Mr. DICKINSON was for a Council. It would be a singular thing, if the measures of the Executive were not to undergo some previous discussion before the President.

Mr. MADISON was in favor of the instruction to the Committee proposed by Col. MASON.

The motion of Col. MASON was negatived,

Maryland, South Carolina, Georgia, aye-3; New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, no 8.

On the question for authorizing the President to call for the opinions of the Heads of Departments, in writing, it passed in the affirmative, New Hampshire only being, no.*

The clause was then unanimously agreed to.

Mr. WILLIAMSON and Mr. SPAIGHT moved, "that no treaty of peace affecting territorial rights should be made without the concurrence of two-thirds of the members of the Senate present."

Mr. KING. It will be necessary to look out for securities for some other rights, if this principle be established; he moved to extend the motion to "all present rights of the United States."

Adjourned.

SATURDAY, SEPTEMBER 8TH.

In Convention,-The last Report of the Committee of Eleven (see the fourth of September) was resumed.

* Not so stated in the printed Journal; but conformable to the result afterwards appearing.

Mr. KING moved to strike out the exception of treaties of peace, from the general clause requiring two-thirds of the Senate for making treaties.

Mr. WILSON wished the requisition of two-thirds to be struck out altogether. If the majority cannot be trusted, it was a proof, as observed by Mr. GORthat we were not fit for one society.

HAM,

to.

A reconsideration of the whole clause was agreed

Mr. GOUVERNEUR MORRIS was against striking out the exception of treaties of peace. If two-thirds of the Senate should be required for peace, the Legislature will be unwilling to make war for that reason, on account of the fisheries, or the Mississippi, the two great objects of the Union. Besides, if a majority of the Senate be for peace, and are not allowed to make it, they will be apt to effect their purpose in the more disagreeable mode of negativing the supplies for the war.

Mr. WILLIAMSON remarked, that treaties are to be made in the branch of the Government where there may be a majority of the States, without a majority of the people. Eight men may be a majority of a quorum, and should not have the power to decide the conditions of peace. There would be no danger, that the exposed States, as South Carolina or Georgia, would urge an improper war for the Western territory.

Mr. WILSON. If two-thirds are necessary to make peace, the minority may perpetuate war, against the sense of the majority.

Mr. GERRY enlarged on the danger of putting the essential rights of the Union in the hands of so small

a number as a majority of the Senate, representing perhaps, not one-fifth of the people. The Senate will be corrupted by foreign influence.

Mr. SHERMAN was against leaving the rights established by the treaty of peace, to the Senate; and moved to annex a proviso, that no such rights should be ceded without the sanction of the Legislature.

Mr. GOUVERNEUR MORRIS seconded the ideas of Mr. SHERMAN.

Mr. MADISON observed that it had been too easy, in the present Congress, to make treaties, although nine States were required for the purpose.

On the question for striking out, "except treaties of peace,❞—

New Hampshire, Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, aye-8; New Jersey, Delaware, Maryland, no-3.

Mr. WILSON and Mr. DAYTON moved to strike out the clause, requiring two-thirds of the Senate, for making treaties; on which, Delaware, aye-1; New Hampshire, Massachusetts, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, no-9; Connecticut, divided.

Mr. RUTLEDGE and Mr. GERRY moved that "no treaty shall be made without the consent of twothirds of all the members of the Senate"-according to the example in the present Congress.

Mr. GORHAM. There is a difference in the case, as the President's consent will also be necessary in the new Government.

On the question,

North Carolina, South Carolina, Georgia, aye—3; New Hampshire, Massachusetts, (Mr. GERRY, aye,) Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, no—8.

Mr. SHERMAN moved that "no treaty shall be made without a majority of the whole number of the Senate."

Mr. GERRY seconded him.

Mr. WILLIAMSON. This will be less security than two-thirds, as now required.

Mr. SHERMAN. It will be less embarrassing. On the question, it passed in the negative,Massachusetts, Connecticut, Delaware, South Carolina, Georgia, aye-5; New Hampshire, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, no-6.

Mr. MADISON moved that a quorum of the Senate consist of two-thirds of all the members.

Mr. GOUVERNEUR MORRIS. This will put it in the power of one man to break up a quorum.

Mr. MADISON. This may happen to any quorum. On the question, it passed in the negative,Maryland, Virginia, North Carolina, South Carolina, Georgia, aye-5; New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, no-6.357

Mr. WILLIAMSON and Mr. GERRY, moved "that no treaty should be made without previous notice to the members, and a reasonable time for their attending."

On the question,-all the States, no; except North Carolina, South Carolina, and Georgia, aye.

On a question on the clause of the Report of the

Committee of eleven, relating to treaties by twothirds of the Senate-all the States were, aye; except Pennsylvania, New Jersey, and Georgia, no.358

Mr. GERRY moved, that "no officer shall be appointed but to offices created by the Constitution or by law." This was rejected as unnecessary,—

Massachusetts, Connecticut, New Jersey, North Carolina, Georgia, aye-5; New Hampshire, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, no-6.

The clause referring to the Senate the trial of impeachments against the President, for treason and bribery, was taken up.

Colonel MASON. Why is the provision restrained to treason and bribery only? Treason, as defined in the Constitution, will not reach many great and dangerous offences. Hastings is not guilty of treason. Attempts to subvert the Constitution may not be treason, as above defined. As bills of attainder, which have saved the British constitution, are forbidden, it is the more necessary to extend the power of impeachments. He moved to add, after "bribery," or maladministration." Mr. GERRY seconded him. Mr. MADISON. So vague a term will be equivalent to a tenure during pleasure of the Senate.

Mr. GOUVERNEUR MORRIS. It will not be put in force, and can do no harm. An election of every four years, will prevent maladministration.

Col. MASON withdrew "maladministration;" and substituted, "other high crimes and misdemeanours against the State."

On the question, thus altered,—

New Hampshire, Massachusetts, Connecticut, Ma