A Compilation of the Messages and Papers of the Presidents. Volume 1, part 4: James Madison
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A Compilation of the Messages and Papers of the Presidents. Volume 1, part 4: James Madison
Madison, James, 1751-1836; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
Conceiving it to be my duty to decline the proposed conference with the
committee, and it being uncertain when it may be convenient to explain
to the committee, and through them to the Senate, the grounds of my so
doing, I think it proper to address the explanation directly to the
Senate. Without entering into a general review of the relations in which
the Constitution has placed the several departments of the Government to
each other, it will suffice to remark that the Executive and Senate, in
the cases of appointments to office and of treaties, are to be
considered as independent of and coordinate with each other. If they
agree, the appointments or treaties are made; if the Senate disagree,
they fail. If the Senate wish information previous to their final
decision, the practice, keeping in view the constitutional relations of
the Senate and the Executive, has been either to request the Executive
to furnish it or to refer the subject to a committee of their body to
communicate, either formally or informally, with the head of the proper
department. The appointment of a committee of the Senate to confer
immediately with the Executive himself appears to lose sight of the
coordinate relation between the Executive and the Senate which the
Constitution has established, and which ought therefore to be
maintained.
The relation between the Senate and House of Representatives, in whom
legislative power is concurrently vested, is sufficiently analogous to
illustrate that between the Executive and Senate in making appointments
and treaties. The two Houses are in like manner independent of and
coordinate with each other, and the invariable practice of each in
appointing committees of conference and consultation is to commission
them to confer not with the coordinate body itself, but with a committee
of that body; and although both branches of the Legislature may be too
numerous to hold conveniently a conference with committees, were they to
be appointed by either to confer with the entire body of the other, it
may be fairly presumed that if the whole number of either branch were
not too large for the purpose the objection to such a conference, being
against the principle as derogating from the coordinate relations of the
two Houses, would retain all its force.
I add only that I am entirely persuaded of the purity of the intentions
of the Senate in the course they have pursued on this occasion, and with
which my view of the subject makes it my duty not to accord, and that
they will be cheerfully furnished with all the suitable information in
possession of the Executive in any mode deemed consistent with the
principles of the Constitution and the settled practice under it.
JAMES MADISON.
WASHINGTON, _July 20, 1813_.
_To the Senate and House of Representatives of the United States_:
Public-domain text, read in full here on John Shaqi.
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