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jeopardize the treaty. Finally, he relented and submitted the treaty for Senate ratification. Accepting the ends as justification for the means, the Senate approved the treaty by a vote of 26 to 6.

The War of 1812 saw serious reverses for American forces on land and sea, including the sacking of the city of Washington and burning of the Capitol by British troops. To reach a peace accord with the British, President James Madison dispatched a highlevel negotiating team that included John Quincy Adams and Speaker of the House Henry Clay. At Ghent, they arrived at a treaty that reestablished peace between the nations without resolving the issues that had originally sent them to war, notably British impressment of American seamen and American neutrality rights. Although it left much to be desired, the treaty ended an extremely unpopular war. Another impetus toward ratification was the news that American forces under General Andrew Jackson had defeated the British at New Orleans-two weeks after the Treaty of Ghent had been signed. News of the victory caused celebration throughout the United States and brought about a unanimous vote in the Senate to ratify the treaty.

By contrast, United States military campaigns from 1846 to 1848 thoroughly defeated Mexico and opened the way for acquisition of western territories even larger than the Louisiana Purchase. President James K. Polk had recalled his chief negotiator in Mexico, Nicholas Trist, and was therefore surprised when word arrived that Trist had reached an agreement with the Mexican government. Although Polk had reservations about the unauthorized treaty, believing that recent military victories could have won even greater territorial concessions from Mexico, he also recognized that should he reject the peace treaty he could not count on further congressional appropriations to continue the war. Polk therefore submitted the treaty to the Senate, which ratified it by a vote of 38 to 14. It was hardly a poor bargain. Under the terms of the Treaty of Guadalupe Hidalgo, the United States purchased for $15 million more than a half million square miles of territory from Mexico, comprising what are today the states of California, Arizona, New Mexico, Nevada, Utah, Wyoming, and Colorado. Eventually, however, the price was greater, for the unresolved issue of whether slavery could spread into the new territories was a major factor in America's Civil War.

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What is the Senate's role in nominations?

Washington and His Cabinet, Currier & Ives lithography company, 1876. (cat. no. 97)

Article II, Section 2 of the Constitution embodies a
classic example of our constitutional division of powers.
In order to lead, the president is given the authority
to appoint cabinet secretaries to carry out administration
policy, ambassadors to represent the nation abroad, and
judges to interpret the laws and actions of the govern-
ment. But to prevent the president and presidential
appointees from exercising arbitrary power, the Senate
has the power to approve or reject these nominations.
The House of Representatives role is limited to passing
legislation that determines which lower offices the presi-
dent may fill without senatorial confirmation.

Delegates to the Constitutional Convention de-
bated allowing the Senate to appoint ambassadors and
judges. (Some felt that the Senate should choose the
president as well.) Senator Gouverneur Morris of New
York argued strongly against senatorial appointment
power, on the grounds that a legislative body was
too numerous to make appointments. He also objected
to the Senate serving as a court of impeachment to try
the same appointees it had confirmed. Morris convinced
his colleagues with the argument that as the president
was to nominate, there would be responsibility, and
as the Senate was to concur, there would be security.
Once the Constitution was adopted, many ques-
tions remained concerning implementation, including
its provisions for the confirmation of nominations.
On June 15, 1789, President George Washington submit-
ted his first nomination, that of William Short, to take
charge of American affairs in France after the previous
minister, Thomas Jefferson, returned to America to
become secretary of state. Some senators had expected
the president to appear in person to seek their advice
as well as their consent, and were disappointed when
Washington simply submitted the nomination in writing.

the Senate.

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In August, the Senate considered a motion to discuss nominations only in the president's presence. A committee of three senators then took the proposal to President Washington. But Washington thought it would create an awkward situation for both himself and the Senate if he were present while his nominations were debated. He reasoned that "as the President has a right to nominate without assigning his reasons, so has the Senate a right to dissent without giving theirs." Accepting this logic, the Senate agreed to receive Washington's written nominations, including those for the first cabinet secretaries, which the Senate received on September 11, 1789.

During the first Congress, and for most of its first century, the entire Senate heard all nominations as a committee of the whole, in executive session. Nominations were referred to committee only if the candidate was unknown or if there were some charges pending against him. By 1868, the executive clerk began routinely referring nominations to the appropriate standing committees for initial screening, before they were debated and voted upon by the entire Senate. Until 1929, the Senate conducted its executive sessions behind closed doors, barring both the public and the press, on the grounds that it could more easily discuss the individual merits of nominees when not on public display.

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