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Python Recipes
Handbook
A Problem-Solution Approach
—
Joey Bernard
 Python Recipes
Handbook
A Problem-Solution Approach

Joey Bernard
Python Recipes Handbook: A Problem-Solution Approach
Joey Bernard
Fredericton, New Brunswick, Canada
ISBN-13 (pbk): 978-1-4842-0242-5 ISBN-13 (electronic): 978-1-4842-0241-8
DOI 10.1007/978-1-4842-0241-8
Library of Congress Control Number: 2016958438
Copyright © 2016 by Joey Bernard
This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part
of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations,
recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission
or information storage and retrieval, electronic adaptation, computer software, or by similar or
dissimilar methodology now known or hereafter developed.
Trademarked names, logos, and images may appear in this book. Rather than use a trademark symbol
with every occurrence of a trademarked name, logo, or image we use the names, logos, and images only
in an editorial fashion and to the benefit of the trademark owner, with no intention of infringement of
the trademark.
The use in this publication of trade names, trademarks, service marks, and similar terms, even if they are
not identified as such, is not to be taken as an expression of opinion as to whether or not they are subject
to proprietary rights.
While the advice and information in this book are believed to be true and accurate at the date of
publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for
any errors or omissions that may be made. The publisher makes no warranty, express or implied, with
respect to the material contained herein.

Managing Director: Welmoed Spahr

Lead Editor: Steve Anglin
Technical Reviewer: Michael Thomas
Editorial Board: Steve Anglin, Pramila Balan, Laura Berendson, Aaron Black, Louise Corrigan,
Jonathan Gennick, Robert Hutchinson, Celestin Suresh John, Nikhil Karkal,
James Markham, Susan McDermott, Matthew Moodie, Natalie Pao, Gwenan Spearing
Coordinating Editor: Mark Powers
Copy Editor: Mary Behr
Compositor: SPi Global
Indexer: SPi Global
Artist: SPi Global
Distributed to the book trade worldwide by Springer Science+Business Media New York, 233 Spring
Street, 6th Floor, New York, NY 10013. Phone 1-800-SPRINGER, fax (201) 348-4505, e-mail
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Any source code or other supplementary materials referenced by the author in this text are available
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go to www.apress.com/source-code/. Readers can also access source code at SpringerLink in the
Supplementary Material section for each chapter.
Printed on acid-free paper
This book is dedicated to my loving wife, patient enough to put up with
my late nights of writing. It is also dedicated to my two boys, who were
always willing to come tell Dad that he had to take a break from
writing and spend time goofing off with them.
Contents at a Glance

About the Author ............................................................................xxv

About the Technical Reviewer ......................................................xxvii
Acknowledgements .......................................................................xxix
Introduction ...................................................................................xxxi

■Chapter 1: Strings and Texts .......................................................... 1

■Chapter 2: Numbers, Dates, and Times......................................... 11
■Chapter 3: Iterators and Generators ............................................. 21
■Chapter 4: Files and I/O ................................................................ 27
■Chapter 5: Python Data Analysis with pandas ............................. 37
■Chapter 6: Functions .................................................................... 49
■Chapter 7: Classes and Objects .................................................... 55
■Chapter 8: Metaprogramming ...................................................... 63
■Chapter 9: Networking and the Internet ....................................... 69
■Chapter 10: Modules and Packages ............................................. 77
■Chapter 11: Numerics and Numpy ................................................ 81
■Chapter 12: Concurrency .............................................................. 91
■Chapter 13: Utilities ...................................................................... 99
■Chapter 14: Testing and Debugging............................................ 103

v
■ CONTENTS AT A GLANCE

■Chapter 15: C and Other Extensions ........................................... 111

■Chapter 16: Arduino and RPi Recipes ......................................... 117

Index .............................................................................................. 121

vi
Contents

About the Author ............................................................................xxv

About the Technical Reviewer ......................................................xxvii
Acknowledgements .......................................................................xxix
Introduction ...................................................................................xxxi

■Chapter 1: Strings and Texts .......................................................... 1

1-1. Concatenating Strings .................................................................................... 1
Problem .................................................................................................................... 1
Solution..................................................................................................................... 1
How It Works............................................................................................................. 1

1-2. Comparing Strings ........................................................................................... 2

Problem .................................................................................................................... 2
Solution..................................................................................................................... 2
How It Works............................................................................................................. 2

1-3. Searching for a Substring ................................................................ 3

Problem .................................................................................................................... 3
Solution..................................................................................................................... 3
How It Works............................................................................................................. 3

1-4. Getting a Substring .......................................................................... 4

Problem .................................................................................................................... 4
Solution..................................................................................................................... 4
How It Works............................................................................................................. 4

vii
■ CONTENTS

1-5. Replacing Text Matches ................................................................... 4

Problem .................................................................................................................... 4
Solution..................................................................................................................... 5
How It Works............................................................................................................. 5

1-6. Reversing a String ........................................................................... 5

Problem .................................................................................................................... 5
Solution..................................................................................................................... 5
How It Works............................................................................................................. 5

1-7. Trimming White Space ..................................................................... 6

Problem .................................................................................................................... 6
Solution..................................................................................................................... 6
How It Works............................................................................................................. 6

1-8. Changing Case ................................................................................. 6

Problem .................................................................................................................... 6
Solution..................................................................................................................... 7
How It Works............................................................................................................. 7

1-9. Converting to Numbers .................................................................... 7

Problem .................................................................................................................... 7
Solution..................................................................................................................... 7
How It Works............................................................................................................. 7

1-10. Iterating Over the Characters of a String ....................................... 8

Problem .................................................................................................................... 8
Solution..................................................................................................................... 8
How It Works............................................................................................................. 8

1-11. Statistics on Texts .......................................................................... 8

Problem .................................................................................................................... 8
Solution..................................................................................................................... 9
How It Works............................................................................................................. 9

viii
 ■ CONTENTS

1-12. Encoding Unicode .......................................................................... 9

Problem .................................................................................................................... 9
Solution..................................................................................................................... 9
How It Works............................................................................................................. 9

1-13. Translation ................................................................................... 10

Problem .................................................................................................................. 10
Solution................................................................................................................... 10
How It Works........................................................................................................... 10

■Chapter 2: Numbers, Dates, and Times......................................... 11

2-1. Creating Integers ........................................................................... 11
Problem .................................................................................................................. 11
Solution................................................................................................................... 11
How It Works........................................................................................................... 11

2-2. Creating Floating Points ................................................................. 12

Problem .................................................................................................................. 12
Solution................................................................................................................... 12
How It Works........................................................................................................... 12

2-3. Rounding Floats to Integers ........................................................... 12

Problem .................................................................................................................. 12
Solution................................................................................................................... 12
How It Works........................................................................................................... 13

2-4. Formatting Numbers ...................................................................... 13

Problem .................................................................................................................. 13
Solution................................................................................................................... 13
How It Works........................................................................................................... 14
2-5. Working with Arbitrary Precision Numbers .................................... 15
Problem .................................................................................................................. 15
Solution................................................................................................................... 15
How It Works........................................................................................................... 15

ix
■ CONTENTS

2-6. Generating Random Numbers ........................................................ 16

Problem .................................................................................................................. 16
Solution................................................................................................................... 16
How It Works........................................................................................................... 16

2-7. Getting the Current Date and Time ................................................ 17

Problem .................................................................................................................. 17
Solution................................................................................................................... 17
How It Works........................................................................................................... 17

2-8. Calculating Date/Time Differences ................................................ 17

Problem .................................................................................................................. 17
Solution................................................................................................................... 18
How It Works........................................................................................................... 18

2-9. Formatting Dates and Times .......................................................... 18

Problem .................................................................................................................. 18
Solution................................................................................................................... 18
How It Works........................................................................................................... 19

2-10. Reading Dates and Times from a String ...................................... 20

Problem .................................................................................................................. 20
Solution................................................................................................................... 20
How It Works........................................................................................................... 20

■Chapter 3: Iterators and Generators ............................................. 21

3-1. Iterating Over the Contents of a List .............................................. 21
Problem .................................................................................................................. 21
Solution................................................................................................................... 21
How It Works........................................................................................................... 21
3-2. Extracting the Contents of an Iterator ............................................ 22
Problem .................................................................................................................. 22
Solution................................................................................................................... 22
How It Works........................................................................................................... 22

x
 ■ CONTENTS

3-3. Filtering an Iterator ........................................................................ 23

Problem .................................................................................................................. 23
Solution................................................................................................................... 23
How It Works........................................................................................................... 23

3-4. Iterating Over the Contents of a File .............................................. 24

Problem .................................................................................................................. 24
Solution................................................................................................................... 24
How It Works........................................................................................................... 24

3-5. Iterating Over Data That Has no Iterator ........................................ 25

Problem .................................................................................................................. 25
Solution................................................................................................................... 25
How It Works........................................................................................................... 25

3-6. Creating Standard Classes of Iterators .......................................... 26

Problem .................................................................................................................. 26
Solution................................................................................................................... 26
How It Works........................................................................................................... 26

■Chapter 4: Files and I/O ................................................................ 27

4-1. Copying Files.................................................................................. 27
Problem .................................................................................................................. 27
Solution................................................................................................................... 27
How It Works........................................................................................................... 27

4-2. Moving Files ................................................................................... 28

Problem .................................................................................................................. 28
Solution................................................................................................................... 28
How It Works........................................................................................................... 28
4-3. Reading and Writing Text Files ....................................................... 29
Problem .................................................................................................................. 29
Solution................................................................................................................... 29
How It Works........................................................................................................... 29

xi
■ CONTENTS

4-4. Reading and Writing XML Files ...................................................... 30

Problem .................................................................................................................. 30
Solution................................................................................................................... 30
How It Works........................................................................................................... 30

4-5. Creating a Directory ....................................................................... 31

Problem .................................................................................................................. 31
Solution................................................................................................................... 31
How It Works........................................................................................................... 32

4-6. Monitoring a Directory for Changes ............................................... 32

Problem .................................................................................................................. 32
Solution................................................................................................................... 32
How It Works........................................................................................................... 32

4-7. Iterating Over the Files in a Directory ............................................ 33

Problem .................................................................................................................. 33
Solution................................................................................................................... 33
How It Works........................................................................................................... 33

4-8. Saving Data Objects ....................................................................... 33

Problem .................................................................................................................. 33
Solution................................................................................................................... 33
How It Works........................................................................................................... 34

4-9. Compressing Files ......................................................................... 34

Problem .................................................................................................................. 34
Solution................................................................................................................... 34
How It Works........................................................................................................... 34

■Chapter 5: Python Data Analysis with pandas ............................. 37

5-1. Working with 1D Data .................................................................... 37
Problem .................................................................................................................. 37
Solution................................................................................................................... 37
How It Works........................................................................................................... 37

xii
 ■ CONTENTS

5-2. Working with 2D Data .................................................................... 38

Problem .................................................................................................................. 38
Solution................................................................................................................... 38
How It Works........................................................................................................... 39

5-3. Working with 3D Data .................................................................... 39

Problem .................................................................................................................. 39
Solution................................................................................................................... 40
How It Works........................................................................................................... 40

5-4. Importing Data from CSV Files ....................................................... 40

Problem .................................................................................................................. 40
Solution................................................................................................................... 40
How It Works........................................................................................................... 40

5-5. Saving to a CSV File ....................................................................... 41

Problem .................................................................................................................. 41
Solution................................................................................................................... 41
How It Works........................................................................................................... 41

5-6. Importing from Spreadsheets ........................................................ 41

Problem .................................................................................................................. 41
Solution................................................................................................................... 42
How It Works........................................................................................................... 42

5-7. Saving to a Spreadsheet ................................................................ 42

Problem .................................................................................................................. 42
Solution................................................................................................................... 42
How It Works........................................................................................................... 42

5-8. Getting the Head and Tail ............................................................... 43

Problem .................................................................................................................. 43
Solution................................................................................................................... 43
How It Works........................................................................................................... 43

xiii
■ CONTENTS

5-9. Summarizing Data ......................................................................... 43

Problem .................................................................................................................. 43
Solution................................................................................................................... 43
How It Works........................................................................................................... 43

5-10. Sorting Data ................................................................................. 44

Problem .................................................................................................................. 44
Solution................................................................................................................... 44
How It Works........................................................................................................... 44

5-11. Applying Functions Row- or Column-Wise................................... 45

Problem .................................................................................................................. 45
Solution................................................................................................................... 45
How It Works........................................................................................................... 46

5-12. Applying Functions Element-Wise ............................................... 46

Problem .................................................................................................................. 46
Solution................................................................................................................... 46
How It Works........................................................................................................... 47

5-13. Iterating Over Data ....................................................................... 47

Problem .................................................................................................................. 47
Solution................................................................................................................... 47
How It Works........................................................................................................... 47

■Chapter 6: Functions .................................................................... 49

6-1. Creating Basic Functions ............................................................... 49
Problem .................................................................................................................. 49
Solution................................................................................................................... 49
How It Works........................................................................................................... 49
6-2. Using Named Parameters Rather Than Positional Parameters ...... 50
Problem .................................................................................................................. 50
Solution................................................................................................................... 50
How It Works........................................................................................................... 50

xiv
 ■ CONTENTS

6-3. Using Default Values in Functions.................................................. 51

Problem .................................................................................................................. 51
Solution................................................................................................................... 51
How It Works........................................................................................................... 51

6-4. Implementing a Recursive Algorithm ............................................. 52

Problem .................................................................................................................. 52
Solution................................................................................................................... 52
How It Works........................................................................................................... 52

6-5. Using Lambda Functions to Create Temporary

Anonymous Functions ........................................................................... 53
Problem .................................................................................................................. 53
Solution................................................................................................................... 53
How It Works........................................................................................................... 53

6-6. Generating Specialized Functions.................................................. 54

Problem .................................................................................................................. 54
Solution................................................................................................................... 54
How It Works........................................................................................................... 54

■Chapter 7: Classes and Objects .................................................... 55

7-1. Discovering the Type of an Object
(Everything Is an Object) ....................................................................... 55
Problem .................................................................................................................. 55
Solution................................................................................................................... 55
How It Works........................................................................................................... 55

7-2. Creating Classes ............................................................................ 56

Problem .................................................................................................................. 56
Solution................................................................................................................... 56
How It Works........................................................................................................... 56

xv
Exploring the Variety of Random
Documents with Different Content
The gentleman had explained himself by saying, there was a second
Convention called in that State, of which he was a member, and
there the doctrine alluded to had been advanced. The debates of
this Convention Mr. B. had not seen.
Mr. Brent said he should not in the present debate touch on the
merits of the Treaty, which he conceived foreign to this question. On
a motion to ask for papers with respect to the Treaty, he did not
conceive with what propriety the fitness of the instrument could be
brought into view.
The turn which the debate had taken had given rise, he said, to an
important constitutional question; he did not believe its decision of
consequence to the decision on the present motion; but as the
debate had taken that turn, he should pursue the same road in
answer to the arguments of gentlemen. He laid this down as a
sound inference from the provisions of the constitution on the
subject of the Treaty power: that the President and Senate possess
the right of forming Treaties, and of carrying on the necessary
negotiations with foreign countries; but when these contain
stipulations bearing a relation to the specific power vested in the
Legislature, the House had a right to take cognizance of it, and such
a Treaty could not become the supreme law of the land until
sanctioned by the Legislature. To show the justness of this position,
he should examine this subject, he said, in a threefold light. He
should examine it by a recurrence to the words of the constitution;
then to the opinions which prevailed as to its meaning at the time it
was framed and adopted; and, lastly, he should examine what
construction was best calculated to preserve the liberties of this
country.
The constitution contains two clauses in reference to the Treaty-
making power. The first declares that the President, with two-thirds
of the Senate, shall have power to make Treaties. He proceeded to
inquire whether this clause gives them the right to make Treaties the
supreme law of the land? To determine this it was necessary to
examine the import of the word in those countries where the Treaty
power had been frequently exercised, and to consult the opinions of
the best civilians. The general power of making Treaties is under the
control of the constitution. In despotic countries, where all power,
Legislative, judicial, and Executive, is in the hands of one person,
there the Treaty-making power is without control, and a Treaty as
soon as made becomes, ipso facto, the supreme law of the land; but
in all limited governments, the Treaty power is subject to the
limitations in the constitution. The practice of this principle may be
found even in the British Government. There, though the King
originates Treaties, as the President and Senate do here, they do not
become the supreme law of the land, respecting Legislative subjects,
until the co-operation of Parliament is obtained. Thus the power of
making Treaties does not imply the power of making those Treaties
in all cases the supreme law of the land. If the Executive make a
Treaty involving none but Executive powers strictly, then it becomes
immediately the supreme law; but if they contain provisions, which
involve the Legislative authority, the Executive can make them but
conditionally, and they do not become supreme until the Legislature
choose to make them so. The British Government furnishes an
example where this doctrine has been practised, and it is by a
reference to the practice of despotic Governments, that the mistaken
idea is taken up that all Treaties, as soon as made, become the
supreme law of the land. The clause in our constitution, he
concluded, does not give authority to the President and Senate to
make a supreme law of the land.
When this clause of the constitution is compared with the other
parts of it, it will be found, he said, that the above interpretation is
just; for the Treaty-making power is delegated as a general power,
while to Congress specific powers are granted. The rational and
admitted rule of construction in these cases is, that specific power
restrains general powers; and here, then, the general Treaty power
must be restrained by the specific powers of Congress. He admitted
that the Executive had full power, under the general authority vested
in them by the constitution, to originate Treaties and to carry on
negotiations with foreign powers; but that if the provisions of a
Treaty so negotiated clashed with specific powers granted, the
authority exercising those specific powers must give it their sanction
before it becomes the supreme law of the land.
He next turned to the second clause of the constitution respecting
Treaties, which had been noticed in the debate. It says, that the
constitution, laws, and Treaties, shall be the supreme law of the
land; and gentlemen contend, he remarked, that though the first
clause does not make the Treaties entered into by the Executive the
supreme law of the land, yet that this does; but its obvious and only
meaning, when the whole of it is taken into view, is, that the
Constitution, laws, and Treaties of the United States, are only meant
to be declared supreme to constitutions and laws of the individual
States. It is admitted, as a sound rule of construction, that to
discover the true meaning of any instrument, it is fair to have
recourse to the existing circumstances that produced it. When the
constitution was formed, it was under a strong impression of the
inconveniences experienced under the Confederation, when great
obstruction was thrown in the way of the Treaty power, by the States
refusing to carry into execution those agreed to by the constitutional
authority. This was the evil the framers of the constitution had in
view when they inserted this clause, and it has no relation to the
powers of the General Government, which stand precisely in the
same situation with or without it. It does not declare that Treaties
shall abrogate laws, but that the States shall not have it in their
power to throw impediments in the way of their execution. The
words of the constitution cannot be understood otherwise than that
the constitution, laws, and Treaties, shall exist together; it does not
say that a Treaty shall repeal a law, or a law repeal a treaty. Then
the constitution certainly contemplated that they never should be in
opposition, for contradictory and opposing laws cannot exist at the
same time; if they exist at the same time, they cannot be in
opposition to each other. If it can be supposed that the President and
Senate can make a Treaty in opposition to a law of the Legislature,
and yet both the Treaty and the law be at the same time the
supreme law of the land, an absurdity is supposed. But if it be
admitted that the House shall have a participation in the business of
Treaties, in cases which involve the Legislative authority, then the
words of the constitution become intelligible, and both Treaties and
laws may be at the same time the supreme law of the land.
Gentlemen say, that Treaties, ipso facto, repeal anterior laws
clashing with their provisions: they say, that the constitution, laws,
and Treaties, stand upon the same footing in the constitution, being
all declared the supreme law of the land. If Treaties can repeal laws,
then laws can repeal the constitution, for the second (laws) are to
the first (constitution) what the third (Treaties) are to the second
(laws); then, also, by parity of reasoning, Treaties may repeal the
constitution. If all stand on the same footing, and the precedence is
according to the point of time, the last always prevailing, then
Treaties may change the fundamental principles of our Government;
then the President and Senate, by entering into stipulations with a
foreign government, may give us a monarchy, may convert our
President into a king, and our Senate into a nobility; for, say the
gentlemen, Treaties are the law of the land as well as the
constitution, and a subsequent law repeals those which are anterior.
But these positions are false in all their parts; a law or a Treaty
cannot repeal the constitution, nor can a Treaty repeal a law. If the
manner in which the three words are placed in the constitution is to
have any force, it would not favor the construction of the gentlemen;
they contend for the supremacy of Treaties, whereas Treaties are
last named, and the true construction from this source would be the
reverse, when there was clashing. He next adverted to the lengths
to which the mode of interpretation contended for by the gentlemen
would carry them. It was never intended, he asserted, by the
people, when they instituted this Government, that the Treaty power
should possess this omnipotence. It was never intended that the
President and Senate should have it in their power to effect a radical
change in our Government, and stipulate with a foreign nation for a
guarantee of the change. Laws contrary to the constitution are
nugatory, and Treaties contrary to existing laws, the same; because,
when in that stage, they are not concluded under the authority of
the United States, but are only so (and then there is no longer any
clashing) when once they have received the sanction of the
Legislature. From the above, he concluded that the President and
Senate originate Treaties, and that the Legislature to a certain extent
should exercise a check upon this power. And upon these principles
the British Treaty is not the supreme law of the land until a decision
on it was had in the Legislature.
Mr. Findlay.—It seems to be agreed by both parties that the express
words of the constitution will not support either position without a
liberty of construction. The difference of opinion is now confined to
what construction is most agreeable to the general principles of the
constitution.
That the construction which gives the fullest scope to all the powers
vested in the different departments of the Government, and which,
by combining their operation, is the best calculated for the
preservation of the Government itself, offers fairest to be the true
one, cannot reasonably be doubted.
The Legislative powers, to regulate commerce with foreign nations,
to levy taxes, appropriate money, &c., are specifically vested in
Congress, and as deposited in the Legislature, are secured by
numerous negative checks, declaring what things Congress shall not
do, and guards regulating the manner in which it shall exercise its
powers on the proper subjects.
The Treaty-making power is not vested in Congress; the negotiating
part of making Treaties is partly of an Executive nature, and can be
most conveniently exercised by that department, and is, therefore,
vested in the President and Senate. The President shall have the
power to make Treaties, two-thirds of the Senate agreeing
therewith.
Even the power of negotiating, which includes the timing of Treaties,
the appointment of Envoys, and instructing them, and approving of
Treaties, so far as to present them for ratification, are powers of
great importance, and may put the Government in such
circumstances as to render it expedient to ratify a Treaty, which, if it
had not been agreed to by the negotiating agents, it would have
rejected—are powers of great importance of themselves; but it is
acknowledged that more than this is vested by the constitution in
the Treaty-making powers.
The power of making treaties is admitted to be so extensive as to
embrace all subjects arising under the law of nations, for securing
amity and friendship betwixt nations, and for the mutual protection
of the citizens in their correspondence with each other. Authority for
this purpose is not vested in Congress among the enumerated
powers, but expressly given to the President and Senate; therefore,
Treaties to this extent, ratified under their authority, are the laws of
the land, according to the constitution.
The powers specifically vested in Congress are so explicitly checked
and guarded as to form an unequivocal limitation to the Treaty-
making power, when it extends to powers specifically vested in the
Legislature, consisting of the Senate and House of Representatives,
with the approbation of the President.
The Legislature cannot transfer its essential powers, nor evade
them; the exercise of its privileges it may dispense with, but if it may
dispense with or transfer any one Legislative power, it may, on the
same principle, dispense with or transfer every power with which it
is vested, and for the exercise of which the Legislature only are
responsible.
The Executive cannot assume or exercise any power expressly
vested in the Legislature. If the Executive may, by an extension of
the Treaty-making power, regulate commerce, make laws to raise
and appropriate money, &c., or, which is the same thing, command
laws to be made for carrying Treaties, which interfere with the
Legislative powers, into effect; or if, as is contended, the Legislature
has no moral power of discretion, no power to refuse to make laws
to carry Treaties into effect, or even to form an opinion on the
goodness or badness of Treaties, when they relate to powers
explicitly intrusted to its deliberation: on the same principle all
Legislative discretion may be exercised by the Treaty-making power
without regard to the constitutional guards provided to prevent the
abuses of those powers. For there is no Legislative power vested in
Congress but what may be either directly or indirectly exercised by
the Treaty-making power.
If the Treaty-making power is admitted to the extent pleaded for,
and the specific powers vested in Congress are admitted in the
extent in which they are unequivocally expressed, we are reduced to
a dilemma, and the constitution is necessarily admitted to have
instituted two interfering Legislative authorities, acting in direct
competition with each other on the same subjects, and both making
supreme laws of the land; which though they may be nominally
distinct, have the same effect on the citizens, with this difference
only, that we may be relieved from the oppression of laws by a
repeal of them, but cannot be relieved from the hardships resulting
from a Treaty, without the consent of another nation.
In advocating the resolution before the committee, we admit a
reasonable latitude to both the Legislative and Treaty-making
powers. Where the Treaty-making power extends itself to express
Legislative objects, and where Legislative aid is absolutely necessary
to carry the Treaty into effect, we contend that the Legislature in
making such laws, exercise that moral power that is necessary for
legislating in all other cases, and are not reduced to the situation of
an executive officer, or mere treasurers of the United States. In this
case, we say, that the powers are not intended to make war with
each other; that the departments ought to concur in the exercise of
them. This method preserves the exercise of both powers in their
proper places; the other destroys the Legislative authority which is,
by the constitution, the most explicitly vested, and precisely
guarded.
Mr. Smith, of New Hampshire, said, he had not intended to have
delivered his sentiments on the question before the committee, but
as he did not fully agree in opinion with any gentleman who had
spoken, it became necessary for him to express the grounds of his
opinion. This he would do as briefly as possible.
As this question involved the constitutional powers of the House, he
viewed it as important; it was a delicate question. We were called
upon to decide as to our own powers. For these reasons he thought
that the discussion should be conducted with moderation, coolness,
and candor; that such a temper was most favorable to truth.
However gentlemen might differ, he observed, on other subjects, in
this we are all agreed, that, in forming our judgments on all such
questions, the constitution must be our sole guide. It was this
instrument, he said, which defines the powers given to the General
Government, and which distributes these powers among the several
departments. If the constitution had not assigned to each its peculiar
portion of power, these departments, like the original elements,
would be engaged in a perpetual war for power. All would be
confusion, disorder, and anarchy. He proposed, in the first place, to
give what he conceived to be the true exposition of the constitution,
on the subject of Treaties in general. He should then, he said, state
as correctly as possible the exposition or construction of the
constitution contended for by the gentleman opposed to him. He
lamented that he could not do this with greater accuracy. The
gentlemen had not agreed among themselves. He could only state
what seemed to be the general current of opinion. The construction
which he advocated was, that, by the Constitution of the United
States, the power of making Treaties is exclusively vested in the
President and two-thirds of the Senate. That this power extends to all
kinds of Treaties—of Peace, of Alliance, of Amity, of Commerce and
Navigation, and embraces all those subjects, and comprehends all
those objects, which can with propriety be the subject of convention
or compact between nations; that is, every thing in which they have
a mutual or common interest. That a compact so made which does
not change the constitution, and which does not palpably and
manifestly betray or sacrifice the private interests of the State,
(which is invalid on natural principles,) is binding on the nation
without any sanction on the part of the House of Representatives.
That such a Treaty is by the constitution paramount to the
constitution and laws of the several States; that the Judges in the
several States are bound to obey it. That it is by the reason and
nature of the thing paramount to a law of the United States, and
abrogates and annuls all pre-existing laws contrary to it, and, as
long as it remains in force, limits and restricts the power of the
Legislature of the United States to pass any laws in contravention of
it. That, when such a Treaty requires money to be provided, or
rather Legislative acts to be performed, it is the duty of the
Legislature to provide and appropriate the money in the same
manner as it is their duty to provide and appropriate money for the
payment of our debts. That the nation must judge whether it be
constitutionally formed or not; whether the stipulations contained in
it be such as in good faith they are bound to execute, and whether
any circumstances have happened which would justify a non-
observance of it. That on these subjects they must exercise a sound
discretion. That neither the nation, nor any departments of the
Government, are at liberty to reject a Treaty merely because it is a
hard bargain.
The doctrine on the other side is—
That the power to make Treaties is limited to such objects as are not
comprehended and included in the specified powers given to
Congress by the constitution; or, that a Treaty which comprehends
or embraces any such object is not valid; that is, not the supreme
law of the land, until the House of Representatives have added their
sanction to it; or, if this be not admitted, that the House of
Representatives, by the theory of our constitution, have check on
the Treaty-making power, in providing and appropriating money
necessary to carry a Treaty into effect; which power, it is admitted
on all hands, they possess; and thus in this way control the doings
of the President and Senate, and can reject a Treaty, or at least
certain parts of it. That they can and ought to do this if they believe
the Treaty to be a bad one, though not injurious in an extreme, such
as manifestly betraying or sacrificing the private interest of the
State, (which by the Law of Nations nullifies such a compact,) and
which on all hands would readily be admitted as a sufficient cause
for refusing to carry it into execution.
Mr. William Lyman began with remarking, that the gentlemen opposed
to the resolution had at first contended, that the House had not a
constitutional right to require papers of the Executive, relative to any
subject whatever; and that if a requisition was made, it would be
discretionary with the Executive, whether it should be complied with
or not.
To this he replied, that the House possessed the power of
impeachment solely, and that this authority certainly implied the
right to inspect every paper and transaction in any department,
otherwise the power of impeachment could never be exercised with
any effect. But not to rely solely on this, he recollected one case, he
said, perfectly in point, which was in the correspondence of the
former Secretary of State (Mr. Jefferson) with the British Minister,
communicated to the House. From dates and references, there
appeared in that correspondence a chasm. The House, therefore,
passed a resolution requesting the Executive to lay before them
what had been omitted; and further, the resolution in that case was
offered by the gentleman from South Carolina, (Mr. Smith,) who was
now so vehemently opposed to the present. The right of calling for
papers was sanctioned, he said, by the uniform and undeniable
practice of the House ever since the organization of the
Government; they had called for papers and information whenever it
was judged expedient; and he asserted, that the House had the
fullest right to the possession of any papers in the Executive
department; they were constituted the especial guardians of the
people for that purpose; and he would undertake to say, that this
was the first time it had ever been controverted.
In order to ascertain the powers of the House, he would advert to
the constitution. In the first article and first section, it was declared,
"that all Legislative powers therein granted, were vested in a
Congress, to consist of a Senate and House of Representatives;" and
in the eighth section of the same article, the powers granted were
defined and specified, such as to lay and collect taxes, borrow
money, regulate commerce, and to exercise other important powers
enumerated in the several clauses of that important section. He said
it was unnecessary to read them, as they had been so frequently
referred to in the course of the debate; but he would request
gentlemen to pause and reflect whether it could be supposed that
this section was not to be efficacious and operative; was it possibly
conceivable that a section so definite and so important had been
introduced in the constitution merely for the purpose of being
nullified and rendered nugatory by a subsequent article or section?
The very supposition, he said, appeared to him the height of
absurdity, and an affront to common sense; and yet this would be
the case, if the doctrines advanced were true, viz: that Treaties,
when made and ratified by the President and Senate, were supreme
law, and that they controlled and repealed all laws that stood in their
way. Congress could neither regulate commerce, borrow money,
prescribe rules of naturalization, nor legislate on any other subject,
because the President and Senate, by Treaty, would abrogate them
all. It was in vain to consult the House of Representatives in the
formation of laws, if they thus were liable to be annulled at the
pleasure of the President and Senate. The present question, he said,
was not, whether the House should make Treaties, but whether the
President and Senate should make laws; all the power contended for
on the part of the House was the power of self-preservation; it was a
repelling power, a power to prevent the President and Senate, under
the color of making Treaties, from making all the laws. A gentleman
from Connecticut (Mr. Griswold) had said, that the Legislative power
occupied all ground, and was vested in Congress; and that the
Treaty-making power occupied all ground, and was vested in the
President and Senate; and that although Congress, who were the
agents for the people, should make laws, yet, that the President and
Senate, who were also their agents, might, by Treaty, repeal them.
This, Mr. L. said, contradicted a sound axiom, and one he had never
before heard controverted, viz: that it required the same power to
repeal as to make a law. Such incongruities as the gentleman had
advanced, Mr. L. said, could never be reduced to practice; two
persons could not be possessed fully and completely of the same
thing and at the same time. The gentleman could never reconcile his
positions, the one would certainly defeat the other; upon his
construction, the Treaty-making power must absorb the Legislative
power, or the Legislative power would absorb the Treaty-making
power.
It appeared, therefore, to him, that constitutions, laws, and all
writings, ought to receive such interpretation and construction as to
render them consistent with themselves; and that it was highly
presumptive a construction was erroneous when it produced an
absurd conclusion. If the several parts of the constitution were
compared and critically examined, the determination must be, that,
although the President and Senate could make Treaties, yet it could
not be intended, those Treaties that entrenched on the specific
Legislative powers of Congress, unless with their concurrence and
consent; otherwise, it followed, that, although the three branches
were consulted in the enacting laws, two might repeal them. But it
had been asserted that this power, insisted upon on the part of the
House, was a novel doctrine, introduced merely upon the spur of the
present occasion; notwithstanding which, it had been proved by
several gentlemen who had spoken upon the question, that this
interpretation was given to the constitution in most of the State
Conventions at the time of its adoption; that the same interpretation
had also been given, at that time, by the writers both for and
against its adoption. It had appeared, from the extracts of
publications at that period, that whatever might have been the
diversity of opinion in other respects relative to the constitution,
that, in this construction, at least, both its friends and opposers
perfectly agreed. This principle, then, being thus settled and
understood, it remained only to show that it had been invariably
admitted and recognized from the first organization of the
Government until this time. The first Treaty that had been made
under this constitution, he said, was that with the Creek Indians, in
the year 1789; previously to the making of which, the President
communicated the subject to Congress; an extract from which
communication he would read, viz: "If it should be the judgment of
Congress, that it would be most expedient to terminate all
differences in the Southern district, and to lay the foundation for
future confidence by an amicable Treaty with the Indian tribes in
that quarter, I think proper to suggest," &c. Here, Mr. L. said, he
wished it might be particularly noticed, that this subject was
expressly referred to the judgment of Congress to determine on its
expediency or inexpediency, and for what purpose, he would ask,
was it referred? If the Senate and President possessed the full power
of making Treaties, there could be no occasion for consulting the
House of Representatives; and yet, in this case, the first that
presented itself, it had been conceived necessary. In consequence of
this communication, Congress had judged it expedient to hold the
Treaty; and on the 20th of August, the same year, enacted a law in
which the sum of twenty thousand dollars was appropriated for that
purpose; and, in conformity thereto, the President appointed
Commissioners and gave them instructions, which instructions had
been also communicated to Congress, from which he would also
read one paragraph; it was as follows: "You will observe that the
whole sum that can be constitutionally expended for the proposed
Treaty shall not exceed twenty thousand dollars." On this, he said,
any commentary was unnecessary, as the principle that the
Legislative power operated to restrain the power of making Treaties,
was so fully and explicitly recognized and admitted by the President
himself. By pushing inquiry further, it would be found that, in
January, 1790, in consequence of communications from the
Executive which were referred to a select committee, and a report
made thereon, the House came to the following resolution, to wit:
"That provision ought to be made by law for holding a Treaty with
the Wabash, Miami, and other Indian tribes north-west of the river
Ohio." In March following, a law was made, the title of which was
"An act entitled an act providing for holding a Treaty to establish
peace with certain Indian tribes."
In March, 1791, the sum of twenty thousand dollars was
appropriated for obtaining a recognition of the Treaty with the
Emperor of Morocco. In March, 1793, one hundred thousand dollars
were appropriated to defray the expense of a Treaty with the Indian
tribes north-west of the river Ohio.
Thus it was apparent that laws had always been deemed necessary
to provide for holding Treaties and for defraying the expenses
thereof.[71]
March 17.—In Committee of the Whole, on Mr. Livingston's resolution.
Mr. Reed said, he saw no necessity for the papers referred to in the
resolution. If the constitutionality of the Treaty should be
questioned, or the propriety of making appropriations, these
questions, he conceived, must be determined by comparing the
Treaty with the constitution, and by attending to those stipulations
contained in the Treaty itself.
It was not his intention to have troubled the committee by speaking
on this occasion; but perceiving that some gentlemen, in the course
of the debate, had gone further into the opposite extremes than he
was prepared at present to follow them, he felt as if he ought to
express his own sentiments with regard to the constitutional rights
of that House relative to the Treaty in question. The Treaty was
undoubtedly negotiated, ratified, and promulgated by constitutional
authority. The President, with the advice and consent of two-thirds of
the Senate, was, in his opinion, unquestionably that authority which
the United States had authorized to make Treaties. But still it
seemed taken for granted that some agency of that House, in its
Legislative capacity, would be needed in order to carry the aforesaid
Treaty into effect. A question, therefore, arose, viz: Was that House,
in all such cases, bound and obliged to put so implicit and absolute a
confidence in the Executive or in Treaties as would render it entirely
unnecessary to have any opinion of their own about them, or the
probable consequences of their operation? For his part, if he had
never seen the Treaty in contemplation, and were perfectly ignorant
of its contents, or, if he fully believed, as a citizen, that it was
unconstitutional, or calculated to ruin, or very materially injure the
country, he should not think himself justifiable in voting to
appropriate money for the purpose of carrying it into effect. It had
been conceded by gentlemen that if a Treaty were evidently
unconstitutional, it would not be wrong to withhold appropriations;
and he conceived that a Treaty might possibly be so injurious in its
effects as to justify such a measure. Supposing such a possible
event should ever actually happen, did not the right of refusing to
legislate in support of the said Treaty involve the right of previously
examining all Treaties which need the aid of the Legislature, and of
judging for themselves whether it would be proper or improper to
make laws for the purpose of carrying them into effect?
In making Treaties the Executive would use his own discretion,
keeping within the limits prescribed for him by the constitution. In
making laws the Legislature must use their own discretion, always
keeping within those limits and bounds which the constitution had
fixed for them. He said, the discretionary right here contended for
was not the right of doing wrong; it was not the right of violating the
constitution; it was not the right of supporting a Treaty which ought
to be defeated, nor of defeating a Treaty which ought to be
supported; but, simply the right of judging for themselves, whether
they ought, by their own act and deed, in the character of
Legislators, to appropriate by law such sums of money as would be
needed in order to support an existing Treaty, all things and
circumstances relating thereto being suitably examined and properly
considered. Perhaps it would be objected, that the constitution
nowhere expressly gave the Legislators that right. He answered, the
right was not precluded, but implied, and, in some respects,
evidently one of the original and essential rights of man; a law of
nature, prior and superior to all other laws; a law never to be
transgressed in any station whatsoever. Individuals, in many cases at
least, had a right to exercise their own discretion with respect to the
propriety of submitting to a civil law or of risking the penalty, the
consequence of disobedience; and, as a branch of the Legislature,
he believed they had a right to deliberate and consult, among other
things, the expediency and duty of making or of refusing to make
appropriations, even in the case of a Treaty. It appeared to him that,
in legislating, the Legislature should have this right of judging for
themselves with respect to the propriety of making or refusing to
make any law whatsoever. In most cases their duty would perhaps
appear plain and obvious, particularly in the case of appropriating
money where a law or Treaty actually existed. However, the
obligation did not arise wholly from the circumstance of an existing
law, but partly from the nature, reasonableness, and tendency of the
thing itself.
A Treaty negotiated by constitutional authority was, he contended, a
solemn compact between two nations. It was an important
consideration; but he thought they might, with propriety, attend to
other considerations, for and against it, especially when their own
aid was required, in order to carry it fully into effect. This he
conceived was the right of the House, and no encroachment upon
the prerogative of the other branches. An appropriation was a
specific sum, appropriated by a particular law to a particular
purpose.
The right of appropriating the public money was not a natural right,
but a right derived from the constitution; and the Legislature were to
exercise that right according to the honest dictates of their own best
discretion; excepting those instances in which they were expressly
restricted by the constitution itself, as in the cases of compensation
for the services of the President of the United States, and for the
services of the Judges. Congress might deliberate and act
discretionally in stating at first their salaries.
Mr. Tracy said, he felt a diffidence in giving his sentiments in that
House, which was much increased when he considered the ability
with which the question had already been discussed, and the length
of time it had consumed; but the magnitude of the question would
justify him, in his own opinion, for asking of the committee to
indulge him with a small portion of their time and attention.
This was the first time, since the adoption of the present
Government, that a discussion of the important constitutional
question of the extent of the Treaty-making power could have taken
place, as it respected a foreign nation; and, of course, would
probably form a precedent for all future inquiries of a similar nature.
The constitutional rights of the House of Representatives to interfere
with Treaties, might properly be considered in two points of view:
1. Had they a right to assist in the formation of Treaties in such a
manner as that a Treaty would be incomplete without their sanction
officially given? And,
2. Had they a right to refuse appropriations of moneys, (if necessary
to carry into effect some provisions in a Treaty,) and in that way
defeat its operation?
He acknowledged, if the first position could be supported, the right
to call for the papers would be conclusive; but, he contended, they
could not be wanted on the latter ground.
If the constitution was examined, it would be found the Treaty-
making power was given to the President; and no interference, or
right given to any other men or body of men but to two-thirds of the
Senate, and that by way of consent or advice. Could it be pretended
there was a shadow of authority given to the House of
Representatives?
In the constitution it is said, "all Legislative powers herein granted
shall be vested in a Congress," &c. Would it be pretended, had the
constitution gone no further, that the then thirteen independent
sovereign States, by that part of it, had parted with the Treaty-
making power? No! they reserved a great share of Legislative power
to themselves, and delegated it to Congress only in certain cases,
best calculated, in their opinions, to advance their own happiness;
and unquestionably reserved every right, power, and sovereignty,
which they did not expressly give away by the constitution itself. The
powers of legislation are the powers of making statutes in all cases
respecting men and things within the jurisdiction of the Legislature;
but it could by no means in its nature comprehend the Treaty-
making power, which is the power of contracting or making bargains
in the name of a nation, as a moral person, with another nation or
moral person, for their mutual benefit, and to be binding and
operative on them, as parties to the contract or bargain. And
although this had binding force on the nation, when once formed
and completed, yet it was not a Legislative act. But the constitution
went further: it had actually designated the President, with the
advice of the Senate, to be a Plenipotentiary for the formation of
Treaties. Vattel, page 179, speaking of the various customs of
nations, in the deposit of this power, says:
"All conductors of States (meaning the Executives) have not the
powers, of themselves, of making public Treaties: some are obliged
to take the advice of a Senate, or of the Representatives of a nation.
In the fundamental laws of each State we must see what is the
power of contracting, with validity, in the name of a State."
He supposed, by "fundamental laws," Vattel must mean the
constitution of a State; if so, it will not follow that the supreme
Legislative or Executive power of a State, as such, have necessarily
the power of making Treaties; it might be, and in most countries
was, an object of precise delegation, and probably always, or
certainly more commonly, given to the Executive. This constitution
had precisely given it to the Executive, subjoining the advice and
consent of the Senate; and in this particular, and in no other, had the
individual sovereignties delegated all their power without limitation.
It was necessary and proper this power should be lodged
somewhere, and equally necessary it should be entire and unlimited,
to meet every exigency that the welfare of the nation might require.
It had been said, that general expressions of power would be limited
by specific: this was a general truth, but he denied the application
which had been attempted. It was said, the Treaty-making power is
a general power; the Congress has a specific power to regulate
commerce, &c. Of course, the specific power to regulate commerce
will check the operation of a Treaty of a commercial nature. He said
this part of the subject had been so ably and conclusively managed
by a gentleman from New Hampshire, yesterday, (Mr. Smith,) that he
would not exhaust the patience of the committee by going over the
same ground. He would however observe, that by the common rule
of construction, all the powers given to the President which could,
and in their nature would, check or operate on legislation, must be
considered as a specific portion of power carved out of the general
power given in the former part of the instrument. The general
powers of legislation first given to Congress, and in the next place
specific powers given to the President, could not fail to lead the mind
directly to such a construction. "All Legislative powers, &c., are
vested in a Congress," but the President has a qualified and specific
check. Power to regulate commerce with foreign nations is vested in
Congress, yet the specific power of contracting, bargaining, or
making a Treaty, is, so far forth as it may touch Legislative points, a
specific check upon it. Yet he acknowledged this was not his chief
reliance. The nature of the case was such, that whatever internal
regulations, or those relating to external and foreign commercial
subjects, which may have become objects of Legislative attention,
oppose or come in competition with a contract or bargain about the
same things, must give way. It does not exclude legislation from the
object of foreign commerce, but establishes certain points within
which it shall operate, and which it cannot violate. The thirteen
sovereignties possessing all the power, gave to Congress a certain
portion of Legislative authority; but they certainly could give to the
Executive, or any other body, the power to make Treaties. This he
contended they had done, by the words of the constitution, in an
unlimited manner.
It had been said, that the constitution was similar to that of Great
Britain in the part respecting Treaties. This, he contended, was an
incorrect statement: in his opinion they were very different. The
constitution of Great Britain was formed almost entirely of usages. It
had been, for a great length of time, the usage for the King to lay
before Parliament, for their approbation, Treaties—especially those
of a commercial nature. If this was a usage, all that could be said of
it was, that it was a part of their constitution. He supposed this right
had been given by the Crown, at some time, to obtain a grant of
money; but he could not recollect that the Parliament, with all their
pretensions to a right of rejecting Treaties, had ever exercised it.
They generally made a pretext of dislike to a Treaty to change the
Administration. This had been often done; it was on the Treaty of
Peace of 1783. The Treaty of Utrecht, which was concluded in 1713,
had been cited as an instance of rejection by the British Parliament.
It was a fact, in that instance, that nothing was rejected but a
conditional Treaty. In forming the Treaty, there were many distinct
parts: one part of it was a Commercial Treaty between England and
France, separately signed and conditional—that is, "within the space
of two months after a law shall pass in Great Britain, whereby it shall
be sufficiently provided, &c., the general tariff made in France, &c.,
shall take place there again, &c." The law did not pass in Great
Britain, and of course the Commercial Treaty failed. Mr. T. said he
had searched all the Treaties made by Great Britain since the Treaty
of Munster, which, if his memory was accurate, was concluded in
1648, and could not find an instance of the Parliament's refusing
their assent to a Treaty made unconditionally; and he really believed,
if they practised fully on the right they claimed, it would very soon
destroy their Government. It had been said, Blackstone in his
Commentaries had defined the powers of the King of Great Britain to
be unlimited in the making of Treaties. He observed, that, let
Blackstone or any other Crown lawyer say what he would in favor of
prerogative, it was well known the usage had been to submit to
Parliament the consideration of Treaties, and that usage was a part
of their constitution; and he rejoiced, that in that particular the
constitution of his country was different. Gentlemen had said, Shall
this House not have as much power respecting Treaties as the House
of Commons in Great Britain? This question was both improper in
itself, and calculated to mislead. Were we in convention, and forming
a constitution, it might have weight; but in a cool discussion of a
constitution already formed and adopted, and the question is, What
powers are given? it could not be proper. And it ought to be
remembered that Parliament, and not the Commons alone, had this
right in Great Britain. In defining the relative powers given by the
Constitution, there was danger of the popular branch making
encroachments on the other branches, under pretence of favoring
the liberties of the people. This pretence, however grateful it might
sound in debate, he thought was but a pretence. It was the duty of
the House to make a stand against all encroachments on their own
rights, if any were attempted, but it must equally be their duty to
exercise great caution not to encroach on others. He said, he
considered the responsibility which was so very necessary on those
in the exercise of the Treaty-making power could not exist if it was
extended to the House of Representatives.
He acknowledged if a Treaty was unconstitutional, it was not then a
contract of binding force, and of course contained no obligation of
any kind whatever; if a Treaty was so terrible in itself, and
manifested consequences ruinous to the nation, no argument could
be drawn from such a statement to establish general rules. The
moral law had said, we shall not kill, and yet a man may be placed in
such a situation, as that he not only may, but it becomes his duty to
kill; could it be said a general right to kill is proved by this
concession? But could gentlemen seriously say, we now wanted
these papers, mentioned in the resolution, to assist us in
determining upon the question of appropriation? He thought not. He
supposed the first extensive and unlimited right of interfering in the
making of a Commercial Treaty could alone justify the call, and he
believed that ground must be given up. He said his colleagues
(Messrs. Smith and Griswold) had asserted no other doctrines than
such as he now advocated, and yet they had been accused of saying
that this House had no will of their own, but must in all cases
implicitly obey the President and Senate. The construction he had
given to the constitution he believed to be just, and trusted he could
be under no necessity of declaring the purity of his intentions, as he
did not doubt but every member of the House was guided in the
investigation by the purest motives.
Mr. S. Smith said, that at the present state of the discussion, little
was left but gleanings, and to bear testimony against a doctrine that
appeared to him big with consequences fatal to the true interests of
the country. He would not pursue the sophistry of the gentleman last
up (Mr. Tracy) through all its windings and turnings; he would only
observe that the gentleman had read some, and quoted much to
prove that Treaties were the supreme law—a doctrine that was
admitted by all, that is, when under the authority of the United
States.
He said the resolution requested certain papers to be laid before the
House. What had been the custom of the House heretofore?
Invariably to ask for all and every paper that might lead to
information. He well recollected that, in 1793, a great ferment had
arisen in the public mind in consequence of the Proclamation of
Neutrality, (which had always appeared to him to be a wise
measure,) that on the meeting of Congress a great number of useful
papers relative to our situation with respect to foreign nations were
submitted, some of them of a most confidential nature, relating to
Treaties then depending, particularly that with Spain. The President
was not afraid to place his confidence in that House, and he was
right; the public mind was restored to quiet, and the people of
Kentucky (then restless) were satisfied that the Executive were
doing every thing in their power to obtain the free navigation of the
Mississippi. The President went further; he sent a special agent to
Kentucky to communicate to that Government the line of conduct
then pursuing for their welfare. Had the public mind been less
disturbed on the late Treaty than in 1793? He thought not; and that
every paper which would tend to satisfy that the Treaty was
expedient, or to give information on a subject that must be
discussed before that House, might with propriety be asked for.
A gentleman from Vermont (Mr. Buck) repeated by another from
South Carolina (Mr. Smith) said, to vote for this resolution would be
treason against the laws and constitution. Why this harsh language?
Did it lead to a discovery of truth? Where did these gentlemen find
that definition of treason? Not in the constitution, for there it was
properly defined.
Mr. S. said, gentlemen had taken a ground that appeared alarming,
viz:
That the President and two-thirds of the Senate may, by the aid of a
Treaty, do any thing, and every thing, not morally impossible,
(provided they do not infringe on the constitution,) and that the
immediate Representatives forming this House, have only to be
informed thereof, and to obey.
Let us pause for a moment, and ask, Was this possible? Could this
be the fair construction of our so much boasted constitution? If it
should be, he would not regret the services rendered his country
during the late glorious Revolution, nor the part he had taken to
promote the adoption of the constitution; nor would he, by
inflammatory speeches within, nor his actions without doors, do any
thing that should tend to destroy the harmony then subsisting, or to
disunite a people whom nature and relative wants seemed to have
connected together; but he would endeavor, in a constitutional
manner, to obtain amendments to the constitution, which would
prevent the evil in future. But is there occasion for amendments to
the Treaty-making power? He thought not. There were checks and
balances sufficient in the constitution to prevent the evils that might
arise out of it. He said, he could offer nothing new, but would
pursue the train of reasoning began by a gentleman from Virginia,
(Mr. Madison.)
In the eighth section of the first article of the constitution, Congress
have power to lay duties, &c., &c., but all duties shall be uniform
throughout the United States:
Can regulate trade with foreign nations:
Can establish a uniform rule of naturalization.
Congress, then, although they have the power to lay taxes and
duties, and to make laws of naturalization, are bound to make them
uniform; and in another article, are prevented from giving a
preference by any regulation of commerce or revenue to the ports of
one State over those of another. But the Treaty-making power is not
so confined; it may relieve one of our ports from this uniformity of
duties, or one of the States from the uniformity of naturalization;
that is, it may relieve goods imported in British bottoms into New
York, from the one-tenth extra duty, and let it remain on all the
other ports of the Union. But, say gentlemen, it is unfair to reason
against the use of power by its probable abuses. He thought it
advisable to guard against abuses; but has this abuse not already
taken place? He thought it had. Not with respect to a port of the
consequence of New York; that would have been too palpable; but
on the Lakes, by the third article of the Treaty, goods imported to
the territory in that quarter, in British bottoms, are subjected to no
higher duty than goods imported in American vessels to the Atlantic
ports. Here appeared a departure from that uniformity required by
the constitution; here appeared a preference given to the ports of
one State over those of another; and yet gentlemen contend, that
the House have no right to inquire into the business. Indeed, so
delicate was one gentleman (Mr. Buck) on the subject, that he
opposed committing the Algerine Treaty, lest it should establish a
claim to investigation! It was true, the trade on the Lakes was small,
but it would increase. Thus, although Congress were very wisely
restricted, when laying duties, to make them uniform, yet the
President and Senate would be capable, by the assistance of a
foreign power, to destroy that uniformity.
Mr. S. then stated, that he did not mean, and he hoped he should
not be understood to preclude himself from voting to carry the
Treaty into effect. He held himself entirely open to conviction; and if
he should find that the same was expedient, whatever might be his
opinion at present on the instrument, (and in truth he did not think
it good,) yet he would keep himself at full liberty to act as he might
think most to the interest of this country, when that subject should
come before the House.
March 18.—In Committee of the Whole, on Mr. Livingston's resolution:
Mr. Isaac Smith did not pretend to prescribe limits to other men's
faith, but he never could believe that men, as wise as those who
compose the convention, would have left so important a regulation,
as was now contended for by some gentlemen, to mere uncertain
construction. He believed, if they intended that House should have
had an agency in the making of Treaties, they would have said so in
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