' '912.] OF THE UNITED STATES. 277 



•stituting one of the paramount considerations which should move 

 the Convention to form an efifective Federal government ; but his 

 fifteen resolutions do not in any way cover the subject of treaties.* 

 The inference would seem to be that he assumed that Congress, as 

 the treaty-making power under the Confederation, would likewise 

 -exercise the power under the Constitution. However that may be, 

 the first mention of the treaty-making power occurs in the New 

 Jersey plan on June 15th, where the reference is to the extension of 

 the judicial power to questions arising under treaties, and to the 

 •enforcement of treaties." When the committee of detail reported 

 a draft of the Constitution on August 6th, the First Section of the 

 Tenth Article according to the then arrangement, was as follows : 



" The Senate of the United States shall have power to make treaties, and 

 to appoint Ambassadors, and Judges of the Supreme Court."'" 



On August 15th Colonel Mason, of Virginia, seconded a motion to 

 "take the power of originating revenue bills from the Senate, and 

 Madison's notes say : 



" He was extremely earnest to take this power from the Senate, who he 

 said could already sell the whole country by means of treaties.'"' 



The notes next record the speech of Mr. ]\Iercer of [Maryland: 



"He contended (alluding to Mr. Mason's observations), that the Senate 

 •ought not to have the power of treaties. This power belonged to the Execu- 

 tive department; adding that treaties would not be final so as to alter the 

 laws of the land, till ratified by legislative authority. This was the case of 

 treaties in great Britain; particularly the late Treaty of Commerce with 

 France. 



" Col. Mason did not say that a treaty would repeal a law ; but that the 

 Senate by means of treaty might alienate territory &c., without legislative 

 sanction. The cessions of the British Islands in W — Indies by treaty alone 

 were an example — If Spain should possess herself of Georgia therefore the 

 Senate might by treaty dismember the Union."" 



On August 23rd the provision in the form that it came from the com- 

 mittee of detail, giving the power of niaking treaties to the Senate, 

 -came before the Convention. The report of the proceedings by 



^ Farrand, Vol. I., pp. 20-2. " Ibid., p. 297. 



* Ibid., p. 245. "Ibid., p. 297. 



" Farrand, Vol. II., p. 183. 



