8543. TREATIES, Power to make.—[continued].
Consulted verbally by the
President [Washington] on whom a committee
of the Senate are to wait * * * to
know whether he will think it proper to redeem
our Algerine captives, and make a
treaty with the Algerines, on the single vote
of the Senate, without taking that of the Representatives.
* * * The subsequent approbation
of the Senate being necessary to
validate a treaty, they expect to be consulted
beforehand, if the case admits. So the subsequent
act of the Representatives being nec
essay where money is given, why should not
they expect to be consulted in like manner,
when the case admits? A treaty is a law of
the land. But prudence will point out this
difference to be attended to in making them;
viz., where a treaty contains such articles only
as will go into execution of themselves, or
be carried into execution by the judges, they
may be safely made; but where there are
articles which require a law to be passed
afterwards by the legislature, great caution is
requisite. Therefore [I am] against hazarding
this transaction without the sanction of
both houses. The President concurred.—
The Anas. Washington ed. ix, 106.
Ford ed., i, 183.
(March. 1792)
