Mr. GERRY observed, that the power of suspending might do all the mischief dreaded from the negative of useful laws, without answering the salutary purpose of checking unjust or unwise ones.
On the question for giving this suspending power, all the states, to wit,
Massachusetts, Connecticut, New York, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, were—no.
On a question for enabling two thirds of each branch of the legislature to overrule the provisionary check, it passed in the affirmative, sub silentio, and was inserted in the blank of Mr. Gerry's motion.
On the question on Mr. Gerry's motion, which gave the executive alone, without the judiciary, the revisionary control on the laws, unless overruled by two thirds of each branch,—
Massachusetts, New York, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, ay, 8; Connecticut, Maryland, no, 2.
It was moved by Mr. WILSON, seconded by Mr. MADISON, that the following amendment be made to the last resolution: after the words "national executive," to add "and a convenient number of the national judiciary."
An objection of order being taken by Mr. HAMILTON to the introduction of the last amendment at this time, notice was given by Mr. WILSON and Mr. MADISON, that the same would be moved to-morrow; whereupon Wednesday was assigned to reconsider the amendment of Mr. Gerry.
It was then moved and seconded to proceed to the consideration of the ninth resolution submitted by Mr. Randolph; when, on motion to agree to the first clause, namely, "Resolved, that a national judiciary be established," it passed in the affirmative, nem. con.
It was then moved and seconded to add these words to the first clause of the ninth resolution, namely, "to consist of one supreme tribunal, and of one or more inferior tribunals;" which passed in the affirmative.91
The committee then rose, and the house adjourned.
Gov. Livingston, of New Jersey, took his seat.
In Committee of the Whole.—The words "one or more" were struck out before "inferior tribunals," as an amendment to the last clause of the ninth resolution. The clause, "that the national judiciary be chosen by the national legislature," being under consideration,—
Mr. WILSON opposed the appointment of judges by the national legislature. Experience showed the impropriety of such appointments by numerous bodies. Intrigue, partiality, and concealment, were the necessary consequences. A principal reason for unity in the executive was, that officers might be appointed by a single responsible person.
Mr. RUTLEDGE was by no means disposed to grant so great a
