Page:The Records of the Federal Convention of 1787 Volume 2.djvu/632

 626 P, ECOF, DS OF THE FEDERAL CONVENTION Saturday MADISON Spttrabr ay. Md. ay. Va. no. N-- C. no. 8-- C. ay. Geo. no. [Ayes -- 6; noes -- 4; divided -- I.] The remainder of the paragraph was then remoulded and passed as follows viz-- "No State shall without the consent of Congress, lay any duty of tonnage keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay" Art II. sect. . (paragraph 6) "or the period for chuslng another president arrive" was changed into "or a President (shall) be elected" comformably to a vote of the day of Mr. Rutlidge and Docr Franklin moved to annex to the end paragraph 7- sect. x. art II-- "and he (the President) shall not receive, within that period, any other emolument from the U.S. or any of them." on which question N-- H. ay-- Mss. ay. Ct. no. N.J. no. Pa ay. Del. no. Md. ay-- Va. ay. N. C. no. S-- C. ay. Geo-- ay. [Ayes- 7; noes --4.] Art: II. sect. 2. "he shall have power to grant reprieves and pardons for offences against the U.S. &c" Mr Randolph moved to "except cases of treason". The prerogative of pardon in these cases was too great a trust. The President may himself be guilty. The Traytors may be his own instruments. Col: Mason supported the motion. Mr Govr Morris had rather there should be no pardon for treason, than let the power devolve on the Legislature. Mr Wilson. Pardon is necessary for cases of treason, and is best placed in the hands of the Executive. If he be him- self a party to the guilt he can be impeached and prosecu- ted. Mr. King thought it would be inconsistent with the Con- stitutional separation of the Executive & Legislative powers to let the prerogative be exercised by the latter- A Legis- lative body is utterly unfit for the purpose. They are governed too much by the passions of the moment. In Massachusetts, one assembly would have hung all the insurgents in that

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