not prepared for
such boldness and firmness on the part of the executive, and it
"appeared to break," says Marshall, "the last cord of that attachment
which had theretofore bound some of the active leaders of the opposition
to the person of the president." Amid all the excitements of party
contests, there was real affection and respect for Washington on the
part of those who were politically opposed to him; but this act, so much
like defiance of the popular will as expressed by the house of
representatives, in the eyes of the unreflecting, seemed, for the
moment, to extinguish every lingering spark of affection in the bosom of
his old friends, now his political enemies.
After a week's delay, the president's message was taken up in committee
of the whole, with two resolutions offered by Blount, of North Carolina,
declaratory of the sense of the house respecting its own power on the
subject of treaties. These embodied doctrines contrary to those
expressed in the message. The first, after disclaiming any pretensions
on the part of the house to "any agency in making treaties," asserted,
that "when a treaty stipulated regulations on any of the subjects
submitted by the constitution to the power of Congress, it must depend
for its execution, as to such stipulations, on a law to be passed by
Congress," and that the house had a right to deliberate on the
expediency or inexpediency of such law, and pass or reject it as they
might determine. The second resolution asserted, that in applications to
the president for information, the house was not bound to specify for
what purpose such information was wanted.
These resolutions took a rather less untenable position than had been
maintained in argument, and were quite inexplicit on an essential part
of the question. After a brief debate, in which Madison was chief
speaker in favor of the resolutions, they were adopted by a vote of
fifty-seven to thirty-five.
While this exciting subject was before Congress, the treaties with the
Indians, with the dey of Algiers, and with Spain respecting the
navigation of the Mississippi, had been ratified by the president and
senate, and communicated to the house of representatives. It was moved
to refer them to the committee of the whole house; but, for several days
in succession, the motion was voted down. It was finally carried; and on
the thirteenth of April, the moment the committee of the whole was
organized by the chairman taking his seat
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