taking advantage of the close of a war, and an army commanded by his creatures. James II. was not obeyed by his officers, because they had been appointed by his predecessors, not by himself. He moved to insert, "or by law," after the word "Constitution."
On motion of Mr. MADISON, "officers" was struck out, and "to offices" inserted, in order to obviate doubts that he might appoint officers without a previous creation of the offices by the legislature.
On the question for inserting "or by law," as moved by Mr. Sherman,—
Connecticut, ay, 1; New Hampshire, Massachusetts, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, no, 9; North Carolina, absent.
Mr. DICKINSON moved to strike out the words,
"and shall appoint to offices in all cases not otherwise provided for by this Constitution,"
and insert,
"and shall appoint to all offices established by this Constitution, except in cases herein otherwise provided for; and to all offices which may hereafter be created by law."
