and the
President proclaimed it to be the law of the land, and sent a copy to
the House. Livingston, of New York, at once moved a resolution, asking
the President to send in all the papers relating to the negotiation,
and boldly placed the motion on the ground that the House was vested
with a discretionary power as to carrying the treaty into execution.
On this principle the debate went on for three weeks, and then the
resolution passed by 62 to 37. A great constitutional question was
thus raised, for there was no pretense that the papers were really
needed, inasmuch as committees had seen them all, and they contained
practically nothing which was not already known.

Washington took the request into consideration, and asked his cabinet
whether the House had the right, as set forth in the resolutions, to
call for the papers, and if not, whether it was expedient to furnish
them. Both questions were unanimously answered in the negative. The
inquiry was largely formal, and Washington had no real doubts on the
point involved. He wrote to Hamilton: "I had from the first moment,
and from the fullest conviction in my own mind, resolved _to resist
the principle_, which was evidently intended to be established by the
call of the House of Representatives; and only deliberated on the
manner in which this could be done with the least bad consequences."
His only question was as to the method of resistance, and he finally
decided to refuse absolutely, and did so in a message setting forth
his reasons. He said that the intention of the constitutional
convention was known to him, and that they had intended to vest the
treaty-making power exclusively in the Executive and Senate. On
that principle he had acted, and in that belief foreign nations had
negotiated, and the House had hitherto acquiesced. He declared further
that the assent of the House was not necessary to the validity of
treaties; that they had all necessary information; and "as it is
essential to the due administration of the government that the
boundaries fixed by the Constitution should be preserved, a just
regard to the Constitution and to the duty of my office, under all the
circumstances of this case, forbid a compliance with your request."
The question was a difficult one, but there could be no doubt as to
Washington's opinion, and the weight of authority has sustained his
view. From the practical and political side there can be little
question that his position was e