ch might be supposed to interfere with the legislative
powers of the several States: 1st, that which related to the payment of
debts; 2d, the provision for no future confiscations; 3d, the
restitution of estates already confiscated. The first could not be
denied. "Those," he said, "might be branded with the epithet of
disorganizers, who threatened a dissolution of the Union in case the
measures they dictated were not obeyed; and he knew, although he did not
ascribe it to any member of the House, that men high in office and
reputation had industriously spread an alarm that the Union would be
dissolved if the present motion was carried." He took the ground that a
treaty is not valid, and does not bind the nation as such, till it has
received the sanction of the House of Representatives. Mr. Harper closed
the argument on the Federal side. On March 24 the resolution calling for
the papers was carried by a vote of yeas 62, nays 37, absent 5, the
speaker 1 (105). Livingston and Gallatin were appointed to present the
request to the President.

On March 30 the President returned answer to the effect that he
considered it a dangerous precedent to admit this right in the House;
that the assent of the House was not necessary to the validity of a
treaty; and he absolutely refused compliance with the request. The
letter of instructions to Jay would bear the closest examination, but
the cabinet scorned to take shelter behind it, and it was on their
recommendation that the President's refusal was explicit. This message,
in spite of the opposition of the Federalists, was referred, by a vote
of 55 yeas to 37 nays, to the committee of the whole. This reference
involved debate. In his opposition to this motion, Mr. Harper said that
the motives of the friends of the resolution had been avowed by the
"gentleman who led the business, from Pennsylvania;" whereby it appears
that Mr. Gallatin led the Republicans in the first debate. During this
his first session he shared this distinction with Mr. Madison. At the
next he became the acknowledged leader of the Republican party.

On April 3 the debate was resumed. This second debate was led by Mr.
Madison, who considered two points: 1st, the application for papers; 2d,
the constitutional rights of Congress. His argument was of course calm
and dispassionate after his usual manner. The contest ended on April 7,
with the adoption of two resolutions: 1st, that the power of making
treaties is exclusiv