A Compilation of the Messages and Papers of the Presidents. Volume 1, part 1: George Washington
History
A Compilation of the Messages and Papers of the Presidents. Volume 1, part 1: George Washington
Presidents -- United States; United States -- History -- Sources; United States -- Politics and government; Washington, George, 1732-1799
The nature of foreign negotiations requires caution, and their success
must often depend on secrecy; and even when brought to a conclusion a
full disclosure of all the measures, demands, or eventual concessions
which may have been proposed or contemplated would be extremely
impolitic; for this might have a pernicious influence on future
negotiations, or produce immediate inconveniences, perhaps danger and
mischief, in relation to other powers. The necessity of such caution and
secrecy was one cogent reason for vesting the power of making treaties
in the President, with the advice and consent of the Senate, the
principle on which that body was formed confining it to a small number
of members. To admit, then, a right in the House of Representatives
to demand and to have as a matter of course all the papers respecting
a negotiation with a foreign power would be to establish a dangerous
precedent.
It does not occur that the inspection of the papers asked for can
be relative to any purpose under the cognizance of the House of
Representatives, except that of an impeachment, which the resolution
has not expressed. I repeat that I have no disposition to withhold any
information which the duty of my station will permit or the public good
shall require to be disclosed; and, in fact, all the papers affecting
the negotiation with Great Britain were, laid before the Senate when
the treaty itself was communicated for their consideration and advice.
The course which the debate has taken on the resolution of the House
leads to some observations on the mode of making treaties under the
Constitution of the United States.
Having been a member of the General Convention, and knowing the
principles on which the Constitution was formed, I have ever entertained
but one opinion on this subject; and from the first establishment of the
Government to this moment my conduct has exemplified that opinion--that
the power of making treaties is exclusively vested in the President,
by and with the advice and consent of the Senate, provided two-thirds
of the Senators present concur; and that every treaty so made and
promulgated thenceforward became the law of the land. It is thus that
the treaty-making power has been understood by foreign nations, and
in all the treaties made with them _we_ have declared and _they_ have
believed that, when ratified by the President, with the advice and
consent of the Senate, they became obligatory. In this construction
of the Constitution every House of Representatives has heretofore
acquiesced, and until the present time not a doubt or suspicion has
appeared, to my knowledge, that this construction was not the true one.
Nay, they have more than acquiesced; for till now, without controverting
the obligation of such treaties, they have made all the requisite
provisions for carrying them into effect.
Public-domain text, read in full here on John Shaqi.
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