Page:Debates in the Several State Conventions, v4.djvu/279

.] better calculated to answer the great ends of public happiness than any that has yet been devised.

A long debate arose on reading the Constitution in paragraphs; but, on a division, there appeared to be a majority against it.

Hon. ROBERT BARNWELL hoped gentlemen would confine themselves to the principles of this Constitution. An honorable member had already given much valuable information as reasons that operated in the Convention, so that they were now able to lay before their constituents the necessity of bringing forward this Constitution.

Judge PENDLETON read a paragraph in the Constitution, which says "the Senate shall have the sole power of impeachment." In the British government, and all governments where power is given to make treaties of peace, or declare war, there had been found necessity to annex responsibility. In England, particularly, ministers that advised illegal measures were liable to impeachment, for advising the king. Now, if justice called for punishment of treachery in the Senate, on account of giving bad advice, before what tribunal could they be arraigned? Not surely before their house; that was absurd to suppose. Nor could the President be impeached for making treaties, he acting only under advice of the Senate, without a power of negativing.

Maj. PIERCE BUTLER (one of the delegates of the Federal Convention) was one of a committee that drew up this clause, and would endeavor to recollect those reasons by which they were guided. It was at first proposed to vest the sole power of making peace or war in the Senate; but this was objected to as inimical to the genius of a republic, by destroying the necessary balance they were anxious to preserve. Some gentlemen were inclined to give this power to the President; but it was objected to, as throwing into his hands the influence of a monarch, having an opportunity of involving his country in a war whenever he wished to promote her destruction. The House of Representatives was then named; but an insurmountable objection was made to this proposition—which was, that negotiations always required the greatest secrecy, which could not be expected in a large body. The honorable gentleman then gave a clear, concise opinion on the propriety of the proposed Constitution.

Gen. CHARLES COTESWORTH PINCKNEY (one