hirds of the whole number of the members of the
senate, instead of two thirds of the senators present; and because,
in treaties respecting territorial and certain other rights and
claims, the concurrence of three fourths of the whole number of
both houses respectively was not made necessary.

"It is a fact decided by the general convention, and universally
understood, that the constitution of the United States was the
result of a spirit of amity and mutual concession.

"And it is well known that, under this influence, the smaller
states were admitted to an equal representation in the senate with
the larger states, and that this branch of the government was
invested with great powers; for on the equal participation of those
powers the sovereignty and political safety of the smaller states
were deemed essentially to depend.

"If other proofs than these, and the plain letter of the
constitution itself, be necessary to ascertain the point under
consideration, they may be found in the journals of the general
convention, which I have deposited in the office of the department
of state. In those journals it will appear that a proposition was
made, 'that no treaty should be binding on the United States which
was not ratified by a law,' and that the proposition was explicitly
rejected.

"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, in
itself, 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 preserved, a just regard to the constitution
and to the duty of my office, under all the circumstances of this
case, forbids a compliance with your request. GEORGE WASHINGTON."

[94] Earnest petitions from these had been sent in to Congress,
representing that the property of merchants of the United States, to the
amount of five millions of dollars, had been taken from them by the
subjects of Great Britain, for which they wanted restitution, and, for
that purpose, prayed for measures to execute the provisions of the
treaty.

[95] H