The motion of Col. Mason was negatived,—
Maryland, South Carolina, Georgia, ay, 3; New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, no, 8.
On the question for authorizing the President to call for the opinions of the heads of departments, in writing, it passed in the affirmative. New Hampshire only being no.[1]
The clause was then unanimously agreed to.
Mr. WILLIAMSON and Mr. SPAIGHT moved,
"that no treaty of peace affecting territorial rights should be made without the concurrence of two thirds of the members of the Senate present."
Mr. KING. It will be necessary to look out for securities for some other rights, if this principle be established; he moved to extend the motion to "all present rights of the United States."
Adjourned.
In Convention.—The last report of the committee of eleven (see the 4th of September) was resumed.
Mr. KING moved to strike out the exception of treaties of peace from the general clause requiring two thirds of the Senate for making treaties.
Mr. WILSON wished the requisition of two thirds to be struck out altogether. If the majority cannot be trusted, it was a proof, as observed by Mr. Gorham, that we were not fit for one society.
A reconsideration of the whole clause was agreed to.
Mr. GOUVERNEUR MORRIS was against striking out the exception of treaties of peace. If two thirds of the Senate should be required for peace, the legislature will be unwilling to make war for that reason, on account of the fisheries, or the Mississippi, the two great objects of the Union. Besides, if a majority of the Senate be for peace, and are not allowed to make it, they will be apt to effect their purpose in the more disagreeable mode of negativing the supplies for the war.
Mr. WILLIAMSON remarked, that treaties are to be made in the branch of the government where there may be a majority of the states, without a majority of the people. Eight men may be a majority of a quorum, and should not have the power to decide the conditions of peace. There would be no danger that the exposed states, as South Carolina or Georgia, would urge an improper war for the western territory.
Mr. WILSON. If two thirds are necessary to make peace, the minority may perpetuate war, against the sense of the majority.
Mr. GERRY enlarged on the danger of putting the essential rights of the Union in the hands of so small a number as a majority of the Senate, representing perhaps not one fifth of the people. The Senate will be corrupted by foreign influence.
Mr. SHERMAN was against leaving the rights established by the
- ↑ Not so stated in the printed Journal; but conformable to the result afterwards appearing.
