shall appoint, ambassadors, and other public ministers and consuls, and judges of the Supreme Court,"—
it was agreed to, nem. con., the insertion of "and consuls" having first taken place.
On the question on the following words, "and all other officers of the United States,"—
New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, Virginia, North Carolina, Georgia, ay, 9; Pennsylvania, South Carolina, no, 2.
On motion of Mr. SPAIGHT, that
"the President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of the next session of the Senate,"
it was agreed to, nem. con.256
The fourth section,—
"The President, by and with the advice and consent of the Senate, shall have power to make treaties; but no treaty shall be made without the consent of two thirds of the members present,"—
being considered, and the last clause being before the House,—
Mr. WILSON thought it objectionable to require the concurrence of two thirds, which puts it into 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.
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 seconded the motion.
Mr. GORHAM thought the security unnecessary, as the means of carrying on the war would not be in the hands of the President, but of the legislature.
Mr. GOUVERNEUR MORRIS thought the power of the President in this case harmless; and that no peace ought to be made with out 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 stadtholder in Holland, and the artifices of the Duke of Marlborough to prolong the war of which he had the management.
Mr. GERRY was of opinion that in treaties of peace a greater rather than a less proportion of votes was necessary, than in other treaties. In treaties of peace the dearest interests will be at stake, as
