Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1804-01-05

quoted, and stated that tlifress;on <cf
the constitution was ali TIA made ~.
to be mode under the authorfathe TTn;t
cd States,' that the legislativewer ,yas
defined and that he treaty riar mower
was not defined, though not uiE led and
this is evident and paipable fdN,e tres.
ty making powers trammeled 4. man.
nerthe same gentleman now coz it is
why declare that the law mad i'm suance
OF tue constitution ana all treA'eyade or
Sn,eh snali De MADE undsf thek ority
of the United States arethe supra Iaws
of the land The reason is obvf the
Legislative power is limited in a{nner
that it was neither intended, noAs i
practicable to limit the treaty makn, row.
ser. The power of legislation was or, ent
to be given for certain and PARTICULAR.
cumstances I'll other legislative p@rs
were reserved to TIE states, 'whereaae.
whole treaty making power Of the mn
was vested in the president, 10 be exerc4
with the advice and consent of the Sen;
To refnte the arguments of my colleagl
it is necessary to shew that the POI
ers of the President and Senate in the
treaty making capacity, are defined and /
mited, either by special grants Of power
which exclude powers not given, or by par.
ticular reservations. Upon an examination
fthe constitution it Will be found that the
powers are neither specified nor are there
any reservations, Butt must not be infer.
red fro m this, that we believe the treaty
making power is unlimited. The constitu-
ton imposes particular and general lmita-
tons upon the powers of the government of
the United States. No department Of the
government can do any Of the things that
are prohibited by the constitution. Nor
would .heybe justihable in not doing what
is positively tnjoined upon them to do. T
do not believe therefore that the Presidents.
and Senate would cede state or any part
of state, because our common defence
was one Of the great purposes for which the
government was formed, and because the
constitution guarantees to every state in the
Union republican form Of government,
and engages a protect each OF them against
Invasion.
IF tie fpeciaI grants OF power 70 Congress are
TO be confdercd as linta ions of the treaty max
ing power, The power of making treaties does
not iubaa ii I:y exit in this goternme { and
If our time would permit it, l would flew thas 4
commerciai treaty caunot be formed, without In
tcrfsring with the power given to CongEels to re-
gulate commerce., lay and collect duries, inpoitS,
&c. and that no other treaty can he formed
that will not.reqaire an engagement 70: the pay
mcnt Of money, or, In one way or other tie ex-
ercife OF orc Or more of the powers veaed in
Conprefs. To make ours practicable govern
ment il muf be underRood that the treaty max.
ine power may regociite respecting mary OF the
fa5ietts upon which Congreis may eg,Aace, hue
thar corgrefs are nc, bound 20 carry mo execu-
ton fuch Compact (wterc an att OF theirs is me-
ceG.ry 10 give them eflti) unlcfs they approve
Of them. And this mat be fully undegRood By
all nations with whom fuch compatts may be
formed. Upon every other fobjed proper for a
natiooal compact, nor inconGRen; with cur con.
fiintion, and endcr The limitations by ine fated, =
treaty may be tegociated and abloIpteIy ccnclud.
ed by the treaty m@kiog power, 70 asfo bind the
nation.
The gentleman f:om Conneaicut Mr.. TfacYs
rua conliigr the grant Of power to the legill-
ruge as jmifation Of the Treaty making power.
fol- ne lays, that the power to admit new
itates, an3 10 make citizens is given TO Congrefs,
and not to the treaty making po~es'--thsret"'e
an engagement in treaty TO do either of thric
things is unconaitdtonal. I cannot help exprel.
Gng my lurpfife at that gea,leman's giving that
opinion and think myitif jraifable in ayine.
TIA. il It is nov bis opinion, il was not always 70.
The contrary opiaion is The only jaaidcsrion Of
that gentlcmsn's appreciation Of the Britih tsea
~, and OF bis vote ir Carrying ii INTO eattt. BY
tbat treaty a great numhee Of felfons bad right
to become American ciiz2na Immediately; rot
only withon, law, but contrary TO an exiting
law. And by that treaty many OF tie powers
E,sC;aN- uiyen CCporerc hyarsi(A5f ~, n a