States returning to the House the bill passed by the two Houses entitled "An act for an Apportionment of Representatives among the several States according to the first Enumeration," and presented to the President for his approbation on Monday, the 26th of March; to which bill the President having made objections, the said objections were read, and ordered to be entered at large on the Journal, as follows:

"Gentlemen of the House of Representatives:

"I have maturely considered the act passed by the two Houses entitled 'An act for an Apportionment of Representatives among the several States, according to the first Enumeration;' and I return it to your House, wherein it originated, with the following objections:

"First. The Constitution has prescribed that Representatives shall be apportioned among the several States according to their respective numbers; and there is no one proportion or divisor which, applied to the respective numbers of the States, will yield the number and allotment of Representatives proposed by the bill.

"Second. The Constitution has also provided that the number of Representatives shall not exceed one for every thirty thousand; which restriction is by the context, and by fair and obvious construction, to be applied to the separate and respective numbers of the States; and the bill has allotted to eight of the States more than one for every thirty thousand. 66 G. WASHINGTON."

Friday, April 6.

The House proceeded to reconsider the bill passed by the two Houses entitled "An act for an Apportionment of Representatives among the several States, according to the first Enumeration," which was presented for approbation on Monday, the 26th of March, and returned by the President yesterday, with objections.

The President's objections were also read; and, after debate on the subject-matter of the said bill, the question “That the House, on reconsideration, do agree to pass the bill," was determined in the mode prescribed by the Constitution of the United States, and passed in the negative yeas 23, nays 33

And so the said bill was rejected, two-thirds of the House not agreeing to pass the same.

50. President Jefferson's Innovation.1

December 8, 1801.

Sir: The circumstances under which we find ourselves at this place rendering inconvenient the mode heretofore practised, of making by personal address the first communications between the Legislative and Executive branches, I have adopted that by Message, as used on all subsequent occasions through the session. In doing this I have had principal regard to the convenience of the Legislature, to the economy of their time, to their relief from the embarrassment of immediate answers, on subjects not yet fully before them, and to the benefits thence resulting to the public affairs. Trusting that a procedure founded in these motives will meet their approbation, I beg leave, through you, sir, to communicate the enclosed Message, with the documents accompanying it, to the honorable the Senate, and pray you to accept, for yourself and them, the homage of my high respect and consideration.

TH. JEFFERSON.

1 Richardson, Messages and Papers of the Presidents, 1, 325.

CHAPTER XVIII

THE SENATE AS AN EXECUTIVE COUNCIL

THAT Washington expected the Senate to act as a sort of executive ouncil admits of little doubt. The expectation was natural. The Convention of 1787 had expressly rejected a proposition to establish such a couneil and had associated the Senate with the President in important executive matters. Moreover, the membership was not at first too large to permit of its acting in a confidential, advisory capacity. But almost at once, if we may trust Maclay's Journal, the Senate exhibited an independence and aloofness which in the end prevented the establishment of intimate relations.

51. Considerations on the Time, Place, and Manner of

Consultations.1

The President has the power, by and with the advice and consent of the Senate, to make treaties and to appoint officers.

The Senate, when this power is exercised, is evidently a council only to the President, however its concurrence may be to his acts. It seems incident to this relation between them, that not only the time, but the place and manner of consultation, should be with the President. It is probable, that the place may vary. The indisposition or inclination of the President may require, that the Senate should be summoned to the President's house. Whenever the government shall have buildings of its own, an executive chamber will no doubt be provided, where the Senate will generally attend the President. It is not impossible, that the place may be made to depend in some degree on the nature of the business. In the appointment to offices, the agency of the Senate is purely executive, and they may be summoned to the President. In treaties, the agency is perhaps as much of a legislative nature, and the business may possibly be referred to their deliberations in their legislative chamber. The occasion for this distinction will be lessened if not destroyed, when a chamber shall be appropriated for the joint business of the President and the Senate.

1 August 8, 1789. Writings of George Washington (Ford ed.), XI, 418-19.

The manner of consultation may also vary. The indisposition of the President may supersede the mere question of conveniency. The inclination or ideas of different Presidents may be different. The opinions, both of President and Senators, as to the proper manner, may be changed by experience. In some kinds of business it may be found best for the President to make his propositions orally and in person, in others by a written message. On some occasions it may be most convenient, that the President should attend the deliberations and decisions on his propositions; on others that he should not; or that he should not attend the whole of the time. In other cases, again, as in treaties of a complicated nature, it may happen, that he will send his propositions in writing, and consult the Senate in person after time shall have been allowed for consideration. Many other varieties may be suggested as to the mode by practice.

If these remarks be just, it would seem not amiss, that the Senate should accommodate their rules to the uncertainty of the particular mode and place, that may be preferred, providing for the reception of either oral or written propositions, and for giving their consent and advice in either the presence or absence of the President, leaving him free to use the mode and place, that may be found most eligible and accordant with other business, which may be before him at the time.

52. How the President shall be received in the Senate.1 "Resolved, That when nominations shall be made in writing by the President of the United States to the Senate, a future day shall be assigned, unless the Senate shall direct otherwise, for taking them into consideration; that when the President of the United States shall meet the Senate in the Senate-chamber, the President of the Senate shall have a chair on the floor, be considered as at the head of the Senate, and his chair shall be assigned to the President of the United States; that, when the Senate shall be convened by the President of the United States

1 Resolution of the Senate, August 21, 1789. Writings of Washington (Ford ed.), XI, 419 n.

at any other place, the President of the Senate and Senators shall attend at the place appointed. The secretary of the Senate shall also attend to take the minutes of the Senate; that all questions shall be put by the President of the Senate, either in the presence or absence of the President of the United States, and the Senators shall signify their assent or dissent by answering viva voce Ay or No."

53. President and Senate in Executive Session.1

August 22d, Saturday. Senate met, and went on the Coasting bill. The door-keeper soon told us of the arrival of the President. The President was introduced and took our VicePresident'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. He then turned to General Knox, who was seated on the left of the chair. Gen. Knox handed him a paper, which he handed to the President of the Senate, who was seated on a chair on the floor to his right. Our Vice-President hurried over the paper. Carriages were driving past, and such a noise, I could tell it was something about Indians, but was not master of one sentence of it. Signs were made to the door-keeper to shut down the sashes. Seven heads, as we since have learned, were stated at the end of the paper, which the Senate were to give their advice and consent to. They were so framed that this could be done by aye or no.

The President told us that a paper from an agent of the Cherokees was given to him just as he was coming to the Hall. He motioned to Gen. Knox for it, and handed it to the President of the Senate. It was read. It complained hard of the unjust treatment of the people of North Carolina, &c., their violation of treaties, &c. Our Vice-President now read off the first article, to which our advice and consent was requested. It referred back principally to some statements in the body of the writing which had been read.

1 Maclay, Journal of William Maclay, 128-33 passim.