oses, to preserve, protect and defend the constitution[41] will
permit.
[Footnote 41: The words of the oath of office prescribed for
the chief magistrate.]
"The nature of foreign negotiations require caution, and their success
must often depend on secrecy: and even when brought to a conclusion, a
full disclosure of all the measures, demands, or eventual concessions
which may have been proposed or contemplated would be extremely
impolitic; for this might have a pernicious influence on future
negotiations, or produce immediate inconveniences, perhaps danger and
mischief to other persons. The necessity of such caution and secrecy
was one cogent reason for vesting the power of making treaties in the
President, with the advice and consent of the senate, the principle on
which that body was formed confining it to a small number of members.
"To admit then a right in the house of representatives to demand, and
to have as a matter of course, all the papers respecting a negotiation
with a foreign power, would be to establish a dangerous precedent.
"It does not occur that the inspection of the papers asked for, can be
relative to any purpose under the cognizance of the house of
representatives, except that of an impeachment, which the resolution
has not expressed. I repeat that I have no disposition to withhold any
information which the duty of my station will permit, or the public
good shall require to be disclosed; and in fact, all the papers
affecting the negotiation with Great Britain were laid before the
senate, when the treaty itself was communicated for their
consideration and advice.
"The course which the debate has taken on the resolution of the house,
leads to some observations on the mode of making treaties under the
constitution of the United States.
"Having been a member of the general convention, and knowing the
principles on which the constitution was formed, I have ever
entertained but one opinion upon this subject; and from the first
establishment of the government to this moment, my conduct has
exemplified that opinion. That the power of making treaties is
exclusively vested in the President, by and with the advice and
consent of the senate, provided two-thirds of the senators present
concur; and that every treaty so made and promulgated, thenceforward
becomes the law of the land. It is thus that the treaty making power
has been understood by foreign nations: and in all the treaties made
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