August 24, 1787: How to Choose a President

Greater coat of arms of the United States of America

"The election of the President by the Legislature… [will lead] to Legislative tyranny"

--Gouverneur Morris

Friday, August 24, 1787: The Convention Today

Livingston (NJ) reported that the Committee of Eleven (charged two days earlier with formulating a compromise regarding the slave trade) recommended that Congress be prevented from prohibiting the slave trade prior to 1800, but that a tax might be placed on the importation of enslaved Africans. The compromise proposal also said navigation acts might be passed by a majority of those present in Congress. The Convention decided to delay a discussion of the report.

Article IX, Sections 2 & 3, a complicated procedure for resolving disputes between states (which had been lifted verbatim from the Articles of Confederation), was taken up. Rutledge (SC) noted that the provision of a judiciary made it unnecessary and moved to strike it. Johnson (CT) seconded; Sherman (CT), Wilson (PA) and Dayton (NJ) concurred. Williamson (NC) and Gorham (MA) were uncertain, but the Convention voted 8–2–1 to strike the provision, with North Carolina and Georga opposed and Pennsylvania absent.

The delegates moved on to Article X dealing with the Executive. As written, the article had the US Congress elect the President.

Rutledge moved for the election to be a joint ballot of both houses of Congress (as opposed to each house having a separate vote). This would allot significant power to the most populous states, which would dominate the House of Representatives, which was much larger than the Senate, where each state had equal representation.

Sherman, Dayton, and Brearly (NJ), representing small states, objected. Gorham, from a large state, thought a joint ballot was a good idea: “Great delay and confusion would ensue, if the two Houses should vote separately, each having a negative on the choice of the other.” Wilson agreed with him, as did Langdon (NH), magnanimously admitting this would be “unfavorable to New Hampshire as a small State.” By Madison’s (VA) math, the large states had “ten to one” the small states’ population, but the joint ballot would only give the large states a “four to one” advantage. “This surely cannot be unreasonable, as the President is to act for the people, not for the States.”

The joint ballot motion passed 7–4, with Connecticut, Maryland, New Jersey, and Georgia opposed.

Dayton moved, and Brearly seconded, to give each state an equal vote on the joint ballot. This failed 5–6, with Connecticut, New Jersey, Delaware, Maryland, and Georgia in support.

Carroll (MD) moved, and Wilson (PA) seconded, for the people to directly elect the President of the United States. Such a motion had previously failed in the past and it failed again this time, 2–9, with Pennsylvania and Delaware in support.

Gouverneur Morris (PA) argued (as he had several times prior) that it was dangerous to have the legislature choose the President. Congress would be the most corruptible branch of government, and the President would become its tool if they elected him. He moved for the President to “be chosen by Electors to be chosen by the people of the several States.” Carroll seconded. The motion failed 5–6 with Connecticut, New Jersey, Pennsylvania, Delaware, and Virginia in support.

A stripped-down motion to have the President “be chosen by electors,” leaving out for now the still-undecided details of how those electors would be chosen, also failed, by the extraordinarily narrow margin of 4–4–2–1: New Jersey, Pennsylvania, Delaware, and Virginia,—“yes”; New Hampshire, the Carolinas, and Georgia—“no”; Connecticut and Maryland, divided; Massachusetts, absent.

The delegates then took up Article X, Section 2, on Executive powers. They passed a motion by G. Morris making it the explicit duty of the President to recommend legislation to Congress and then argued over and made some changes to the wording of the clause concerning Presidential appointments.

Before adjourning, the Convention unanimously discarded a rule passed six days earlier requiring adjournment at 4 pm. Adjournments would now be at 3 pm.

Synopsis

• Yet again, the Convention argued over how the President would be chosen.
• On this occasion, the delegates decided to have the President be elected by a joint ballot of both houses of the United States Congress.

Delegates Today

• Walter Minto, Scottish-born mathematician and principal of Erasmus Hall, wrote to Washington (VA), enclosing a “small Tract on the Theory of Planets.”
• Franklin (PA) attended Pennsylvania’s Supreme Executive Council meeting at the State House. John Smith, administrator of the estate of Robert Smith, deceased, wrote to Franklin asking him to settle his account with the estate, and in the meantime advance the estate 130 pounds to discharge its debts. Smith had built Franklin’s house.

Philadelphia Today

• Today was clear and very warm - at least 85°or more.
• Work continued on the painting of the steeple of Christ Church, the tallest building in the United States.