The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
M^r Gov^r Morris did not know that he should agree to refer the making
of Treaties to the Senate at all, but for the present w^d move to add,
as an amendment to the section after "Treaties"--"but no Treaty shall be
binding on the U. S. which is not ratified by a law."
M^r Madison suggested the inconvenience of requiring a legal
_ratification_ of treaties of alliance for the purposes of war &c &c."
M^r Ghorum. Many other disadvantages must be experienced if treaties of
peace & all negotiations are to be previously ratified--and if not
previously, the Ministers would be at a loss how to proceed. What would
be the case in G. Britain if the King were to proceed in this manner.
American Ministers must go abroad not instructed by the same Authority
(as will be the case with other Ministers) which is to ratify their
proceedings.
M^r Gov^r Morris. As to treaties of alliance, they will oblige foreign
powers to send their ministers here the very thing we should wish for.
Such treaties could not be otherwise made, if his amendment sh^d
succeed. In general he was not solicitious to multiply & facilitate
Treaties. He wished none to be made with G. Britain, till she should be
at war. Then a good bargain might be made with her. So with other
foreign powers. The more difficulty in making treaties, the more value
will be set on them.
M^r Wilson. In the most important Treaties, the King of G. Britain being
obliged to resort to Parliament for the execution of them, is under the
same fetters as the amendment of M^r Morris' will impose on the Senate.
It was refused yesterday to permit even the Legislature to lay duties on
exports. Under the clause without the amendment, the Senate alone can
make a Treaty, requiring all the Rice of S. Carolina to be sent to some
one particular port.
M^r Dickinson concurred in the amendment, as most safe and proper, tho'
he was sensible it was unfavorable to the little States, w^{ch} would
otherwise have an _equal_ share in making Treaties.
Doc^r Johnson thought there was something of solecism in saying that the
acts of a minister with plenipotentiary powers from one Body, should
depend for ratification on another Body. The Example of the King of G.
B. was not parallel. Full & compleat power was vested in him. If the
Parliament should fail to provide the necessary means of execution, the
Treaty would be violated.
M^r Ghorum in answer to M^r Gov^r Morris, said that negotiations on the
spot were not to be desired by us, especially if the whole Legislature
is to have any thing to do with Treaties. It will be generally
influenced by two or three men, who will be corrupted by the Ambassadors
here. In such a Government as ours, it is necessary to guard against the
Government itself being seduced.
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