class="indent">M^r Wilson. It seems to be the unanimous sense that the Executive should not be appointed by the Legislature, unless he be rendered in-eligible a 2^d time: he perceived with pleasure that the idea was gaining ground, of an election mediately or immediately by the people.

M^r Madison. If it be a fundamental principle of free Gov^t that the Legislative, Executive & Judiciary powers should be separately exercised, it is equally so that they be independently exercised. There is the same & perhaps greater reason why the Executive sh^d be independent of the Legislature, than why the Judiciary should. A coalition of the two former powers would be more immediately & certainly dangerous to public liberty. It is essential then that the appointment of the Executive should either be drawn from some source, or held by some tenure that will give him a free agency with regard to the Legislature. This could not be if he was to be appointable from time to time by the Legislature. It was not clear that an appointment in the 1^st instance even with an ineligibility afterwards would not establish an improper connection between the two departments. Certain it was that the appointment would be attended with intrigues and contentions that ought not to be unnecessarily admitted. He was disposed for these reasons to refer the appointment to some other source. The people at large was in his opinion the fittest in itself. It would be as likely as any that could be devised to produce an Executive Magistrate of distinguished Character. The people generally could only know & vote for some Citizen whose merits had rendered him an object of general attention & esteem. There was one difficulty however of a serious nature attending an immediate choice by the people. The right of suffrage was much more diffusive in the Northern than the Southern States; and the latter could have no influence in the election on the score of the Negroes. The substitution of electors obviated this difficulty and seemed on the whole to be liable to fewest objections.

M^r Gerry. If the Executive is to be elected by the Legislature he certainly ought not to be re-eligible. This would make him absolutely dependent. He was ag^st a popular election. The people are uninformed, and would be misled by a few designing men. He urged the expediency of an appointment of the Executive by Electors to be chosen by the State Executives. The people of the States will then choose the 1^st branch; the legislatures of the States the 2^d branch of the National Legislature, and the Executives of the States, the National Executive. This he thought would form a strong attachm^t in the States to the National System. The popular mode of electing the chief Magistrate would certainly be the worst of all. If he should be so elected & should do his duty, he will be turned out for it like Gov^r Bowdoin in Mass^ts & President Sullivan in N. Hampshire.

On the question on M^r Gov^r Morris motion to reconsider generally the Constitution of the Executive

Mas. ay. C^t ay. N. J. ay. & all the others ay.

M^r Elseworth moved to strike out the appointm^t by the Nat^l Legislature, and to insert, to be chosen by electors appointed by the Legislatures of the States in the following ratio; to wit–one for each State not exceeding 200,000 [1] inhab^ts two for each above y^t number & not exceeding 300,000. and three for each State exceeding 300,000.–M^r Broome 2^ded. the motion. [2]

M^r Rutlidge was opposed to all the modes, except the appointm^t by the Nat^l Legislature. He will be sufficiently independent, if he be not re-eligible.

M^r Gerry preferred the motion of M^r Elseworth to an appointm^t by the Nat^l Legislature, or by the people; tho' not to an app^t by the State Executives. He moved that the electors proposed by M^r E. should be 25 in number, and allotted in the following proportion. to N. H. 1. to Mas. 3. to R. I. 1. to Con^t 2. to N. Y. 2. N. J. 2. P^a 3. Del. 1. M^d 2. V^a 3. N. C. 2. S. C. 2. Geo. 1.

The question as moved by M^r Elseworth being divided, on the 1^st part shall y^e Nat^l Executive be appointed by Electors?

Mas. div^d. Con^t ay. N. J. ay. P^a ay. Del. ay. M^d ay. V^a ay. N. C. no. S. C. no. Geo. no.

On 2^d part shall the Electors be chosen by the State Legislatures?

Mas. ay. Con^t ay. N. J. ay. P^a ay. Del. ay. M^d ay. V^a no. N. C. ay. S. C. no. Geo. ay.

The part relating to the ratio in which the States s^d chuse electors was postponed nem. con.

M^r L. Martin moved that the Executive be ineligible a 2^d time.

M^r Williamson, 2^ds the motion. He had no great confidence in Electors to be chosen for the special purpose. They would not be the most respectable citizens; but persons not occupied in the high offices of Gov^t. They would be liable to undue influence, which might the more readily be practised as some of them will probably be in appointment 6 or 8 months before the object of it comes on.

M^r Elseworth supposed any persons might be appointed Electors, excepting, solely, members of the Nat^l Legislature.

On the question Shall he be ineligible a 2^d time?

Mas. no. C^t no. N. J. no. P^a no. Del. no. M^d no. V^a no. N. C. ay. S. C. ay. Geo. no.

On the question Shall the Executive continue for 7 years? It passed in the negative

Mas. div^d. Con^t ay.