276 BURR— THE TREATY-MAKING POWER [April 20, 



style was appointed, which, on September 12th, reported the Con- 

 stitution substantially as it was afterwards adopted. On September 

 J 5th the Convention adjourned. 



The two clauses of Article I., Section 10, of the constitution 

 existed in substance in the Articles of Confederation, where in the 

 first and second paragraphs, respectively, of Article VI, it is said: 



" No State, without the consent of the United States in Congress 

 assembled, shall send any embassy to, or receive any embassy from, or enter 

 into any conference, agreement, alhance, or treaty with any king, prince, or 

 state. . . . 



" No two or more states shall enter into any treaty, confederation, or 

 alliance whatever between them, without the consent of the United States in 

 Congress assembled, specifying accurately the purpose for which the same is 

 to be entered into, and how long it shall continue." 



On August 6th the committee of detail reported the Articles XII. 

 and XIII. as follows: 



"No State shall coin money; nor grant letters of marque and reprisals; 

 nor enter into any treaty, alliance, or confederation; nor grant any title of 

 nobility." 



" No State, without the consent of the Legislature of the United States, 

 shall emit bills of credit, or make anything but specie a tender in payment of 

 debts; nor lay imposts or duties on imports; nor keep troops or ships of war 

 in time of peace ; nor enter into any agreement or compact with another 

 State, or with any foreign power; nor engage in any war, unless it shall 

 be actually invaded by enemies, or the danger of invasion be so imminent, as 

 not to admit of delay, until the Legislature of the United States can be 

 consulted.'" 



The committee on style varied the expression of these provisions,* 

 and just as the Convention was about to adjourn, the wording was 

 still further but immaterially changed.'^ 



The provision for making of treaties by the President and 

 Senate, afterwards contained in the Second Section of the Second 

 Article of the Constitution, was the subject of some controversy. 

 In Governor Randolph's speech presenting what became known as 

 the Virginia plan, he referred to dangers existing on account of 

 State violations of treaties made under the Confederation, as con- 



* Records of the Federal Convention, Max Farrand, Vol. IL, p. 187. 

 " Ibid., p. 597- 

 'Ibid., p. 621. 



