402 BURR— THE TREATY-MAKING POWER [April 20, 



president with the advice and consent of the senate, they become obhgatory. 

 In this construction of the constitution, every house of representatives has 

 heretofore acquiesced ; and until the present time, not a doubt or suspicion 

 has appeared to my knowledge, that this construction was not the true one. 

 Nay, they have more than acquiesced ; for until now, without controverting 

 the obligation of such treaties, they have made all the requisite provisions for 

 carrying them into effect. 



" There is also reason to believe that this construction agrees with the 

 opinions entertained by the state conventions when they were deliberating on 

 the constitution; especially by those who objected to it, because there was 

 not required in commercial treaties, the consent of two thirds of the whole 

 number of the members of the senate, instead of two thirds of the senators 

 present; and because in treaties respecting territorial and certain other rights 

 and claims, the concurrence of three fourths of the whole number of the 

 members of both houses respectively, was not made necessary. 



"It is a fact declared by the general convention and universally under- 

 stood, that the constitution of the United States was the result of a spirit of 

 amity and mutual concession. And it is well known, that under this influ- 

 ence, the smaller states were admitted to an equal representation in the senate 

 with the larger states; and that this branch of the government was invested 

 with great powers; for on the equal participation of those powers, the 

 sovereignty and political safety of the smaller states were deemed essentially 

 to depend. 



"If other proofs than these and the plain letter of the constitution itself 

 be necessary to ascertain the point under consideration, they may be found 

 in the journals of the general convention which I have deposited in the office 

 of the department of state. In these journals it will appear, that a proposition 

 was made ' that no treaty should be binding on the United States which was 

 not ratified by a law,' and that the proposition was explicitly rejected. 



" As therefore it is perfectly clear to my understanding that the assent 

 of the house of representatives is not necessary to the validity of a treaty; as 

 the treaty with Great Britain exhibits in itself all the objects requiring legis- 

 lative provision ; and on these the papers called for can throw no light ; and 

 as it is essential to the due administration of the government that the 

 boundaries fixed by the constitution between the different departments 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." Richardson's " Messages of the Presidents," Vol. I., pp. 194-6- 



Note 3. — " Resolved that it being declared by the Second Section of the 

 Second Article of the Constitution that the President shall have power, by 

 and with the advice and consent of the Senate, to make treaties, the House 

 do not claim any agency in making treaties, but that when a treaty stipulates 

 regulations on any of the subjects submitted by the Constitution to the 

 power of Congress, it must be dependent for its execution, as to such 

 stipulations, on a law or laws to be passed by Congress. And it is the Con- 

 stitutional right and duty of the House in all such cases to deliberate on the 



