M^r Madison and M^r Gerry moved to insert "_declare_," striking out "_make_" war; leaving to the Executive the power to repel sudden attacks. M^r Sherman thought it stood very well. The Executive sh^d be able to repel and not to commence war. "Make" is better than "declare" the latter narrowing the power too much. M^r Gerry never expected to hear in a republic a motion to empower the Executive alone to declare war. M^r Elsworth. There is a material difference between the cases of making _war_ and making _peace_. It sh^d be more easy to get out of war, than into it. War also is a simple and overt declaration, peace attended with intricate & secret negociations. M^r Mason was ag^{st} giving the power of war to the Executive because not safely to be trusted with it; or to the Senate, because not so constructed as to be entitled to it. He was for clogging rather than facilitating war; but for facilitating peace. He preferred "_declare_" to "_make_." On the motion to insert "_declare_"--in place of "_make_," it was agreed to. N.H. no. Mass, abs^t. Con^t no.[33] P^a ay. Del. ay. M^d ay. V^a ay. N.C. ay. S.C. ay. Geo. ay. [33] On the remark by M^r King that "_make_" war might be understood to "conduct" it which was an Executive function. M^r Elsworth gave up his objection, and the vote of Con. was changed to _ay_.--Madison's Note. M^r Pinkney's motion to strike out whole clause, disag^d to without call of States. M^r Butler moved to give the Legislature the power of peace, as they were to have that of war. M^r Gerry 2^{ds} him. 8 Senators may possibly exercise the power if vested in that body, and 14 if all should be present; and may consequently give up part of the U. States. The Senate are more liable to be corrupted by an Enemy than the whole Legislature. On the motion for adding "and peace" after "war," N.H. no. Mas. no. C^t no. P^a no. Del. no. M^d no. V^a no. N.C. no. S.C. no. Geo. no. Adjourned. SATURDAY AUGUST 18. IN CONVENTION M^r Madison submitted, in order to be referred to the Committee of detail the following powers as proper to be added to those of the General Legislature: "To dispose of the unappropriated lands of the U. States." "To institute temporary Governments for new States arising therein." "To regulate affairs with the Indians as well within as without the limits of the U. States." "To exercise exclusively Legislative authority at the seat of the General Government, and over a district around the same, not exceeding ---- square miles; the Consent of the Legislature of the State or States comprising the same, being first obtained." "To grant charters of incorporation in cases where the public good may require them, and the authority of a single State may be incompetent" "To secure to literary authors their copy rights for a limited time."