Page:The Records of the Federal Convention of 1787 Volume 2.djvu/546

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?z[O I?ECOP. D8 OF THE FEDERAL CONVENTION Friday MADISON Septeraber 7 N. H-- ay-- Mas ay. Ct ay. N-- J-- ay. Pa. no. Del. ay. Md. ay. Va ay. N-- C. ay. S-- C. no. Geo. ay. [Ayes 9; noes -- 24 On ?9 motion of Mr. Spaight--"that the President shall have power to fill up all vacancies that may happen during the recess of the Senate by granting Commissions which shall expire at the end of the next Session of the Senate" It was agreed to hem: con: 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 "m this last being before the House. n Mr Wilson thought it objectionable to require the con- currence of a a which puts it in the power of a minority to con- troul the will of a majority. Mr. 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 -? was required. Mr. 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: Mr. Madison then moved to authorize a concurrence of two thirds of the Senate to make treaties of peace, wlthout 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. Mr. Butler 2ded. the motion Mr 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 Leglslature. Mr. Govr Morris thought the power of the President in m Several lines preceding were crossed out, they eontalned Mason's motion for a Council of State repeated below. From the Journal and Detail of Ayes and Noes, it seems as if this motion might have been offered at this time, but not voted upon till later. ?o Crmsed out "Clau?e (7)"- a See Appendix A, CCIV, CCXVII.