Article 2, sect. 2, (the second paragraph.) To the end of this Mr. GOUVERNEUR MORRIS moved to annex,—
"but the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments."
Mr. SHERMAN seconded the motion.
Mr. MADISON. It does not go far enough, if it be necessary at all. Superior officers below heads of departments ought in some cases to have the appointment of the lesser officers.
Mr. GOUVERNEUR MORRIS. There is no necessity. Blank commissions can be sent.
On the motion,—
New Hampshire, Connecticut, New Jersey, Pennsylvania, North Carolina, ay, 5; Massachusetts, Delaware, Virginia, South Carolina, Georgia, no, 5; Maryland, divided.
The motion being lost, by an equal division of votes, it was urged that it be put a second time, some such provision being too necessary to be omitted; and, on a second question, it was agreed to, nem. con.
Article 2, sect. 1. The words, "and not per capita" were struck out as superfluous; and the words, "by the representatives," also, as improper, the choice of President being in another mode, as well as eventually by the House of Representatives.
Article 2, sect. 2. After the words "officers of the United States whose appointments are not otherwise provided for," were added the words "and which shall be established by law."
Article 3, sect. 2, (the third paragraph,) Mr. PINCKNEY and Mr. GERRY moved to annex to the end, "and a trial by jury shall be preserved as usual in civil cases."
Mr. GORHAM. The constitution of juries is different in different states, and the trial itself is usual in different cases, in different states.
Mr. KING urged the same objections.
Gen. PINCKNEY also. He thought such a clause in the Constitution would be pregnant with embarrassments.
The motion was disagreed to, nem. con.
Article 4, sect. 2, (the third paragraph,) the term "legally" was struck out; and the words "under the laws thereof," inserted after the word "state," in compliance with the wish of some who thought the term legal equivocal, and favoring the idea that slavery was legal in a moral view.
Article 4, sect. 3,—
"New States may be admitted by the Congress into this Union; but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned, as well as of the Congress."
Mr. GERRY moved to insert, after, "or parts of states," the words "or a state and part of a state;" which was disagreed to by a large majority; it appearing to be supposed that the case was com- prehended in the words of the clause as reported by the committee.
