The Federalists met this motion by asserting that under the Constitution
the House had no right to the papers, no right to deliberate on the
merits of the treaty, no right to refuse legislation. In Mr. Griswold's
words, "The House of Representatives have nothing to do with the treaty
but provide for its execution." Untenable as this ground obviously was,
and one which no respectable legislative body could possibly accept, it
was boldly taken by the Federalists, who plunged into the contest with
their characteristic audacity and indomitable courage, traits that
compel respect even for their blunders.
The debate began on March 7, 1796, and on the 10th Mr. Gallatin spoke,
attacking the constitutional doctrine of the Federalists and laying down
his own. He claimed for the House, not a power to make treaties, but a
check upon the treaty-making power when clashing with the special powers
expressly vested in Congress by the Constitution; he showed the
existence of this check in the British constitution, and he showed its
necessity in our own, for, "if the treaty-making power is not limited by
existing laws, or if it repeals the laws that clash with it, or if the
Legislature is obliged to repeal the laws so clashing, then the
legislative power in fact resides in the President and Senate, and they
can, by employing an Indian tribe, pass any law under the color of
treaty."
The argument was irresistible; it was never answered; and indeed the
mere statement is enough to leave only a sense of surprise that the
Federalists should have hazarded themselves on such preposterous ground.
Some seventy years later, when the purchase of Alaska brought this
subject again before the House on the question of appropriating the
purchase-money stipulated by the treaty, the Administration abandoned
the old Federalist position; the right of the House to call for papers,
to deliberate on the merits of the treaty, even to refuse appropriations
if the treaty was inconsistent with the Constitution or with the
established policy of the country, was fully conceded. The
Administration only made the reasonable claim that if, upon just
consideration, a treaty was found to be clearly within the
constitutional powers of the government, and consistent with the
national policy, then it was the duty of each co-ordinate branch of the
government to shape its action accordingly.[31] This claim was
recognized; the House voted the money, and the controversy may be
considered at an end. In 1796, on the contrary, Mr. Griswold, whose
reply to Mr. Gallatin's argument was considered the most effective, and
who never shrank from a logical conclusion however extreme, admitted and
asserted that the legislative power did reside in the President and
Senate to the exclusion of the House, and added, "Allowing this to be
the case, what follows?--that the people have clothed the President and
Senate with a very important power."
Public-domain text, read in full here on John Shaqi.
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