What he had done thus far by allowing his representatives to negotiate and sign the treaty with France was, in his current view, beyond the scope of his powers. “The Executive in seizing the fugitive occurrence which so much advanced the good of their country, have done an act beyond the Constitution.47 The legislature in casting behind them metaphysical subtleties, and risking themselves like faithful servants, must ratify and pay for it, and throw themselves on their country for doing for them unauthorized what we know they would have done for themselves had they been in a situation to do
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