inasmuch as the reduction of the duties levied on French
wines in pursuance of that treaty has diminished the
public revenue, and has been and yet is enjoyed by
France, with all the other benefits of the treaty,
without the consideration and equivalents for which
they were granted. But there are other national
interests, and, in the judgment of this Government,
national interests of the highest order, involved
in the condition prescribed and insisted on by France
which it has been by the President made the duty of
the undersigned to bring distinctly into view.
That condition proceeds on the assumption that a foreign
power whose acts are spoken of by the President of
the United States in a message to Congress, transmitted
in obedience to his constitutional duties, and which
deems itself aggrieved by the language thus held by
him, may as a matter of right require from the Government
of the United States a direct official explanation
of such language, to be given in such form and expressed
in such terms as shall meet the requirements and satisfy
the feelings of the offended party, and may in default
of such explanation annul or suspend a solemn treaty
duly executed by its constitutional organ. Whatever
may be the responsibility of those nations whose executives
possess the power of declaring war and of adopting
other coercive remedies without the intervention of
the legislative department, for the language held by
the Executive in addressing that department, it is
obvious that under the Constitution of the United
States, which gives to the Executive no such powers,
but vests them exclusively in the Legislature, whilst
at the same time it imposes on the Executive the duty
of laying before the Legislature the state of the
nation, with such recommendations as he may deem proper,
no such responsibility can be admitted without impairing
that freedom of intercommunication which is essential
to the system and without surrendering in this important
particular the right of self-government. In accordance
with this view of the Federal Constitution has been
the practice under it. The statements and recommendations
of the President to Congress are regarded by this
Government as a part of the purely domestic consultations
held by its different departments—consultations
in which nothing is addressed to foreign powers, and
in which they can not be permitted to interfere, and
for which, until consummated and carried out by acts
emanating from the proper constitutional organs, the
nation is not responsible and the Government not liable
to account to other States.
It will be seen from the accompanying correspondence that when the condition referred to was first proposed in the Chamber of Deputies the insuperable objections to it were fully communicated by the American minister at Paris to the French Government, and that he distinctly informed it that the condition, if prescribed, could never be complied with. The views expressed by him were approved by the President, and have been since twice asserted and enforced by him in his messages to Congress in terms proportioned in their explicitness and solemnity to the conviction he entertains of the importance and inviolability of the principle involved.