4079. JAY TREATY, House of representatives and.—
[John] Marshall's doctrine
that the whole commercial part of the[Jay]
treaty (and he might have added the whole
unconstitutional part of it), rests in the power
of the House of Representatives, is certainly
the true doctrine; and as the articles which
stipulate what requires the consent of the
three branches of the Legislature, must be referred
to the House of Representatives for
their concurrence, so they, being free agents,
may approve or reject them, either by a vote
declaring that, or by refusing to pass acts.
I should think the former mode the most safe
and honorable.—
To James Madison.
Ford ed., vii, 38.
(Nov. 1795)
