Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-09-28

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'giods 90 board belong, lie may freely d;
so' Without wh.ch requisites they may b.
sent TO Ole OF the ports of the other con
uact'Hg party. and adiud ged by the com
Potent tribunal. accotdiig to what Is aboy
sci forth, tina, all the circumstances of III,
omission having been we'll exa mined, The
shall be adjudged TO be legal prizes, uu
less they shall give legal satisfaction o
Their property BY testimony entirely equi
;vaient."
We have not the French treaty at pre-
sent before US; but It's provisions on the
point under consideration, are not maieri
ally variant from those already recited.
Here then are three treaties, by two oil
which the government aie still bound, and
by one or which they were bound until late
)y; ali of which were negotiated by fe-
derai administration, and ratified by ie.
DEAL senate.
II the provisions are injurious CT unjust,
who are 10 blame but federalistsf Howe
yer improper, il is the clear duty of the
present administration to observe them.
That there is great injustice pra&ised in
Carrying them into eHeet canno, admit Of
doubt. That it is the duty of the GO.
sernment to demonstrate against it is e.
qualify clear. That they have rernons,rat
ed is extremely probable. Whether their
remonstrances viii put an end to the evil
is uncertain. Should they fail in doing this,
Il rests with the legislature to apply the
remedy. The demand OF justice and It's
refusal, necessarily, according 10 the the.
ory OF our government, transfers all ulte
rior powers ro the legislature. With them
arc deposited the revenue and the armed
force or the nation, as we'll as The REGULATE
on Of trade, and with them it must rest to
decide whether the case is of such ma.
ture as to demand an appeal to arms, OF
a restrained or in,erdicted intercourse.
And should such case occer, can il be
doubted that those, who assume TO them.
selves all the patriotism of the country,
should the friends Of The administration
be reniss in their duty, viii fail 70 br1ng
forward such measures as an iBiufed and
insulted nation are called upon TO pursue.
Then the nation will be able to'determine
whether the present administration are re-
ally ayerse to the protection OF commerce
or to the vigorous redress Of violated
rights. Should sey refuse 10 take i.c ne.
there be reason 10 complain.
There are two import. mt considerati-
ons which on this as well as other topics,
are not duly attended 10. The 6rstarises
from the abandonment by the lederaists
of The principle that free ships make free
goods, which had been previously adopted
in several treaties. While this principle
was uniformly asserted by US to be lust,
and while we refused in any solemn slipu-
iatIon TO surrender il, we stood upon higl,
ground. We were under no obligation
to allow our vessels TO be searched, or sen,
20 adjudication, under the pretext OF hav.
ing encmy's goods on board. We re
NAMED free, In case The hostile principle
were asserted, To oppose force to fore,
without violating any moral obligation.
The other consideration. arises from
confoundiug the powers and duties of dis
tinct departments OF our government
Because the President has high and ex
tensive powers, it is offer either ignorant
ly or peryersely inferred that he has al
power. But so different is the theory O.
the government, that the very reason VIII,
he is denied some grea, powers is his be
ing possesss of hers. Thus, though it i
made his duy TO ereeme all, he is prohi
bited fron making any laws; and though
il is his dut} to ncgsciate with foreign ma
tons, be is prohibited from using the natl
onal force against Them without he exI res.
permissionof Congress. Il is the great
the pre-eninenuy distinctive feature o
our system, that the nation, which is TO x
perience the complicated evils of war, II
likewise the sole Judge Of its propriety.
Suppose then the Executive, by over
stepping bis constitutional powers, by con
splting isown indignant feelings at wrong,
committed agains, the American nation
should, by hasty measures snatch from
Congress THEN great uretugative OF 1eclan
ing war, would not those, who are row tn,
most c;amorous for energetic measures
be the FIRST to institute an impeachment
Would not the cry Of usurpation 'esounc
through The land
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