the President, who will have ill the requisite qualities, and will not make war but when the nation will support it.
Mr. MADISON and Mr. GERRY moved to insert "declare," striking out "make" war, leaving to the executive the power to repel sudden attacks.
Mr. SHERMAN thought it stood very well. The executive should be able to repel, and not to commence, war. "Make" is better than "declare," the latter narrowing the power too much.
Mr. GERRY never expected to hear, in a republic, a motion to empower the executive alone to declare war.
Mr. ELLSWORTH. There is a material difference between the cases of making war and making peace. It should be more easy to get out of war than into it. War, also, is a simple and overt declaration; peace, attended with intricate and secret negotiations.
Mr. MASON was against giving the power of war to the executive, because not safely to be trusted with it; or to the Senate, because not so constructed as to be entitled to it. He was for clogging, rather than facilitating, war; but for facilitating peace. He preferred "declare" to "make."
On the motion to insert "declare," in place of "make," it was agreed to.
Connecticut,[1] Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, ay, 8; New Hampshire, no, 1; Massachusetts, absent.
Mr. PINCKNEY'S motion, to strike out the whole clause, was disagreed to, without call of states.
Mr. BUTLER moved to give the legislature the power of peace, as they were to have that of war.
Mr. GERRY seconds him. Eight senators may possibly exercise the power, if vested in that body, and fourteen if all should be present, and may, consequently, give up part of the United States The Senate are more liable to be corrupted by an enemy than the whole legislature.
On the motion for adding "and peace," after "war," it was unanimously negatived.215
Adjourned.
Saturday, August 18.
In Convention.—Mr. MADISON submitted, in order to be referred to the committee of detail, the following powers, as proper to be added to those of the general legislature:—
"To dispose of the unappropriated lands of the United States.
"To institute temporary governments for new states arising therein.
"To regulate affairs with the Indians, as well within as without the limits of the United States.
"To exercise, exclusively, legislative authority at the seat of the general government, and over a district around the same not exceeding ——— square miles, the consent of the legislature of the state or states, comprising the same, being first obtained.
- ↑ Connecticut voted in the negative; but, on the remark, by Mr. King, that "make" war might be understood to "conduct" it, which was an executive function, Mr. Ellsworth gave up his objection, and the vote was changed to ay.
