ANSWER.

Did not Congress very lately unanimously resolve, in adopting the very

sensible letter of Mr. Jay, that a treaty when once made pursuant to

the sovereign authority, _ex vi termini_ became immediately the law of

the land? It seems to result unavoidably from the nature of the thing,

that when the constitutional right to make treaties is exercised, the

treaty so made should be binding upon those who delegated authority

for that purpose. If it was not, what foreign power would trust us?

And if this right was restricted by any such fine checks as Mr. Mason

has in his imagination, but has not thought proper to disclose, a

critical occasion might arise, when for want of a little rational

confidence in our own government we might be obliged to submit to a

master in an enemy. Mr. Mason wishes the House of Representatives to

have some share in this business, but he is immediately sensible of

the impropriety of it, and adds “where it can be done with safety.”

And how is it to be known whether it can be done with safety or not,

but during the pendency of a negotiation? Must not the President and

Senate judge whether it can be done with safety or not? If they are of

opinion it is unsafe, and the House of Representatives of course not

consulted, what becomes of this boasted check, since, if it amounts

to no more than that the President and Senate may consult the House

of Representatives if they please, they may do this as well without

such a provision as with it. Nothing would be more easy than to assign

plausible reasons, after the negotiation was over, to show that a

communication was unsafe, and therefore surely a precaution that could

be so easily eluded, if it was not impolitic to the greatest degree,

must be thought trifling indeed. It is also to be observed, that this

authority, so obnoxious in the new Constitution (which is unfortunate

in having little power to please some persons, either as containing

new things or old), is vested indefinitely and without restriction in

our present Congress, who are a body constituted in the same manner as

the Senate is to be, but there is this material difference in the two

cases, that we shall have an additional check, under the new system of

a President of high personal character chosen by the immediate body of

the people.

Pamphlets on the Constitution of the United States Published During Its Discussion by the People 1787-1788 · 第 97 / 257 题