228 WRIGHT— POSITION OF FOREIGN RELATIONS 



However, the political branches of the government include both the 

 legislative and executive branches, consequently judicial opinions 

 give us little assistance in our e'ffort to determine whether these 

 powers are essentially legislative or essentially executive. 



76. Theory of Essentially Executive Nature. Early Opimon. 



Supporters of the essentially executive character of foreign rela- 

 tions powers notice that writers with whom the members of the 

 federal convention were familiar such as Locke, Montesquieu, De 

 Lolme and Blackstone appeared to classify the control of foreign 

 relations as executive. In European countries, especially in Great 

 Britain, the Chief Executive conducted foreign relations. Further- 

 more, they say, the debates in the federal convention tended in this 

 direction. The treaty-making power, vested in Congress under the 

 Confederation, was first given to the Senate by the Convention, but 

 finally the President was added and in the ultimate draft the subject 

 is concluded in the section dealing with Executive power, indicating 

 that the Convention had become convinced of its executive char- 

 acter. Washington's recognition of the new French republic by 

 reception of Citizen Genet upon his own responsibility set a prec- 

 edent which has since been followed. His proclamation of neu- 

 trality, when many thought the French alliance treaty required war, 

 was loudly denounced by the Jeffersonian Republicans, but the 

 precedent has been invariably followed since when occasion has 

 arisen for proclaiming neutrality. This first neutrality proclama- 

 tion occasioned a lively pamphlet debate between Hamilton and 

 Madison under the names of " Pacificus " and " Helvidius," and 

 Hamilton, who supported the executive character of the procla- 

 mation, won, if future practice is to be the judge. ^^ 



" It deserves to be remarked," he wrote, " that as the participation of the 

 Senate in the making of treaties, and the power of the legislature to declare 

 war, are exceptions out of the general ' executive power ' vested in the Presi- 

 dent, they are to be construed strictly, and ought to be extended no further 

 than is essential to their execution. While, therefore, the legislature can alone 

 declare war, can alone actually transfer the nation from a state of peace to 

 a state of hostility, it belongs to the ' executive power ' to do whatever else 

 the law of nations, cooperating with the treaties, of the country enjoins in the 

 intercourse of the United States with foreign powers." 



15 Hamilton, Works (Federal ed.. Lodge), 4: 443. 



