awaiting the action of the Senate. The subject is an important one, more
so, as I think, than is commonly supposed, and being very glad to see that
it is now occupying your attention, it will afford me much pleasure to
comply, as far as in my power, with your request.

Independently of the principle involved, it seems to me that the course
now proposed to be pursued is liable to very grave objection. It is an
attempt to substitute the action of the Executive for that of the
Legislature, and in a case in which the latter is fully competent to do
the work. For almost twenty years, Congress has been besieged with
applications on the subject, but without effect. Senate Committees have
reported in favor of the measure, but the lower House, composed of the
direct representatives of the people, has remained unmoved. In despair of
succeeding under any of the ordinary forms of proceeding, its friends have
invoked the legislation of the Executive power, and the result is seen in
the fact, that the Senate, as a branch of the Executive, is now called
upon to sanction a law, in the enactment of which the House of
Representatives could not be induced to unite. This may be, and doubtless
is, in accordance with the letter of the Constitution, but it is so
decidedly in opposition to its spirit that, even were there no other
objection, the treaty should be rejected. That, however, is but the
smallest of the objections to it.

If the people required such a law, nothing could be more easy than to act
in this case as we have done before in similar ones. When we desired to
arrange for reciprocity in relation to navigation, we fixed the terms, and
declared that all the other nations of the earth might accede to them if
they would. No treaty was needed, and we therefore became bound to no one.
It was in our power to repeal the law when we chose. So, again, in regard
to patents. Foreigners exercise the power of patenting their inventions,