Note 70 — FOURTH CONGRESS.—FIRST SESSION. (continued 3)
Reading edition
This explanatory note was written by Mr. Gales, editor of the Annals of Congress, who has rendered a valuable service to the student of political history in bringing these two great debates, each by itself, into a single and connected form. They are the groundwork of high constitutional knowledge; and, whether for the intrinsic importance of their matter, the close acquaintance of the speakers with their subject, or as fine specimens of parliamentary debating, they stand forth as debates of the first class which our congressional history has afforded. Marshall, in his history, says of them: "Never had a greater display been made of argument, of eloquence, and of passion; and never had a subject been discussed in which all classes of their fellow-citizens took a deeper interest." The first debate related to the Treaty-making power, and how far the House of Representatives had the right to refuse assent to a treaty which required an appropriation of money, or which regulated commerce, or which required the exercise of any other power specifically granted to Congress. The second applied to the execution of the commercial Treaty of 1794, with Great Britain; one party contending that the Congress was bound to make the appropriation to carry it into effect—the other denying the obligation and claiming the right of a discretionary power. The two debates were upon kindred subjects, and before the House at the same time, yet kept distinct, in the discussion, neither sliding into the other, and one finished before the other began; such was the closeness with which members then adhered to the subject, even in Committee of the Whole, and which gave to these early debates of our Congress so much point and power, and so much attraction to the hearer then and to the reader now. An abridgment can only present a part of these great debates, which cover above 300 pages of the Annals of Congress; but the whole argument will be seen on both sides, as the pith and marrow of each main speech will be given.