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
A motion to refer the message of the President to a committee of the
whole house, was carried by a large majority. In committee,
resolutions were moved by Mr. Blount of North Carolina, declaratory of
the sense of the house respecting its own power on the subject of
treaties. These resolutions take a position less untenable than had
been maintained in argument, and rather inexplicit on an essential
part of the question. Disclaiming a power to interfere in making
treaties, they assert the right of the house of representatives,
whenever stipulations are made on subjects committed by the
constitution to congress, to deliberate on the expediency of carrying
them into effect, without deciding what degree of obligation the
treaty possesses on the nation, so far as respects those points,
previous to such deliberation. After a debate in which the message was
freely criticised, the resolutions were carried, fifty-seven voting in
the affirmative, and thirty-five in the negative.
In the course of the month of March, the treaties with his Catholic
majesty, and with the Dey of Algiers, had been ratified by the
President, and were laid before congress. On the 13th of April, in a
committee of the whole house on the state of the union, the instant
the chairman was seated, Mr. Sedgewick moved "that provision ought to
be made by law for carrying into effect with good faith the treaties
lately concluded with the Dey and Regency of Algiers, the King of
Great Britain, the King of Spain, and certain Indian tribes north-west
of the Ohio."
This motion produced a warm altercation. The members of the majority
complained loudly of the celerity with which it had been made, and
resented the attempt to blend together four treaties in the same
resolution, after the solemn vote entered upon their journals,
declaratory of their right to exercise a free discretion over the
subject, as an indignity to the opinions and feelings of the house.
After a discussion manifesting the irritation which existed, the
resolution was amended, by changing the word "treaties" from the
plural to the singular number, and by striking out the words "Dey and
Regency of Algiers, the King of Great Britain, and certain Indian
tribes north-west of the river Ohio," so that only the treaty with the
King of Spain remained to be considered.
Mr. Gallatin then objected to the words "provision ought to be made by
law," as the expression seemed to imply a negative of the principle
laid down in their resolution, that the house was at perfect liberty
to pass, or not to pass, any law for giving effect to a treaty. In
lieu of them, he wished to introduce words declaring the expediency of
passing the necessary laws. This amendment was objected to as an
innovation on the forms which had been invariably observed; but it was
carried; after which, the words "with good faith," were also
discarded.
Public-domain text, read in full here on John Shaqi.
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