The Writings of Thomas Jefferson, Vol. 9 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 9 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
him exactly where we found him; and so it ended.
* * * * *
November the 21st. We met at the President's. The manner of explaining
to Congress the intentions of the proclamation, was the matter of
debate. Randolph produced his way of stating it. This expressed its
views to have been, 1, to keep our citizens quiet; 2, to intimate to
foreign nations that it was the President's opinion, that the interests
and dispositions of this country were for peace. Hamilton produced his
statement, in which he declared his intention to be, to say nothing
which could be laid hold of for any purpose; to leave the proclamation
to explain itself. He entered pretty fully into all the argumentation
of Pacificus; he justified the right of the President to declare his
opinion for a _future neutrality_, and that there existed no circumstances
to oblige the United States to enter into the war on account of the
guarantee; and that in agreeing to the proclamation, he meant it to be
understood as conveying both those declarations; viz. neutrality, and
that the _casus fœderis_ on the guarantee did not exist. He admitted
the Congress might declare war, notwithstanding these declarations of
the President. In like manner, they might declare war in the face of a
treaty, and in direct infraction of it. Among other positions laid down
by him, this was with great positiveness; that the constitution having
given power to the President and Senate to make treaties, they might
make a treaty of neutrality which should take from Congress the right to
declare war in that particular case, and that under the form of a treaty
they might exercise any powers whatever, even those exclusively given by
the constitution to the House of Representatives. Randolph opposed this
position, and seemed to think that where they undertook to do acts by
treaty, (as to settle a tariff of duties,) which were exclusively given
to the Legislature, that an act of the Legislature would be necessary
to confirm them, as happens in England, when a treaty interferes with
duties established by law. I insisted that in giving to the President
and Senate a power to make treaties, the constitution meant only to
authorize them to carry into effect, by way of treaty, any powers they
might constitutionally exercise. I was sensible of the weak points in
this position, but there were still weaker in the other hypothesis; and
if it be impossible to discover a rational measure of authority to have
been given by this clause, I would rather suppose that the cases which my
hypothesis would leave unprovided, were not thought of by the convention,
or if thought of, could not be agreed on, or were thought of and deemed
unnecessary to be invested in the government. Of this last description,
were treaties of neutrality, treaties offensive and defensive, &c. In
every event, I would rather construe so narrowly as to oblige the nation
to amend, and thus declare what powers they would agree to yield, than
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