[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 77/87
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. "It is a fact declared by the general convention and universally understood, that the constitution of the United States was the result of a spirit of amity and mutual concession.
And it is well known, that under this influence, the smaller states were admitted to an equal representation in the senate with the larger states; and that this branch of the government was invested with great powers; for on the equal participation of those powers, the sovereignty and political safety of the smaller states were deemed essentially to depend. "If other proofs than these and the plain letter of the constitution itself be necessary to ascertain the point under consideration, they may be found in the journals of the general convention which I have deposited in the office of the department of state.
In these journals it will appear, that a proposition was made 'that no treaty should be binding on the United States which was not ratified by a law,' and that the proposition was explicitly rejected. [Sidenote: He declines sending them.] "As therefore it is perfectly clear to my understanding that the assent of the house of representatives is not necessary to the validity of a treaty; as the treaty with Great Britain exhibits in itself all the objects requiring legislative provision; and on these the papers called for can throw no light; and as it is essential to the due administration of the government that the boundaries fixed by the constitution between the different departments should be preserved; a just regard to the constitution, and to the duty of my office, under all the circumstances of this case, forbid a compliance with your request." The terms in which this decided, and, it would seem, unexpected negative to the call for papers was conveyed, appeared to break the last cord of that attachment which had theretofore bound some of the active leaders of the opposition to the person of the President. Amidst all the agitations and irritations of party, a sincere respect, and real affection for the chief magistrate, the remnant of former friendship, had still lingered in the bosoms of some who had engaged with ardour in the political contests of the day.
But, if the last spark of this affection was not now extinguished, it was at least concealed under the more active passions of the moment. [Sidenote: Debates upon the treaty making power.] A motion to refer the message of the President to a committee of the whole house, was carried by a large majority.
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