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



subject, that the motion of Mr. Govr. Morris should be postponed, and on 

 this question 



" Massts. no. Cont. no. N. J. — ay — Penna. ay. Del. ay. Md. ay. 

 Va. ay — N. C. no. S. C. no. — Geo. no. 



" On Mr. Govr. Morris motion 



" Massts. no. Cont. no. N. J. no. Pa. ay — Del. no. Md. no. \a. no. 

 N. C. divd S. C. no. Geo. no." 



Note 3. — The report in detail was : " Mr. Madison then moved to authorize 

 a concurrence of two thirds of the Senate to make treaties of peace, without 

 the concurrence of the President — The President he said would necessarily 

 derive so much power and importance from a state of war that he might be 

 tempted, if authorized, to impede a treaty of peace. Mr. Butler 2ded the 

 motion. 



" Mr. Ghorum thought the precaution unnecessary as the means of 

 carrying on the war would not be in the hands of the President, but of the 

 Legislature. 



" Mr. Govr. Morris thought the power of the President in this case harm- 

 less; and that no peace ought to be made without the concurrence of the 

 President, who was the general guardian of the National interests. 



" Mr. Butler was strenuous for the motion, as a necessary security against 

 ambitious and corrupt Presidents. He mentioned the late perfidious policy 

 of the stakeholder in Holland; and the artifices of the Duke of Marlbro" to 

 prolong the war of which he had the management. 



" Mr. Gerry was of opinion that in treaties of peace a greater rather than 

 less proportion of votes was necessary, than in other treaties. In treaties of 

 peace the dearest interests will be at stake, as the fisheries, territories &c. 

 In treaties of peace also there is more danger to the extremities of the 

 Continent, of being sacrificed, than on any other occasions. 



" Mr. Williamson thought that treaties of peace should be guarded at 

 least by requiring the same concurrence as in other treaties. 



" On motion of Mr. Madison and Mr. Butler 



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

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



" On the part of the clause concerning treaties amended by the exception 

 as to treaties of peace. 



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

 Va. ay. N. C. ay. S. C. ay. Geo. no." 



Note 4. — Washington's message was as follows : 



" To the Gentlemen of the House of Representatives of the United 

 States : 



" With the utmost attention I have considered your resolution of the 24th 

 instant, requesting me to lay before your House, a copy of the instructions 

 to the minister of the United States, who negotiated the treaty with the King 

 of Great Britain, together with the correspondence and other documents rela- 

 tive to that treaty, excepting such of the said papers, as any existing negotia- 

 tion may render improper to be disclosed. 



