[The Life of George Washington, Vol. 5 (of 5) by John Marshall]@TWC D-Link bookThe Life of George Washington, Vol. 5 (of 5) CHAPTER III 73/87
This amendment, though strenuously combated by the opposition, was adopted. In February, the treaty with Great Britain was returned, in the form advised by the senate, ratified by his Britannic Majesty.
The constitution declaring a treaty, when made, the supreme law of the land, the President announced it officially to the people in a proclamation, requiring from all persons its observance and execution; a copy of which was transmitted to each house on the 1st of March. The party which had obtained the majority in one branch of the legislature, having openly denied the right of the President to negotiate a treaty of commerce, was not a little dissatisfied at his venturing to issue this proclamation before the sense of the house of representatives had been declared on the obligation of the instrument. [Sidenote: The house of representatives call upon the president for papers relating to the treaty with Great Britain.] This dissatisfaction was not concealed.
On the 2d of March, Mr. Livingston laid upon the table a resolution, requesting the President "to lay before the house a copy of the instructions to the minister of the United States, who negotiated the treaty with the king of Great Britain, communicated by his message of the 1st of March, together with the correspondence and other documents relative to the said treaty." On the 7th of March, he amended this resolution by adding the words, "excepting such of the said papers as any existing negotiation may render improper to be disclosed." After some debate, Mr.Madison proposed to modify the amendment of Mr. Livingston, so as to except such papers, as in the judgment of the President, it might be inconsistent with the interest of the United States at this time to disclose.
This proposition was rejected by a majority of ten voices, and the discussion of the original resolution was resumed.
The debate soon glided into an argument on the nature and extent of the treaty making power. The friends of the administration maintained, that a treaty was a contract between two nations, which, under the constitution, the President, by and with the advice and consent of the senate, had a right to make; and that it was made when, by and with such advice and consent, it had received his final act.
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