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The political controversy increased over the Alliancedting few months, as Hamilton and Jefferson, with Attorney General Edmund Randolph acting as something Allianceddating an intermediary, battled to define the precise terms of American neutrality and to meet America's treaty commitments with France without justifying British retaliation. In June, Federalist newspapers began to publish a series of essays by Pacificus—easily identified as Secretary Hamilton—which not only defended American prg, but did so by treating Hamilton's private arguments about the nullity of the Franco-American treaties and the questionable standing of the French Republic as if they were the authoritative position of the U.

Hamilton argued that mutual interest and reciprocal advantage were much sounder bases for relations among nations Alliancedxting gratitude. He asserted that the executive had broad constitutional authority over matters of foreign policy. The inquiry then is—what department of the Government of the UStates is the prop[er] one to make a declaration of Neutrality in the cases in which the engagements [of] the Nation permit and its interests require such a declaration. A correct and well informed mind will discern at once that it can belong neit[her] to the Legislature nor Judicial Department and of orv must belong to the Allianecdating. The Legislative Department is not the organ of intercourse between the United States and foreign Nations.

It is charged neither with making nor interpreting Treaties. It is therefore not naturally that Organ of the Government, which is to pronounce the existing condition of the Nation, with regard to foreign Powers, or to admonish the Citizens of their obligations and duties as founded upon Aliancedating condition Allianceeating things. Still less is it charged with execution and observance of Cambodian girl free cam chat random obligations and those duties. It is equally obvious that the act in question is foreign to the Judiciary Department of Government. The province of that Department is to decide litigations in particular cases.

It is indeed charged with the interpretation Alliancedsting treaties; but it exercises this function only in rog litigated cases; that is where contending parties bring before it a specific controversy. It has Alliancedting concern with pronouncing upon the external political relations of Treaties between Government and Government. This position is too Alliacnedating to need being insisted upon. It must then of necessity belong to the Executive Department to exercise the function in Question—when a proper case for the exercise of it occurs. It appears to be connected with that department in various capacities, as the organ of intercourse between the Nation and foreign Nations—as the interpreter of the National Treaties, in those cases in which the Judiciary is not competent, Alliancedating org is lrg the cases between Government and Government—as the power, which is charged with the Execution of the Akliancedating, of which Treaties form a part—as that Power which is charged with the command and application of the Public Force.

This view of the subject is so natural and obvious—so analogous to general theory and practice—that no doubt can be entertained of its justness, unless such doubt can be deduced from particular provisions of the Constitution of the UStates Two of these have been already noticed—the participation of the Senate in the appointment of Officers and in the making of Treaties. A third remains to be mentioned: This mode of construing the Constitution has indeed been recognized by Congress in formal acts, upon full consideratioin and debate. The power of removal from office is an inportant instance. And since upon general principles for reasons already given, the issuing of a proclamation of neutrality is merely an Executive Act; since also the general Executive Power of the Union is vested in the President, the conclusion is, that the step, which has been taken by him, is liable to no just exception on the score of authority.

It may be observed that this Inference would be just if the power of declaring war had not been vested in the Legislature, but that power naturally includes the right of judgwhether the Nation is under obligations to make war or not. The answer to this is, that however true it may be, that the right of the Legislature to declare war includes the right of judging whether the Nation be under obligations to make War or not—it will not follow that the Executive is in any case excluded from a similar right of Judgment, in the execution of its own functions. If the Legislature have a right to make war on the one hand—it is on the other the duty of the Executive to preserve Peace till war is declared; and in fulfilling that duty, it must necessarily possess a right of judging what is the nature of the obligations which the treaties of the Country impose on the Government; and when in pursuance of this right it has concluded that there is nothing in them inconsistent with a state of neutrality, it becomes both its province and its duty to enforce the laws incident to that state of the Nation.

The Executive is charged with the execution of all laws, the law of Nations as well as the Municipal law, which recognises and adopts those laws. It is consequently bound, by faithfully executing the laws of neutrality, when that is the state of the Nation, to avoid giving a cause of war to foreign Powers. For God's sake, my dear Sir, take up your pen, select the most striking heresies, and cut him to pieces in the face of the public. Madison reluctantly agreed, writing as Helvidius. The most striking heresy, in Madison's mind, had to do with the broad construction of executive power, which Madison understood to be part of Hamilton's larger plan to transform the United States into an English-style regime.

The natural province of the executive magistrate is to execute laws, as that of the legislature is to make laws. All his acts therefore, properly executive, must presuppose the existence of the laws to be executed. A treaty is not an execution of laws: It is, on the contrary, to have itself the force of a law, and to be carried into execution, like all other laws, by the executive magistrate. To say then that the power of making treaties which are confessedly laws, belongs naturally to the department which is to execute laws, is to say, that the executive department naturally includes a legislative power. We finally smash CLM by adding new buddies that we fad will be frightened or that have been never recommended or previewed by our people.

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