The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-03-18

loss of time from long debates should be avo died.
Besides occasions frequently occur such the de-
claration OF war or the summation of peace, the
death of King or the downfall OF Minister, the
advantages of which cannot be seized by delibera-
tive body. These objections on the score OF publ
city, delay, want Of information and ncapacity from
prompt and timely action, showed the obvious lmPo-
Icy Of combining the exercise of this sovereign power
TO either branch of Congress Although the King OF
England has the power of making treaties, YET no
American statesman commended that this power should
be conferred on the President alone. Whe'her
therefore We regard the lessons Of experience or te
sound principles Of republican government, ,ne
treaty making power Is lodged and wisely iodgea "a
the President conjunctyely win lhe Sena,o CO
Clay maintains that the Interpretation % 'ie IN
stuon by the purest men oil lne p.;uad ,ha Pre-
early practice OF the Government required 'he ire
sdent 10 consult the Senate in the nceptoh as wen
as the conclusion of treaties that departure run
this INTERPRETATION and this pracuce mas taken Pace
and the Executive Department mas, py TINS means,
encroached upon the Legislative, mat the making
Of treaties and the appointment Of Federal officers
stand ON the same footing; that the Recommendation
of both are first made by the President and are elter
ratified or re elected by the Senate, Is 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 weii
as all the writers that have expounded MS provisions
concluslvely show 1t is true that in the early his
ed upon this subject which have long since been dis
PEELED In the infancy of the Republic it was made
question whether the power OF the Senate did not
embrace the negotiation OF treaties as well as their
conclusion; whether it was limited 10 the exercise
of the power of advice and consent after the traaty
was formed or whether the President might adopt
the one course the other, as his Judgment might
direct.
The first instance that the point tested in prac-
| tce, was during the administration OF General ash
| II. ~ cd hat he
the option to consult the Senate either before or alter
the formation of a treaty. AS even the Father OF
his country considered this course as optionGy the
practice of the Government ever since that period
has been different Each President being at liberty
to adopt either course has been governed by expedi
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 VAL
any assert that the Senate will act more indie
pendeny in the presence than in the absence OF the
Chief Magistrate Who will assert that Mr. Madi-
son violated the Constitution when in June, 1873,
he refused to hold conference with commit
tee of the Senate upon a nomination OF Min
lister to Sweden, which was at that time before
them for ratification Mr. Jefferson and all of Wash
ingt Ions Cabinet (with The exception of Gtn Hamll-
denied taat Congress could make direct calls for
Information upon the heads OF the different Depart
ments Since that time the prac ice has been dlfe-
rent, and yet, no will contend that IN this respect The
Legislature has encroached upon the Executive branch
of the Government The Senator from Kentucky
mistakes enlightened construction for a Goa.
tinu violation OF the Federal Constitution In do
nouncng the present practice OF the Government as
partial encroachmen upon the rights OF Congress- he
fogets the inconvenience and Injury which attended
the old and which caused 1t to tie abandoned soon
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,
admit that any practice attansgression of the bounds
OF the Constitution which is not only based upon
lair construction of that charter ITSELF but which Is
commended by common sense and sanctioned by the
most illusrous sages that have adorned the Republic,
andby every President, from George Washington
down TO John Tyler
To be continued
.Marshall's life of Washington, Chap. 2, p. 223.
Executive journal llth August, 1880, p COL. Rule
on Constitution, p. 63.
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