If the House of Representatives, called upon to act in aid of a treaty made by the President and Senate, believe it to be unwarranted by the Constitution which they are sworn to support, it will not be denied that they may pause in the execution until a decision on the point of constitutionality in the Supreme Court of the United States shall have settled the question. But this is the only discretion of that House, as to the obligation to carry a treaty made by the President and Senate into effect, in the existence of which I can acquiesce as being within the intent of the Constitution. Hence there was no question, in my opinion, of the competency of the House of Representatives, which I could presuppose likely to arise, to which any of the papers now requested could be deemed applicable; nor does it yet appear that any such question has arisen, upon which the request has been predicated. Were even the course of reasoning which I have pursued less well founded than it appears to me to be, the call for papers as a preliminary proceeding of the House would still seem to be premature. A question on the constitutionality of a treaty can manifestly only be decided by comparing the instrument itself with the Constitution. A question whether a treaty be consistent with, or adverse to the interests of the United States, must likewise be decided by comparing the stipulations which it actually contains with the situation of the United Sates in their internal and external relations. Nothing extrinsic to the treaty, or in the manner of its negotiation, can make it constitutional or unconstitutional, good or bad, salutary or pernicious. The internal evidence it affords is the only proper standard of its merits. Whatever therefore be the nature of the duty, or discretion of the House, as to the execution of the treaty, it will find its rule of action in the treaty. the Even with reference to and animadversion on the conduct of agents who made the treaty, the presumption of a criminal mismanagement of the interests of the United States ought first, it is conceived, to be deduced from the intrinsic nature of the treaty, and ought to be pronounced to exist prior to a further inquiry to ascertain the guilt and the guilty. Whenever the House of Representatives, proceeding upon any treaty, shall have taken the ground that such a presumption exists, in order to such an inquiry, their request to the Executive to be caused to be laid before them papers which may contain information on the subject, will rest on a foundation that cannot fail to secure to it due efficacy. But, under all the circumstances of the present request (cir cumstances which I forbear to particularize), and in its present indefinite form, I adopt with reluctance and regret, but with entire conviction, the opinion, that a just regard to the Constitution and to the duty of my office forbids on my part a compliance with that request. FAREWELL ADDRESS. ABSTRACT OF POINTS TO FORM AN ADDRESS.* 1796. I. The period of a new election approaching, it is his duty to announce his intention to decline. II. He had hoped that long ere this it would have been in his power, and particularly had nearly come to a final resolution in the year 1792 to do it, but the peculiar situation of affairs, and advice of confidential friends, dissuaded. III. In acquiescing in a further election he still hoped a year or two longer would have enabled him to withdraw, but a continuance of causes has delayed till now, when the position of our * This endorsement, together with the whole of this paper, is copied from a draft in Hamilton's hand.-ED. country, abroad and at home, justify him in pursuing his incli nation. IV. In doing it he has not been unmindful of his relation as a dutiful citizen to his country, nor is now influenced by the smallest diminution of zeal for its interest or gratitude for its past kindness, but by a belief that the step is compatible with both. V. The impressions under which he first accepted were explained on the proper occasion. VI. In the execution of it he has contributed the best exertions of a very fallible judgment-anticipated his insufficiency— experienced his disqualifications for the difficult trust, and every day a stronger sentiment from that cause to yield the place-advance into the decline of life-every day more sensible of weight of years, of the necessity of repose, of the duty to seek retirement, &c. Add, VII. It will be among the purest enjoyments which can sweeten the remnant of his days, to partake in a private station, in the midst of his fellow-citizens, the laws of a free government, the ultimate object of his cares and wishes. VIII. As to rotation. IX. In contemplating the moment of retreat, cannot forbear to express his deep acknowledgments and debt of gratitude for the many honors conferred on him-the steady confidence which, even amidst discouraging scenes and efforts to poison its source, has adhered to support him, and enabled him to be usefulmarking, if well placed, the virtue and wisdom of his countrymen. All the return he can now make must be in the vows he will carry with him to his retirement: 1st, for a continuance of the Divine beneficence to his country; 2d, for the perpetuity of their union and brotherly affection-for a good administration insured by a happy union of watchfulness and confidence; 3d, that happiness of people under auspices of liberty may be complete; 4th, that by a prudent use of the blessing they may recommend to the affection, the praise, and the adoption, of every nation yet a stranger to it. X. Perhaps here he ought to end. But an unconquerable solicitude for the happiness of his country will not permit him to leave the scene without availing himself of whatever confidence may remain in him, to strengthen some sentiments which he believes to be essential to their happiness, and to recommend some rules of conduct, the importance of which his own experience has more than ever impressed upon him. XI. To consider the Union as the rock of their salvation, presenting summarily these ideas: Safety, peace and liberty and commerce. 1. The strength and greater security from external danger. 2. Internal peace, and avoiding the necessity of establishments dangerous to liberty. 3. Avoids the effects of foreign intrigue. 4. Breaks the force of faction by rendering combinations more difficult. Fitness of the parts for each other by their very discrimi nations: 1. The North, by its capacity for maritime strength and manufacture. 2. The agricultural South furnishing materials and requiring those protections. The Atlantic board to the western country by the strong interest of peace, and The Western, by the necessity of Atlantic maritime protection. Cannot be secure of their great outlet otherwise-cannot trust a foreign connection. Solid interests invite to Union. Speculation of difficulty of Government ought not to be indulged, nor momentary jealousies -lead to impatience. Faction and individual ambition are the only advisers of disunion. Let confidence be cherished. Let the recent experience of the West be a lesson against impatience and distrust. XII. Cherish the actual Government. It is the Government of our own choice, free in its principles, the guardian of our common rights, the patron of our common interests, and containing within itself a provision for its own amendment. But let that provision be cautiously used—not abused; chang ing only in any material points as experience shall direct; nei ther indulging speculations of too much or too little force in the system; and remembering always the extent of our country. Time and habit of great consequence to every government of whatever structure. Discourage the spirit of faction, the bane of free government; and particularly avoid founding it on geographical discriminations. Discountenance slander of public men. Let the Departments of Government avoid interfering and mutual encroach ment. XIII. Morals, religion, industry, commerce, economy. XIV. Cherish good faith, justice, and peace, with other na tions: 1. Because religion and morality dictate it. 2. Because policy dictates it. If these could exist, a nation invariably honest and faithful, the benefits would be immense. But avoid national antipathies or national attachments. Display the evils; fertile source of wars-instrument of ambitious rulers. XV. Republics peculiarly exposed to foreign intrigue, those sentiments lay them open to it. XVI. The great rule of our foreign politics ought to be to have as little political connection as possible with foreign nations. Cultivating commerce with all by gentle Establishing temporary and and natural means, diffusing and diversifying it, but forcing nothing—and cherish the sentiment of independence, taking pride in the appellation of American. convenient rules that commerce may be placed on a sta ble footing; merchants know their commerce; how to support them, not seeking favors. XVII. Our separation from Europe renders standing alliances inexpedient-subjecting our peace and interest to the primary and complicated relations of European interests. Keeping constantly in view to place ourselves upon a respectable defensive, and if forced into controversy, trusting to connections of the occasion. safe. XVIII. Our attitude imposing and rendering this policy |