8544. TREATIES, Power to make.—[further continued].
The subsequent approbation
of the Senate being necessary to validate
a treaty, [the Senate] expect to be consulted
beforehand, if the case admits. So
the subsequent act of the Representatives being
necessary 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. For example, the
consular convention with France required a
very small legislative regulation. This convention
was unanimously ratified by the Senate.
Yet the same identical men threw by
the law to enforce it at the last session, and
the Representatives at this session have
placed it among the laws which they May
take up or not, at their own convenience, as if
that was a higher motive than the public
faith. I am, therefore, against hazarding
this transaction without the sanction of both
Houses. [483]
—
The Anas. Washington ed. ix, 106.
Ford ed., i, 184.
(March. 1792)
