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. FITZSIMONS seconded the motion of Mr. Wilson; and, on the question,—
Pennsylvania, ay, 1; New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, no, 10.
The first sentence, as to making treaties, was then agreed to, nem. con.
On the clause, "He shall nominate," &c.,—"appoint ambassadors," &c.,—
Mr. WILSON objected to the mode of appointing, as blending a branch of the legislature with the executive. Good laws are of no effect, without a good executive; and there can be no good executive without a responsible appointment of officers to execute. Responsibility is in a manner destroyed by such an agency of the Senate. He would prefer the council proposed by Col. Mason, provided its advice should not be made obligatory on the President.
Mr. PINCKNEY was against joining the Senate in these appointments, except in the instances of ambassadors, who, he thought, ought not to be appointed by the President.
Mr. GOUVERNEUR MORRIS said, that, as the President was to nominate, there would be responsibility; and as the Senate was to concur, there would be security. As Congress now make appointments, there is no responsibility.
Mr. GERRY. The idea of responsibility in the nomination to offices is chimerical. The President cannot know all characters, and can therefore always plead ignorance.
Mr. KING. As the idea of a council, proposed by Col. Mason, has been supported by Mr. Wilson, he would remark, that most of the inconveniences charged on the Senate are incident to a council of advice. He differed from those who thought the Senate would sit constantly. He did not suppose it was meant that all the minute officers were to be appointed by the Senate, or any other original source, but by the higher officers of the departments to which they belong. He was of opinion, also, that the people would be alarmed at an unnecessary creation of new corps, which must increase the expense as well as influence of the government.
On the question on these words in the clause, viz.,
