191-'] OF THE UNITED STATES. 279 



Later this same day the final sentence of the clause was before the 

 Convention. Madison's report continues : 



"Mr. Wilson thought it objectionable to require the concurrence of two 

 thirds which puts it in the power of a minority to control 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 two-thirds 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 :'"* 



The report then relates that Madison further moved to amend by 

 permitting treaties of peace to be negotiated by two thirds of the 

 Senate without the concurrence of the President.^'' This was de- 

 feated.-"' 



On September 8th a reconsideration of the whole clause was 

 agreed to, and the following motions were made with the indi- 

 cated results : 



That the words " except treaties of peace " be stricken out : 

 ayes 8; noes 3. 



That two thirds of the Senate must concur be stricken out: 

 ayes i ; noes 9; divided i. 



That no treaty be made with the consent of two thirds of all the 

 members of the Senate : ayes 3 ; noes 8. 



That a majority of all the Senators suffice : ayes 5 ; noes 6.-^ 



In the report of the committee of style the existing form was 

 adopted.^ 



The sixth resolution offered by Governor Randolph had enumer- 

 ated among the powers given to Congress the right " to negative all 

 laws passed by the several States, contravening in the opinion of 

 the national legislature, the articles of union. "^^ The twelfth reso- 

 lution had included among the subjects of Federal judicial jurisdic- 

 tion, " questions which may involve the national peace and har- 

 mony."^* On May 31st this resolution passed with the amendment 



'' Ibid., p. 540. " Ibid., p. 599- 



"Ibid., p. 541. "^Farrand, Vol. I., p. 21. 



^ See note 3- '* Ibid-. P- 22. 

 ^Farrand, Vol. II., p. 544. 



