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 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 upon 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
becomes 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 a true one. Nay, they have
more than acquiesced; for until now, without controverting the
obligation of such treaties, they have made all the requisite
provisions for carrying them into effect.
"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.
Public-domain text, read in full here on John Shaqi.
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