Page:The Records of the Federal Convention of 1787 Volume 2.djvu/541

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I?ECOP, DS OF THE FEDERAL CONVENTION ?3S Friday MADISON September ? MADISON 'Friday Sepr. 7. I787. In Convention The mode of constituting the Executive being resumed, Mr- Randolph moved (to insert in the first Section of the report made yesterday} 9 "The Legislature may declare by law what officer of the U. S-- shall act as President in case of the death, reaignation, or disability of the President and Vice-President; and such officer shall act accordingly until the time of electing a Presi- dent shall arrive." Mr. Madison observed that this, as worded, would prevent a supply of the vacancy by an intermediate election of the President, and moved to substitute--"until such disability be removed, or a President shall be elected ---" * Mr. Governr. Morris 2ded. the motion, which was agreed to. It seemed to be an objection to the provision with some, that according to the process established for chusing the Executive, there would be difficulty in effecting it at other than the fixed periods; with others, that the Legislature was restrained in the temporary appointment to "officers" of the U. $: (They wished it to be at liberty to appoint others than such.} On the motion of Mr. Randolph as amended, it passed in the affirmative N.H. divided. Mas. no. Ct. no. N.J. ay. Pa. ay. Del-- no. Md. ay. Va. ay. N-- C-- no-- S.C. aT-- Geo. ay [Ayes -- 6; noes m 4; divided -- I.] Mr. Gerry moved "that in the election of President by the House of Representatives, no State shall vote by less than three members, and where that number may not be allotted to a State, it shall be made up by its Senators; and a concurrence of a majority of all the States shall be necessary to make such choice". Without some such provision five individuals might possibly be competent to an election, these �(In the printed Journal this amendment is put into the original Motion.) Taken from Journal.