6647. PETITIONS, The Executive and.—
In my report on How's case, where I state
that it should go to the President, it will
become a question with the House [of Representatives]
whether they shall refer it to
the President themselves, or give it back to
the petitioner, and let him so address it, as
he ought to have done at first. I think the
latter proper, 1. because it is a case belonging
purely to the Executive; 2, because the
Legislature should never show itself in a
matter with a foreign nation, but where the
case is very serious and they mean to commit
the nation on its issue; 3, because if they
indulge individuals in handing through the
Legislature their applications to the Executive,
all applicants will be glad to avail themselves
of the weight of so powerful a solicitor.
Similar attempts have been repeatedly
made by individuals to get the President to
hand in their petitions to the Legislature,
which he has constantly refused. It seems
proper that every person should address himself
directly to the department to which the
Constitution has allotted his case; and that
the proper answer to such from any other
department is, “that it is not to us that the
Constitution has assigned the transaction of
this business”.—
To James Madison. Washington ed. iii, 296.
Ford ed., v, 391.
(Pa.,
1791)
