Mr. WILSON. In the most important treaties, the king of Great Britain, being obliged to resort to Parliament for the execution of them, is under the same fetters as the amendment of Mr. 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 South Carolina to be sent to some one particular port.
Mr. DICKINSON concurred in the amendment, as most safe and proper, though he was sensible it was unfavorable to the little states, which would otherwise have an equal share in making treaties.
Dr. 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 Great Britain was not parallel. Full and complete power was vested in him. If the Parliament should fail to provide the necessary means of execution, the treaty would be violated.
Mr. GORHAM, in answer to Mr. Gouverneur 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.
Mr. RANDOLPH, observing that almost every speaker had made objections to the clause as it stood, moved, in order to a further consideration of the subject, that the motion of Mr. Gouverneur Morris should be postponed; and on this question, it was lost, the states being equally divided.
New Jersey, Pennsylvania, Delaware, Maryland, Virginia, ay, 5; Massachusetts, Connecticut, North Carolina, South Carolina, Georgia, no, 5.
On Mr. Gouverneur Morris's motion,—
Pennsylvania, ay, 1; Massachusetts, Connecticut, New Jersey, Delaware, Maryland, Virginia, South Carolina, Georgia, no, 8; North Carolina, divided.
The several clauses of article 9, sect. 1, were then separately postponed, after inserting, "and other public ministers," next after "ambassadors."
Mr. MADISON hinted, for consideration, whether a distinction might not be made between different sorts of treaties; allowing the President and Senate to make treaties eventual, and of alliance for limited terms, and requiring the concurrence of the whole legislature in other treaties.230
The first section of article 9, was finally referred, nem. con., to the committee of five, and the House then adjourned.
In Convention.—Gov. Livingston, from the committee of eleven, to whom were referred the two remaining clauses of the fourth section, and the fifth and sixth sections of the seventh article, delivered in the following report:—
