I will not follow some of the gentlemen who have preceded me, by
dwelling upon the discretion of the legislature; a question which has
already been the subject of our deliberations, and been decided by a
solemn vote. Gentle-men who were in the minority on that question may
give any construction they please to the declaratory resolution of the
House; they may again repeat that to refuse to carry the treaty into
effect is a breach of the public faith which they conceive as being
pledged by the President and Senate. This has been the ground on which a
difference of opinion has existed since the beginning of the discussion.
It is because the House thinks that the faith of the nation cannot, on
those subjects submitted to the power of Congress, be pledged by any
constituted authority other than the legislature, that they resolved
that in all such cases it is their right and duty to consider the
expediency of carrying a treaty into effect. If the House think the
faith of the nation already pledged they can not claim any discretion;
there is no room left to deliberate upon the expediency of the thing.
The resolution now under consideration is merely "that it is expedient
to carry the British treaty into effect," and not whether we are bound
by national faith to do it. I will therefore consider the question of
expediency alone; and thinking as I do that the House has full
discretion on this subject, I conceive that there is as much
responsibility in deciding in the affirmative as in rejecting the
resolution, and that we shall be equally answerable for the consequences
that may follow from either.

It is true, however, that there was a great difference between the
situation of this country in the year 1794, when a negotiator was
appointed, and that in which we are at present; and that consequences
will follow the refusal to carry into effect the treaty in its present
stage, which would not have attended a refusal to negotiate and to enter