Page:The Records of the Federal Convention of 1787 Volume 2.djvu/645

 RECORDS OF THE FEDERAL CONVENTION 639 Saturday 1ViASON Sptmbr in any dangerous or oppressive measures, to shelter themselves, and prevent an inquiry into their own misconduct in office. Whereas, had a constitutional council been formed (as was proposed) of six members, viz.: two from the Eastern, two from the Middle, and two from the Southern States, to be appointed by vote of the States in the House of Representative% with the same duration and rotation of office as the Senate, the executive would always have had safe and proper information 'and advice; the president of such a council might have acted as Vice-President of the United States pro tempore, upon any vacancy or disability of the chief magistrate; and long con- tinued sessions of the Senate, would in a great measure have been prevented.) From this fatal defect has arisen the im- proper power of the Senate in the appointment of public officers, and the alarming dependence and connection between that branch of the legislature and the supreme Executive. Hence also sprung that unnecessary (and dangerous) officer the Vice-President, who for want of other employment is made president of the Senate, thereby dangerously blending the executive and legislative powers, besides always giving to some one of the States an unnecessary and unjust pre- eminence over the others. The President of the United States has the unrestrained power of granting pardons for treason, which may be some- times exercised to screen from punishment those whom he had secretly instigated to commit the crime, and thereby pre- vent a discovery of his own guilt. By declaring all treaties supreme laws of the land, the Executive and the Senate have, in many cases, an exclusive power of legislation; which might have been avoided by proper distinctions with respect to treaties, and requiring the assent of the House of Representatives, where it could be done with safety. By requiring only a majority to make all commercial and navigation laws, the five Southern States, whose produce and circumstances are totally different from that of the eight Northern and Eastern States, may (will) be ruined, for such rigid and premature regulations may be made as will enable

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