Mr. SHERMAN moved to amend the "power to grant reprieves and pardons" so as to read, "to grant reprieves until the ensuing session of the Senate, and pardons with consent of the Senate."
On the question,—
Connecticut, ay, 1; New Hampshire, Massachusetts, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, no, 8.236
The words, "except in cases of impeachment," were inserted, nem. con., after "pardons."
On the question to agree to, "but his pardon shall not be pleadable in bar," it passed in the negative.
New Hampshire, Maryland, North Carolina, South Carolina, ay, 4; Massachusetts, Connecticut, Pennsylvania, Delaware, Virginia, Georgia, no, 6.
Adjourned.
In Convention.—Article 10, sect. 2, being resumed,—
Mr. L. MARTIN moved to insert the words, "after conviction," after the words, "reprieves and pardons."
Mr. WILSON objected, that pardon before conviction might be necessary, in order to obtain the testimony of accomplices. He stated the case of forgeries, in which this might particularly happen.
Mr. L. MARTIN withdrew his motion.
Mr. SHERMAN moved to amend the clause giving the executive the command of the militia, so as to read,—
"and of the militia of the several states, when called into the actual service of the United States;"
and on the question,—
New Hampshire, Connecticut, Pennsylvania, Maryland, Virginia, Georgia, ay, 6; Delaware, South Carolina, no, 2; Massachusetts, New Jersey, North Carolina, absent.
The clause for removing the President, on impeachment by the House of Representatives, and conviction in the supreme court, of treason, bribery, or corruption, was postponed, nem. con., at the instance of Mr. GOUVERNEUR MORRIS; who thought the tribunal an improper one, particularly, if the first judge was to be of the privy council.
Mr. GOUVERNEUR MORRIS objected also to the president of the Senate being provisional successor to the President, and suggested a designation of the chief justice.
Mr. MADISON adds, as a ground of objection, that the Senate might retard the appointment of a President, in order to carry points whilst the revisionary power was in the president of their own body; but suggested that the executive powers during a vacancy be administered by the persons composing the council to the President.
Mr. WILLIAMSON suggested that the legislature ought to have power to provide for occasional successors: and moved that the last clause of article 10, sect. 2, relating to a provisional successor to the President, be postponed.
Mr. DICKINSON seconded the postponement, remarking that it
