The Records of the Federal Convention of 1787/Volume 3/Appendix A/CCLXXV
ⅭⅭⅬⅩⅩⅤ. James Madison to Thomas Jefferson.[1]
The Newspapers will inform you that the call for the Treaty papers was carried by 62 agst 37. You will find the answer of the President herewith inclosed.[2] The absolute refusal was as unexpected as the tone & tenor of the message are improper & indelicate. If you do not at once perceive the drift of the appeal to the Genl Convention & its journal, recollect one of Camillus’ last numbers, & read the latter part of Murray’s speech. …
According to my memory & that of others, the Journal of the Convention was, by a vote deposited with the P., to be kept sacred until called for by some competent authority. How can this be reconciled with the use he has made of it? Examine my notes if you please at the close of the business, & let me know what is said on the subject.—You will perceive that the quotation is nothing to the purpose. Most of the majority wd decide as the Convention did because they think there may be some Treaties, as a Mere Treaty of peace that would not require the Legislative power—a ratification by law also expressed a different idea from that entertained by the House of its agency.[3]