The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-03-19

loss of time from long debates should be avoided
Besides occasions frequently occur, such the de-
clarallon OF war or the consummation OF peace tue
death of King or the downfall Of Minister, the
adv anages Of which cannot be seized by delibcra-
tive body. These objections the score Of publ
city, delay, want Of information and ncap2clty from
prompt and timely action, showed the obvious mPo-
Icy OF combining the exercise Of this sovereign power
to either branch of Congress. Although the King oil
England has the power Of making treaties, vel no
American commended that this power should
be conferred the President alone. Whether
therefore, regard the lessons Of experience or The
sound principles of republican government, the
treaty making power lodged and wisely lodged IN
the President conjunctively with the Senate Mr.
Clay maintains that the Interpretation OF the Con-
stitution by the purest Of the Republic and the
early practice of the Government required the Pre-
sident consult the Senate in the inception as well
as the conclusion of treaties that departure from
this Interpretation and this practice has taken place.
and the Executive Department has, by this means,
encroached upon the Legislative That the making
of treaties and the appointment OF Federal onhcers
stand on the same footing that the recommendation
of both first made by the President and are either
ratified or rejected by the Senate, principle OF
construction which cannot be denied That the
agency Of the Senate in the formation OF treaties was
intended to be confined to the ratification and not
extended to their creation, the Constitution as well
as all the writers that have expoonded It's provisions
concluslvey show 1t is true that, in the early his
tory of the Government some doubts were entertain
ed upon this subject which have long since been dis
PEELED. In the infancy of the Republic 1t was made
question whether the power OF the Senate did not
embrace the negotiation Of treaties well as their
| conclusion; whether it was limited to the exercise
of the power of advice and consent after the traa
was formed, or whether the President might adopt
the one course or the other, his judgment might
direct
The first instance that the point tested In prac-
tice was during the administration of General WASH
ington 1t was then decided that the President had
the option consult the Senate either before or after
the formation of treaty" As even the Father OF
his country considered this course as opftoa'y the
practice of the Government ever since that period
has been different. Each President being at liberty
adopt either course has been governed by expedl-
ency and the inconvenience and injury that resulted
from the old practice gave birth and continuance to
the new. General Washington formerly delivered
his annual messages to Congress In person. those do
cuments are now transmitted in writing Has the
Constitution been violated in this respect or has the
Executive in this particular, encrOached upon the
Legislature' The first President occasionally met
the Senate in person and consulted with that body on
Executive business at the present time the Senate
acts separately and with closed doors Has any
breach in the fundamental law been made by this
change in the practice Of the Government? Will
any man assert that the Senate will act more indie
pendenty in the presence than In the absence OF the
Chief Magistrate? Who will assert that Mr.. Mad-
son violated the Constitution when in June, 1873,
he refused to hold conference with commit
tee of the Senate upon nomination OF Min
ister to Sweden, which at that time before
them for ratifcalion Mr.. Jefferson and all Of w ash
ingtons Cabinet, with the exception Of Gen. Hamil
tom denied that Congress could make direct calls for
information upon the heads of the different Depart
ments Since that time the prac ice has been dife-
rent and yet who will contend that in this respect the
Legislature has encroached upon the Executive branch
of the Government The Senator from Kentucky
mistakes enlig htened construction for con-
tnued violation OF the Federal Constitution. In de-
nouncing the present practice of the Government
partial encroachment upon the rights of Congress he
,~s.a. aha inconyenience and injury which attended
the old, and which caused II to nba0c,>d sssor
as it was tried. Will the American people balieve
that Washington and Madison would have violated |
either the letter the spirit Of that instrument which
was moulded in great degree by their own hands, or
admit that any practice atransgresson OF the bounds
of the Constitution, which is not only based upon
fair construction of that charter itself, but which is
by common senae, and sanctioned by the
most ustrious sages that have adorned the Republic,
and by every President, from George Washington
down to John Tyler
To be continued.
"Marshall's life of Washington, Chap 2, p. 223.
Executive Journal 18th August, 1870, p COL Rule
on Constitution, D. So.