The great debate which, from the principles involved in it as well as
the argument and oratory with which they were discussed, made this
session of the House famous, was on the treaty with Great Britain. This
was the first foreign treaty made since the establishment of the
Constitution. The treaty was sent in to the House "for the information
of Congress," by the President, on March 1, with notice of its
ratification at London in October. The next day Mr. Edward Livingston
moved that the President be requested to send in a copy of the
instructions to the minister of the United States who negotiated the
treaty, together with the correspondence and other documents. A few days
later he amended his resolution by adding an exception of such of said
papers as any existing negotiations rendered improper to disclose. The
Senate in its ratification of the treaty suspended the operation of the
clause regulating the trade with the West Indies, on which Great Britain
still imposed the old colonial restriction, and recommended the
President to open negotiations on this subject; and in fact such
negotiations were in progress. The discussion was opened on the Federal
side by a request to the gentlemen in favor of the call to give their
reasons. Mr. Gallatin supported the resolution, and expressed surprise
at any objection, considering that the exception of the mover rendered
the resolution of itself unexceptionable. The President had not informed
the House of the reasons upon which the treaty was based. If he did not
think proper to give the information sought for, he would say so to
them. A question might arise whether the House should get at those
secrets even if the President refused the request, but that was not the
present question. In reply to Mr. Murray, who asserted that the treaty
was the supreme law of the land, and that there was no discretionary
power in the House except on the question of its constitutionality, Mr.
Gallatin said that Congress possessed the power of regulating
trade,--perhaps the treaty-making power clashed with that,--and
concluded by observing that the House was the grand inquest of the
nation, and that it had the right to call for papers on which to ground
an impeachment. At present he did not contemplate an exercise of that
right. Mr. Madison said it was now to be decided whether the general
power of making treaties supersedes the powers of the House of
Representatives, particularly specified in the Constitution, so as to
give to the executive all deliberative will and leave the House only an
executive and ministerial instrumental agency; and he proposed to amend
the resolution so as to read, "except so much of said papers as in his
(the President's) judgment it may be inconsistent with the interest of
the United States at this time to disclose." But his motion was defeated
by a vote of 47 nays to 37 yeas.
Public-domain text, read in full here on John Shaqi.
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