Mr. RANDOLPH observed, that the power of appointments was a formidable one, both in the executive and legislative hands; and suggested whether the legislature should not be left at liberty to refer appointments, in some cases, to some state authority.
Mr. DICKINSON'S motion passed in the affirmative.
Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, Georgia, ay, 6; New Hampshire, Massachusetts, Delaware, South Carolina, no, 4; North Carolina, absent.
Mr. DICKINSON then moved to annex to his last amendment,
"except where, by law, the appointment shall be vested in the legislatures or executives of the several states."
Mr. RANDOLPH seconded the motion.
Mr. WILSON. If this be agreed to, it will soon be a standing instruction to the state legislatures to pass no law creating offices, unless the appointment be referred to them.
Mr. SHERMAN objected to "legislatures," in the motion, which was struck out by consent of the movers.
Mr. GOUVERNEUR MORRIS. This would be putting it in the power of the states to say, "you shall be viceroys, but we will be viceroys over you."
The motion was negatived without a count of the states.
Ordered, unanimously, that the order respecting the adjournment at four o'clock be repealed, and that in future the House assemble at ten o'clock, and adjourn at three.
Adjourned.
In Convention.—The first clause of article 7, sect. 1, being reconsidered,—
Col. MASON objected to the term "shall fulfil the engagements and discharge the debts," &c., as too strong. It may be impossible to comply with it. The creditors should be kept in the same plight. They will, in one respect, be necessarily and properly in a better. The government will be more able to pay them. The use of the term shall will beget speculations, and increase the pestilential practice of stock-jobbing. There was a great distinction between original creditors and those who purchased fraudulently of the ignorant and distressed. He did not mean to include those who have bought stock in the open market. He was sensible of the difficulty of drawing the line in this case, but he did not wish to preclude the attempt. Even fair purchasers, at four, five, six, eight, for one, did not stand on the same footing with the first holders, supposing them not to be blamable. The interest they received, even in paper, is equal to their purchase money. What he particularly wished was, to leave the door open for buying up the securities, which he thought would be precluded by the term "shall," as requiring nominal payment, and which was not inconsistent with his ideas of public faith. He was afraid, also, the word "shall" might extend to all the old continental paper.
