Life and Times of Washington, Volume 2 / Revised, Enlarged, and Enriched

by John Frederick Schroeder; Benson John Lossing

The address of Mr. Adet, the answer of the President, and the colors of France, were transmitted to Congress with the letter from the committee of safety.

In the House of Representatives a resolution was moved, requesting the President to make known to the representatives of the French republic the sincere and lively sensations which were excited by this honorable testimony of the existing sympathy and affections of the two republics; that the House rejoiced in an opportunity of congratulating the French republic on the brilliant and glorious achievements accomplished during the present afflictive war, and hoped that those achievements would be attended with a perfect attainment of their object—the permanent establishment of the liberty and happiness of that great and magnanimous people.

In February (1796) the treaty with Great Britain was returned, in the form advised by the Senate, ratified by his Britannic majesty. The constitution declaring a treaty, when made, the supreme law of the land, the President announced it officially to the people in a proclamation, requiring from all persons its observance and execution, a copy of which was transmitted to each House on the 1st of March.

The opposition having openly denied the right of the President to negotiate a treaty of commerce was not a little dissatisfied at his venturing to issue this proclamation before the sense of the House of Representatives had been declared on the obligation of the instrument.

This dissatisfaction was not concealed. On the 2d of March Mr. Livingston laid upon the table a resolution requesting the President "to lay before the House a copy of the instructions to the minister of the United States, who negotiated the treaty with the King of Great Britain, communicated by his message of the 1st of March, together with the correspondence and other documents relative to the said treaty."

On the 7th of March he amended this resolution by adding the words, "excepting such of the said papers as any existing negotiation may render improper to be disclosed."

The friends of the administration maintained that a treaty was a contract between two nations, which, under the constitution, the President, by and with the advice and consent of the Senate, had a right to make, and that it was made when, by and with such advice and consent, it had received his final act. Its obligations then became complete on the United States, and to refuse to comply with its stipulations was to break the treaty and to violate the faith of the nation.

The opposition contended that the power to make treaties, if applicable to every object, conflicted with powers which were vested exclusively in Congress; that either the treaty-making power must be limited in its operation, so as not to touch objects committed by the constitution to Congress, or the assent and cooperation of the House of Representatives must be required to give validity to any compact, so far as it might comprehend those objects. A treaty, therefore, which required an appropriation of money, or any act of Congress to carry it into effect, had not acquired its obligatory force until the House of Representatives had exercised its powers in the case. They were at full liberty to make, or to withhold, such appropriation or other law, without incurring the imputation of violating any existing obligation or of breaking the faith of the nation.

The debate on this question was animated, vehement, and argumentative, all the party passions were enlisted in it, and it was protracted until the 24th of March (1796), when the resolution was carried in the affirmative by sixty-two to thirty-seven votes. The next day, the committee appointed to present it to the chief magistrate reported his answer which was, "that he would take the resolution into consideration."

The situation in which this vote placed the President was peculiarly delicate. In an elective government, the difficulty of resisting the popular branch of the Legislature is at all times great, but is particularly so when the passions of the public have been strongly and generally excited. The popularity of a demand for information, the large majority by which that demand was supported, the additional force which a refusal to comply with it would give to suspicions already insinuated, that circumstances had occurred in the negotiation which the administration dared not expose, and that the President was separating himself from the representatives of the people, furnished motives of no ordinary force for complying with the request of the House of Representatives.