278 BURR— THE TREATY-MAKING POWER [April 20. 



Madison is instructive. He urges that the president should be an 

 agent in making treaties. Gouverneur Morris moved an amend- 

 ment: "but no treaty shall be binding on the United States which 

 is not ratified by a law." This was opposed by several on the ground 

 of the practical difficulty it would cause in negotiations, and the 

 amendment was defeated by a vote of 8 to i, one State being" 

 divided. The report, given in full in the appended notes, ^^ con- 

 cludes thus : 



" Mr. Madison hinted for consideration, whether a distinction might not 

 be made between different sorts of treaties — allowing the President and" 

 Senate to make treaties eventual and of alliance for limited terms — and 

 requiring the concurrence of the whole Legislature in other treaties."'* 



On August 31st, a committee of one member from each State was 

 appointed, to whom were referred the parts of the Constitution, con- 

 sideration of which had been postponed. ^'^ This committee reported 

 on September 4th. In this report, the clause stood: 



" 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.'"" 



On September 7th this section came up for adoption. Madison's 

 record says : 



" Mr. Wilson moved to add, after the word ' Senate ' the words, ' and 

 House of Representatives.' As treaties he said are to have the operation of 

 laws, they ought to have the sanction of laws also. The circumstance of 

 secrecy in the business of treaties formed the only objection; but this he 

 thought, so far as it was inconsistent with obtaining the Legislative sanction,, 

 was outweighed by the necessity of the latter. 



" Mr. Sherman thought the only question that could be made was whether 

 the power could be safely trusted to the Senate. He thought it could; and 

 that the necessity of secrecy in the case of treaties forbade a reference of 

 them to the whole Legislature. 



" Mr. Fitzsimmons 2ded. the motion of Mr. Wilson, and on the question 



" N. H. no. Mas. no. Ct. no. N. J. no. Pa. ay. Del. no. Md. no. 

 Va. no. N. C. no. S. C. no. Geo. no. 



"The first sentence as to making treaties was then agreed to; nem: 



con :"" 



" See note 2. '' Ibid., p. 495. 



" Farrand, Vol. II., pp. 392-4. "Ibid., p. 538. 



"Ibid., p. 481. 



