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
Section 4. "The President by and with the advice and consent of the
Senate shall have power to make Treaties,--_But no treaty shall be made
without the consent of two thirds of the members present_"--this last
clause being before the House.
M^r Wilson thought it objectionable to require the concurrence of 2/3
which puts it into the power of a minority to controul the will of a
majority.
M^r King concurred in the objection; remarking that as the Executive was
here joined in the business, there was a check which did not exist in
Congress where the concurrence of 2/3 was required.
M^r Madison moved to insert after the word "treaty" the words "except
treaties of peace" allowing these to be made with less difficulty than
other treaties--It was agreed to nem: con:
M^r Madison then moved to authorize a concurrence of two thirds of the
Senate to make treaties of peace, without the concurrence of the
President.--The President he said would necessarily derive so much power
and importance from a state of war that he might be tempted if
authorized, to impede a treaty of peace. M^r Butler 2^{ded} the motion.
M^r Gorham thought the precaution unnecessary as the means of carrying
on the war would not be in the hands of the President, but of the
Legislature.
M^r Gov^r Morris thought the power of the President in this case
harmless; and that no peace ought to be made without the concurrence of
the President, who was the general Guardian of the National interests.
M^r Butler was strenuous for the motion, as a necessary security against
ambitious & corrupt Presidents. He mentioned the late perfidious policy
of the Statholder in Holland; and the artifices of the Duke of Marlbro'
to prolong the war of which he had the management.
M^r Gerry was of opinion that in treaties of peace a greater rather than
less proportion of votes was necessary, than in other treaties. In
Treaties of peace the dearest interests will be at stake, as the
fisheries, territory &c. In treaties of peace also there is more danger
to the extremities of the Continent of being sacrificed, than on any
other occasions.
M^r Williamson thought that Treaties of peace should be guarded at least
by requiring the same concurrence as in other Treaties.
On the motion of M^r Madison & M^r Butler
N. H. no. Mas. no. C^t no. N. J. no. P^a no. Del. no. M^d ay.
V^a no. N. C. no. S. C. ay. Geo. ay.
On the part of the clause concerning treaties amended by the exception
as to Treaties of peace,
N. H. ay. Mas. ay. C^t ay. N. J. no. P^a no. Del. ay. M^d ay.
V^a ay. N. C. ay. S. C. ay. Geo. no.
"and may require the opinion in writing of the principal officer in each
of the Executive Departments, upon any subject relating to the duties of
their respective offices," being before the House
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