Mr.Madison said it was now to be decided whether the general power of making treaties supersedes the powers of the House of Representatives, particularly specified in the Constitution, so as to give to the executive all deliberative will and leave the House only an executive and ministerial instrumental agency; and he proposed to amend the resolution so as to read, "except so much of said papers as in his (the President's) judgment it may be inconsistent with the interest of the United States at this time to disclose." But his motion was defeated by a vote of 47 nays to 37 yeas.
The discussion being resumed in committee of the whole, the expressions of opinion were free on both sides, but so moderate that one of the members made comment on the calmness and temper of the discussion.
Nicholas said that, if the treaty were not the law of the land, the President should be impeached.

But the parts of the treaty into which the President had not the right to enter, he could not make law by proclamation.

Swanwick supported the call as one exercised by the House of Commons.

On the Federal side, Harper said that the papers were not necessary, and, being unnecessary, the demand was an improper and unconstitutional interference with the executive department.

If he thought them necessary, he would change the milk and water style of the resolutions.