that Congress had the authority, if they had the means, to co-operate with any State in subduing a rebellion. It was and would be involved in the nature of the thing.

Mr. WILSON moved, as a better expression of the idea," that a republican form of Government shall be guaranteed to each State; and that each State shall be protected against foreign and domestic violence."

This seeming to be well received, Mr. MADISON and Mr. RANDOLPH withdrew their propositions, and on the question for agreeing to Mr. WILSON's motion, it passed, nem. con.

Adjourned.

THURSDAY, JULY 19TH.

In Convention,-On re-consideration of the vote rendering the Executive re-eligible a second time, Mr. MARTIN moved to re-instate the words, "to be ineligible a second time."

Mr. GOUVERNEUR MORRIS. It is necessary to take into one view all that relates to the establishment of the Executive; on the due formation of which must depend the efficacy and utility of the union among the present and future States. It has been a maxim in political science, that republican government is not adapted to a large extent of country, because the energy of the executive magistracy cannot reach the extreme parts of it. Our country is an extensive one. We must either then renounce the blessings of the Union, or provide an Executive

with sufficient vigor to pervade every part of it. This subject was of so much importance that he hoped to be indulged in an extensive view of it. One great object of the Executive is, to control the Legislature. The Legislature will continually seek to aggrandize and perpetuate themselves; and will seize those critical moments produced by war, invasion, or convulsion, for that purpose. It is necessary, then, that the Executive magistrate should be the guardian of the people, even of the lower classes, against legislative tyranny; against the great and the wealthy, who in the course of things will necessarily compose the legislative body. Wealth tends to corrupt the mind;-to nourish its love of power; and to stimulate it to oppression. History proves this to be the spirit of the opulent. The check provided in the second branch was not meant as a check on legislative usurpations of power, but on the abuse of lawful powers, on the propensity of the first branch to legislate too much, to run into projects of paper-money, and similar expedients. It is no check on legislative tyranny. On the contrary it may favor it; and, if the first branch can be. seduced, may find the means of success. The Executive, therefore, ought to be so constituted, as to be the great protector of the mass of the people. It is the duty of the Executive to appoint the officers, and to command the forces, of the Republic; to appoint, first, ministerial officers for the administration of public affairs; secondly, officers for the dispensation of justice. Who will be the best judges whether these appointments be well made? The people at large, who will know, will see, will feel, the effects

of them. Again, who can judge so well of the discharge of military duties for the protection and security of the people, as the people themselves, who are to be protected and secured? He finds, too, that the Executive is not to be re-eligible. What effect will this have? In the first place, it will destroy the great incitement to merit, public esteem, by taking away the hope of being rewarded with a re-appointment. It may give a dangerous turn to one of the strongest passions in the human breast. The love of fame is the great spring to noble and illustrious actions. Shut the civil road to glory, and he may be compelled to seek it by the sword. In the second place, it will tempt him to make the most of the short space of time allotted him, to accumulate wealth and provide for his friends. In the third place, it will produce violations of the very Constitution it is meant to secure. In moments of pressing danger, the tried abilities and established character of a favorite magistrate will prevail over respect for the forms of the Constitution. The Executive is also to be impeachable. This is a dangerous part of the plan. It will hold him in such dependence, that he will be no check on the Legislature, will not be a firm guardian of the people and of the public interest. He will be the tool of a faction, of some leading demagogue in the Legislature. These, then, are the faults of the Executive establishment, as now proposed. Can no better establishment be devised? If he is to be the guardian of the people, let him be appointed by the people. If he is to be a check on the Legislature, let him not be impeachable. Let him be of short

duration, that he may with propriety be re-eligible. It has been said that the candidates for this office will not be known to the people. If they be known to the Legislature, they must have such a notoriety and eminence of character, that they cannot possibly be unknown to the people at large. It cannot be possible that a man shall have sufficiently distinguished himself to merit this high trust, without having his character proclaimed by fame throughout the Empire. As to the danger from an unimpeachable magistrate, he could not regard it as formidable. There must be certain great officers of state, a minister of finance, of war, of foreign affairs, &c. These, he presumes, will exercise their functions in subordination to the Executive, and will be amenable, by impeachment, to the public justice. Without these ministers, the Executive can do nothing of consequence. He suggested a biennial election of the Executive, at the time of electing the first branch; and the Executive to hold over, so as to prevent any interregnum in the administration. An election by the people at large, throughout so great an extent of country, could not be influenced by those little combinations and those momentary lies, which often decide popular elections within a narrow sphere. It will probably be objected, that the election will be influenced by the members of the Legislature, particularly of the first branch; and that it will be nearly the same thing with an election by the Legislature itself. It could not be denied that such an influence would exist. But it might be answered, that as the Legislature or the candidates for it, would be divided the enmity

of one part would counteract the friendship of another; that if the administration of the Executive were good, it would be unpopular to oppose his reelection; if bad, it ought to be opposed, and a reappointment prevented; and lastly, that in every view this indirect dependence on the favor of the Legislature could not be so mischievous as a direct dependence for his appointment. He saw no alternative for making the Executive independent of the Legislature, but either to give him his office for life, or make him eligible by the people. Again, it might be objected, that two years would be too short a duration. But he believes that as long as he should behave himself well he would be continued in his place. The extent of the country would secure his re-election against the factions and discontents of particular States. It deserved consideration, also, that such an ingredient in the plan would render it extremely palatable to the people. These were the general ideas which occurred to him on the subject, and which led him to wish and move that the whole constitution of the Executive might undergo re-consideration.

Mr. RANDOLPH urged the motion of Mr. L. MARTIN for restoring the words making the Executive ineligible a second time. If he ought to be independent, he should not be left under a temptation to court a re-appointment. If he should be re-appointable by the Legislature, he will be no check on it. His revisionary power will be of no avail. He had always thought and contended, as he still did, that the danger apprehended by the little States was chimerical; but those who thought otherwise ought to be VOL. I.-72*

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