On the question on the following words "And all other officers of U.S."
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.
On 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 nem: 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"–this last clause being before the House.
Mr 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.
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 2/3 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, 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. 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 Legislature.
Mr Govr 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.