cannot make him drink. In his diary for August 22, 1789, Maclay gave a
characteristic account of the scene. Washington presided, taking the
Vice-President's chair. "He rose and told us bluntly that he had called on
us for our advice and consent to some propositions respecting the treaty
to be held with the Southern Indians. Said he had brought General Knox
with him who was well acquainted with the business." A statement was read
giving a schedule of the propositions on which the advice of the Senate
was asked. Maclay relates that he called for the reading of the treaties
and other documents referred to in the statement. "I cast an eye at the
President of the United States. I saw he wore an aspect of stern
displeasure." There was a manifest reluctance of the Senate to proceed
with the matter in the President's presence, and finally a motion was made
to refer the business to a committee of five. A sharp debate followed in
which "the President of the United States started up in a violent fret.
'This defeats every purpose of my coming here' were the first words that
he said. He then went on to say that he had brought his Secretary of War
with him to give any necessary information; that the Secretary knew all
about the business, and yet he was delayed and could not go on with the
matter." The situation evidently became strained. Maclay relates: "A pause
for some time ensued. We waited for him to withdraw. He did so with a
discontented air."

The privy council function of the Senate was thus in effect abolished by
its own action. Thereafter the President had practically no choice save to
conclude matters subject to subsequent ratification by the Senate. It soon
became the practice of the Senate to restrict the President's power of
appointment by conditioning it upon the approval of the Senators from the
State in which an appointment was made. The clause providing for
the advice and consent of the Senate was among the changes made in
the original draft to conciliate the small States, but it was not