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title:“John McKesson's Notes of the New York Ratification Convention Debates”
authors:John McKesson
date written:1788-7-4

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https://consource.org/document/john-mckessons-notes-of-the-new-york-ratification-convention-debates-1788-7-4/20130122082059/
last updated:Jan. 22, 2013, 8:20 a.m. UTC
retrieved:March 19, 2019, 5:11 p.m. UTC

transcription
citation:
McKesson, John. "John McKesson's Notes of the New York Ratification Convention Debates." The Documentary History of the Ratification of the Constitution. Vol. 22. Ed. John P. Kaminski. Madison: Wisconsin Historical Society Press, 2008. 2094-97. Print.
manuscript
source:
McKesson's Notes, New-York Historical Society

John McKesson's Notes of the New York Ratification Convention Debates (July 4, 1788)

CONVENTION PROCEEDINGS. Article 2d begun— MELANCTON SMITH. As the Convention first framed this Article the President was to hold his Office for Seven years and not be eligible a second Time—Many Reasons may be assigned for this—His power & Interest great—If he is reeli[gi]ble he may take & pursue his own Interest too far—and will have the Means of doing it— Mr. Smith moved for the Followg. Resolution "Resolved as the opinion of this Committee that the President of the united States should hold his Office during the Term of Seven years, and that he should not be eligible a second time."
Sect. 2d.
GILBERT LIVINGSTON. This Clause will permit the presdt. to make himself exceedingly formidable— He not to be permitted to command the army militia or navy in Person without the Consent of Congress— He should not be Mr. G Livingston moved— Resolved as the opinion of this Committee that the President of the united States should never command the Army Militia or Navy of the united States in Person, without the Consent of the Congress— And that he should not have Power to grant Pardons for Treason without the Consent of the Congress MELANCTON SMITH. Great Inconveniences may arise— He is the Commander in Chief of all the Militia—As the Clause now Stands he may in Time of War take the Command of the Army— Governmt. cannot be carried on without him—Great Evils may arise thereby to the united States— If he can pardon Treason, it may be committed by his Connivance & Consent The Offenders being certain of a pardon if Convicted— Section 2d. paragraph 2d.
MELANCTON SMITH. The Senate are the Court of Impeachmts. to try all officers Impeached—And yet the Council for the appointmt. of all Officers— Mr Smith Moved & secon[d]ed by Mr Yates for the followg Amendmt. to the 2d & 3d Parag.
1
Resolved as the opinion of this Committee that the Congress shall appoint in such manner as they may think proper, a Council to advise the President in the Appointment of Officers—That the said Council should continue in Office for four years—That they should keep a Record of their Proceedings and Sign the Same; and always be responsible for their Advice, and impeachable for mal Conduct in Office— That the Counsellors should have a reasonable Allowance for their Services fixed by Standing Laws—And that no man should be elected a Counsellor who shall not have attained to the Age of 35 years, And who is not either a natural born Citizen or has become a Citizen before the 4th. day of July 1776.
* * * * *
2
CONVENTION PROCEEDINGS. That the Second Section of the said Second Article having been read and Considered Mr. G. Livingston for an Amendment the following Resolution— Resolved as the opinion of this Committee that the President of the united States should never command the Army Militia or Navy of the united States in Person without the Consent of the Congress— And that he should not have Power to grant Pardons for Treason without the Consent of the Congress—But that in Cases where Persons are convicted of Treason he should have Authority to grant Reprieves until their Cases can be laid before the Congress.

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