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
There is also reason to believe that this construction agrees with
the opinions entertained by the State conventions when they were
deliberating on the Constitution, especially by those who objected to it
because there was not required in _commercial treaties_ the consent of
two-thirds of the whole number of the members of the Senate instead of
two-thirds of the Senators present, and because in treaties respecting
territorial and certain other rights and claims the concurrence of
three-fourths of the whole number of the members of both Houses,
respectively, was not made necessary.
It is a fact declared by the General Convention and universally
understood that the Constitution of the United States was the result
of a spirit of amity and mutual concession; and it is well known
that under this influence the smaller States were admitted to an equal
representation in the Senate with the larger States, and that this
branch of the Government was invested with great powers, for on the
equal participation of those powers the sovereignty and political
safety of the smaller States were deemed essentially to depend.
If other proofs than these and the plain letter of the Constitution
itself be necessary to ascertain the point under consideration, they
may be found in the journals of the General Convention, which I have
deposited in the office of the Department of State. In those journals
it will appear that a proposition was made "that no treaty should be
binding on the United States which was not ratified by a law," and
that the proposition was explicitly rejected.
As, therefore, it is perfectly clear to my understanding that the assent
of the House of Representatives is not necessary to the validity of a
treaty; as the treaty with Great Britain exhibits in itself all the
objects requiring legislative provision, and on these the papers called
for can throw no light, and as it is essential to the due administration
of the Government that the boundaries fixed by the Constitution between
the different departments should be preserved, a just regard to the
Constitution and to the duty of my office, under all the circumstances
of this case, forbids a compliance with your request.
GEORGE WASHINGTON.
UNITED STATES, _March 31, 1776_.
_Gentlemen of the Senate_:
The treaty of amity, commerce, and navigation between the United States
and Great Britain requiring that commissioners should be appointed
to fix certain boundaries between the territories of the contracting
parties, and to ascertain the losses and damages represented to have
been sustained by their respective citizens and subjects, as set forth
in the fifth, sixth, and seventh articles of the treaty, in order to
carry those articles into execution I nominate as commissioners on
the part of the United States:
For the purpose mentioned in the fifth article, Henry Knox, of
Massachusetts;
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