191-'.] • OF THE UNITED STATES. 399 



Note 2. — " Mr. (Madison) observed that the Senate represented the States 

 alone, and that for this as well as other obvious reasons it v^as proper that 

 the President should be an agent in treaties. 



" Mr. Govr. Morris did not know that he should agree to refer the 

 making of treaties to the Senate at all, but for the present wd. move to add 

 as an amendment to the section, after ' treaties ' — ' but no treaty shall be 

 binding on the United States which is not ratified by a law.' 



" Mr. Madison suggested the inconvenience of requiring a legal ratifica- 

 tion of treaties of alliance for the purposes of war &c. &c. 



"Mr. Ghorum. Many other disadvantages must be experienced if 

 treaties of peace and all negotiations are to be previously ratified — and if not 

 previously, the Ministers would be at a loss how to proceed — What would be 

 the case in G. Britain if the King were to proceed in this manner? Ameri- 

 can Ministers must go abroad not instructed by the same authority (as will 

 be the case with other Ministers) which is to ratify their proceedings. 



" Mr. Govr. Morris. As to treaties of alliance, they will oblige foreign 

 powers to send their Ministers here, the very thing we should wish for. Such 

 treaties could not be otherwise made, if his amendment should succeed. In 

 general he was not solicitous to multiply and facilitate treaties. He wished 

 none to be made with G. Britain, till she should be at war. Then a good 

 bargain might be made with her. So with other foreign powers. The more 

 difficulty in making treaties, the more value will be set on them. 



" Mr. Wilson. In the most important treaties, the King of G. Britain 

 being obliged to resort to Parliament for the execution of them, is under 

 the same fetters as the amendment of Mr. Morris will impose on the Senate. 

 It was refused yesterday to permit even the Legislature to lay duties on 

 exports. Under the clause, without the amendment, the Senate alone can 

 make a treaty, requiring all the rice of S. Carolina to be sent to some one 

 particular port. 



" Mr. Dickinson concurred in the amendment, as most safe and proper, 

 tho' he was sensible it was unfavorable to the little States; which would 

 otherwise have an equal share in making treaties. 



" Doer. Johnson thought there was something of solecism in saying that 

 the acts of a Minister with plenipotentiary powers from one body, should 

 depend for ratification on another body. The example of the King of G. B. 

 was not parallel. Full and complete power was vested in him — If the Parlia- 

 ment should fail to provide the necessary means of execution, the treaty 

 would be violated. 



" Mr. Ghorum in answer to Mr. Govr. Morris, said that negotiations on 

 the spot were not to be desired by us, especially if the whole Legislature is 

 to have anything to do with Treaties. It will be generally influenced by 

 two or three men, who will be corrupted by the Ambassadors here. In such 

 a Government as ours, it is necessary to guard against the Government itself 

 being seduced. 



" Mr. Randolph observing that almost every speaker had made objections 

 to the clause as it stood, moved in order to a further consideration of the 



