Mr Butler. The Objections agst the Legislature lie in a great degree agst the Senate. He was for vesting the power in the President, who will have all the requisite qualities, and will not make war but when the Nation will support it.

Mr Madison and Mr Gerry moved to insert "declare," striking out "make" war; leaving to the Executive the power to repel sudden attacks.

Mr Sherman thought it stood very well. The Executive shd be able to repel and not to commence war. "Make" is better than "declare" the latter narrowing the power too much.

Mr Gerry never expected to hear in a republic a motion to empower the Executive alone to declare war.

Mr Elsworth. There is a material difference between the cases of making war and making peace. It shd be more easy to get out of war, than into it. War also is a simple and overt declaration, peace attended with intricate & secret negociations.

Mr Mason was agst giving the power of war to the Executive because not safely to be trusted with it; or to the Senate, because not so constructed as to be entitled to it. He was for clogging rather than facilitating war; but for facilitating peace. He preferred "declare" to "make."

On the motion to insert "declare"–in place of "make," it was agreed to.

N.H. no. Mass, abst. Cont no. [33] Pa ay. Del. ay. Md ay. Va ay. N.C. ay. S.C. ay. Geo. ay.

[ [33] On the remark by Mr King that "make" war might be understood to "conduct" it which was an Executive function. Mr Elsworth gave up his objection, and the vote of Con. was changed to ay.–Madison's Note.

Mr Pinkney's motion to strike out whole clause, disagd to without call of States.