Mr. RANDOLPH preferred the former mode of constituting the executive; but if the change was to be made, he wished to know why the eventual election was referred to the Senate, and not to the legislature? He saw no necessity for this, and many objections to it. He was apprehensive, also, that the advantage of the eventual appointment would fall into the hands of the states near the seat of government.
Mr. GOUVERNEUR MORRIS said the Senate was preferred because fewer could then say to the President, "You owe your appointment to us." He thought the President would not depend so much on the Senate for his reappointment, as on his general good conduct.
The further consideration of the report was postponed, that each member might take a copy of the remainder of it.
The following motion was referred to the committee of eleven,—to wit, to prepare and report a plan for defraying the expenses of the Convention.252
Mr. PINCKNEY moved a clause declaring that each House should be judge of the privileges of its own members.[1]
Mr. GOUVERNEUR MORRIS seconded the motion.
Mr. RANDOLPH and Mr. MADISON expressed doubts as to the propriety of giving such a power, and wished for a postponement.
Mr. GOUVERNEUR MORRIS thought it so plain a case, that no postponement could be necessary.
Mr. WILSON thought the power involved, and the express insertion of it needless. It might beget doubts as to the power of other public bodies, as courts, &c. Every court is the judge of its own privileges.
Mr. MADISON distinguished between the power of judging of privileges previously and duly established, and the effect of the motion, which would give a discretion to each House as to the extent of its own privileges. He suggested that it would be better to make provision for ascertaining by law the privileges of each House, than to allow each house to decide for itself. He suggested, also, the necessity of considering what privileges ought to be allowed to the executive.
Adjourned.
Wednesday, September 5.
In Convention.—Mr. BREARLY, from the committee of eleven, made a further report, as follows:
"1. To add to the clause, 'to declare war,' the words, 'and grant letters of marque and reprisal.'
"2, To add to the clause, 'to raise and support armies,' the words, 'but no appropriation of money to that use shall be for a longer term than two years.'
"3. Instead of sect 12, article 6, say: 'All bills for raising revenue shall originate in the House of Representatives, and shall be subject to alterations and amendments by the Senate: no money shall be drawn from the treasury, but in consequence of appropriations made by law.'
"4. Immediately before the last clause of sect. 1, article 7, insert, 'To exer-
- ↑ This motion is not contained in the printed Journal.