XXIII
To introduce this government, it is the opinion of this Convention, that each assenting Convention should notify its assent and ratification to the United States in Congress assembled; that Congress, after receiving the assent and ratification of the Conventions of ---- States, should appoint and publish a day, as early as may be, and appoint a place, for commencing proceedings under this Constitution; that after such publication, the Legislatures of the several States should elect members of the Senate, and direct the election of members of the House of Representatives; and that the members of the Legislature should meet at the time and place assigned by Congress, and should, as soon as may be, after their meeting, choose the President of the United States, and proceed to execute this Constitution.
A motion was made to adjourn till Wednesday, in order to give leisure to examine the Report; which passed in the negative--
N. H. no. Mas. no. C^t no. P^a ay. M^d ay. Virg. ay. N. C. no. S. C. no.
The House then adjourned till to-morrow 11 OC.
TUESDAY AUGUST 7.[17] IN CONVENTION
[17] Although the secrecy of the proceedings was guarded carefully, the reason of the long adjournment was generally known outside of the Convention.
"The Convention adjourned about three weeks ago and appointed a Committee consisting of M^r Rutlege, M^r Randolph, M^r Wilson, M^r Elsworth, & M^r Gorham to draw into form the measures which had been agreed upon--they reassembled last Monday sen'night to receive the report--I suppose we shall have the result of this great business in a few weeks more."--Edward Carrington to Monroe, August 7, 1787. Monroe MSS.
Cf. King's account of the debate confirming the accuracy of Madison's report (King's Life and Correspondence of Rufus King, i., 617).
The Report of the Committee of detail being taken up,
M^r Pinkney moved that it be referred to a Committee of the whole. This was strongly opposed by M^r Ghorum & several others, as likely to produce unnecessary delay; and was negatived, Delaware Mary^d & Virg^a only being in the affirmative.
The preamble of the Report was agreed to nem. con. So were Art: I & II.
Art: III considered. Col. Mason doubted the propriety of giving each branch a negative on the other "in all cases." There were some cases in which it was he supposed not intended to be given as in the case of balloting for appointments.
M^r Gov^r Morris moved to insert "legislative acts" instead of "all cases."
M^r Williamson 2^{ds} him.
M^r Sherman. This will restrain the operation of the clause too much. It will particularly exclude a mutual negative in the case of ballots, which he hoped would take place.
M^r Ghorum contended that elections ought to be made by joint ballot. If separate ballots should be made for the President, and the two branches should be each attached to a favorite, great delay contention & confusion may ensue. These inconveniences have been felt in Mas^{ts} in the election of officers of little importance compared with the Executive of the U. States. The only objection ag^{st} a joint ballot is that it may deprive the Senate of their due weight; but this ought not to prevail over the respect due to the public tranquility & welfare.
M^r Wilson was for a joint ballot in several cases at least; particularly in the choice of the President, and was therefore for the amendment. Disputes between the two Houses during & concern^g the vacancy of the Executive might have dangerous consequences.
Col. Mason thought the amendment of M^r Gov^r Morris extended too far. Treaties are in a subsequent part declared to be laws, they will therefore be subjected to a negative; altho' they are to be made as proposed by the Senate alone. He proposed that the mutual negative should be restrained to "cases requiring the distinct assent" of the two Houses.