The Life of George Washington, Vol. 5: Commander in Chief of the American Forces During the War; which Established the Independence of his Country and First; President of the United StatesMarshall, John
History
The Life of George Washington, Vol. 5: Commander in Chief of the American Forces During the War; which Established the Independence of his Country and First; President of the United States
Marshall, John
Generals -- United States -- Biography; Presidents -- United States -- Biography; Washington, George, 1732-1799
It was also a subject for serious reflection, that in a debate
unusually elaborate, the house of representatives had claimed a right
of interference in the formation of treaties, which, in the judgment
of the President, the constitution had denied them. Duties the most
sacred requiring that he should resist this encroachment on the
department which was particularly confided to him, he could not
hesitate respecting the course it became him to take; and on the 30th
of March he returned the following answer to the resolution which had
been presented to him.
"Gentlemen of the house of representatives,
"With the utmost attention I have considered your resolution of the
24th instant, requesting me to lay before your house, a copy of the
instructions to the minister of the United States, who negotiated the
treaty with the king of Great Britain, together with the
correspondence and other documents relative to that treaty, excepting
such of the said papers, as any existing negotiation may render
improper to be disclosed.
"In deliberating upon this subject, it was impossible for me to lose
sight of the principle which some have avowed in its discussion, or to
avoid extending my views to the consequences which must flow from the
admission of that principle.
"I trust that no part of my conduct has ever indicated a disposition
to withhold any information which the constitution has enjoined it
upon the President as a duty to give, or which could be required of
him by either house of congress as a right; and with truth I affirm,
that it has been, as it will continue to be, while I have the honour
to preside in the government, my constant endeavour to harmonize with
the other branches thereof, so far as the trust delegated to me by the
people of the United States, and my sense of the obligation it
imposes, to preserve, protect and defend the constitution[41] will
permit.
[Footnote 41: The words of the oath of office prescribed for
the chief magistrate.]
"The nature of foreign negotiations require 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 to other persons. 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.
Public-domain text, read in full here on John Shaqi.
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