ndence and other documents relative to the
treaty.
Washington, believing that these papers could not be constitutionally
demanded, resolved, he said, from the first moment, and from the
fullest conviction of his mind, to _resist the principle_, which was
evidently intended to be established by the call of the House; he only
deliberated on the manner in which this could be done with the least
bad consequences. After mature deliberation and with the assistance of
the heads of departments and the Attorney-General, he prepared and
sent in to the House an answer to their request. In this he dwelt upon
the necessity of caution and secrecy in foreign negotiations, as 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 a right in the House of Representatives to demand and have
all the papers respecting a foreign negotiation would, he observed, be
to establish a dangerous precedent.
After various further remarks, he concludes: "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 itself in 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 observed, 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."
A resolution to make provision for carrying the treaty into effect,
gave rise to an animated and protracted debate. Meanwhile, the whole
country became agitated on the subject; meetings were held throughout
the United States, and it soon became apparent that the popular
feeling was with the minority in the House of Representatives, who
favored the making of the necessary appropriations. The public will
prevailed, and, on the last day of April, the resolution was passed,
though by a close vote of fifty-one to forty-eight.
For some months past, Mr. Thomas Pinckney had been solicitous to be
relieved from his post of minister-plenipotentiary at London, but the
doubtful issue of the above dispute, and the difficulty of finding a
f
|