So if money in the treasury be
converted, they may refuse to sanction it.
The subsequent approbation of the Senate being necessary to validate a
treaty, they expect to be consulted beforehand, if the case admits.
So the subsequent act of the Representatives being necessary where money
is given, why should not they expect to be consulted in like manner,
when the case admits? A treaty is a law of the land. But prudence will
point out this difference to be attended to in making them; viz. where
a treaty contains such articles only as will go into execution of
themselves, or be carried into execution by the judges, they may be
safely made; but where there are articles which require a law to be
passed afterwards by the legislature, great caution is requisite.
For example; the consular convention with France required a very small
legislative regulation. This convention was unanimously ratified by the
Senate. Yet the same identical men threw by the law to enforce it at
the last session, and the Representatives at this session have placed it
among the laws which they may take up or not, at their own convenience,
as if that was a higher motive than the public faith.
Therefore, against hazarding this transaction without the sanction of
both Houses.
The President concurred. The Senate express the motive for this
proposition, to be a fear that the Representatives would not keep the
secret. He has no opinion of the secrecy of the Senate. In this very
case, Mr. Izard made the communication to him, sitting next to him at
table, on one hand, while a lady (Mrs. McLane) was on his other hand,
and the French minister next to her; and as Mr. Izard got on with his
communication, his voice kept rising, and his stutter bolting the words
out loudly at intervals, so that the minister might hear if he would. He
said he had a great mind at one time to have got up, in order to put a
stop to Mr. Izard.
March the 11th, 1792. Mr. Sterret tells me that sitting round a fire the
other day with four or five others, Mr. Smith (of South Carolina) was
one. Somebody mentioned that the murderers of Hogeboom, sheriff of
Columbia county, New York, were acquitted. 'Ay,' says Smith, 'this is
what comes of your damned trial by jury.'
1791. Towards the latter end of November, Hamilton had drawn Ternant
into a conversation on the subject of the treaty of commerce recommended
by the National Assembly of France to be negotiated with us, and, as
he h
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