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, ay, 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, ay, 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 two thirds 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, ay, 3; New Hampshire, Massachusetts, Mr. Gerry, ay,) 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, ay, 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, ay, 5; New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, no, 6.257
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, ay.
On a question on the clause of the report of the committee of
