Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1806-03-03
(Gontiauea.9

Mr.. ANpEasoS. Mr.. President-lh he
hon, me noer from Vermont Mr.. Smith)
seems 70 ea,ersa.u an opinion, that u WILL
be indicate toward the president OF the
Uoited States TO adopt the resolution now
under consideration. Having been amen
her of the committee VINO reported II,
feel somewhat bound to endeavor TO obyi-
ate this objection, having done winch l
shall then proceed TO answer some osHer
objections, and offer some reasons In Ia l or Or
of adopting the resoluaoa. expect II
will be conceded that fflt be constitutional
20 pass this resolution, il cannot DC indsli-
cate 60 ward the PRECEDENT. Let usexamne
the language of the constitution upon this
no;nt. The constitution says that the, pre-
siden, SHALL have power, by and with the
advice and consent of the senate, to make
treaties. Now I contend that the true
meaning Of this clause is, that the advice
should precede the making of the treaty,
and thsS il was couched IN the language In
whch we find il, for the purpose OF OBJ
tanning the opinion of the senate, as to the
principles upos which the treaty should Dc
made. And upon examining your execu-
tive journal, you will find that this con.
ssruc,ion Yves given to the constitution by
general Washington who, having been
presiden, Of the convention, must reason
ably be supposed to have understood the
,rne.intens and meaning OF the constitution
in all lis parts. And SO tar dld ne extend
the construction for which. contend, that
the executive journal will shew,' IN order
4o ask the advice of the senate, relative 10,
treaty he contemplated making, that IN
the year 1890, he actually tookhis seat, IN
,br nresident's chair OF this body, and ass.
ed ,he.aayice OF the senate upon sundry
articles, which he proposed making the ba~
sis of the treaty. Thus It would seem
,ha, the first president of the Y. States, IN
discharge Of his duty, had given the tore.
ce;np construction to the constitutional;
Some incenveniencies having, however,
hser found 10 arise from this aiode OF ask.
an, ,he advice of the senate, 1t has since
faileu.iato disuse. But the latter practice
cannot. nor ought no, to be ccnsldered,- as
condemning the construction OF which 4
conceive the constitution is fairly susceptl.
HI. Because the construction given oy
she first president, so immediately aiterthe
adoption Of the federal constitution, must
be considered as proceedingfrom the true
sense and correct opinion, which he then
entertained of theH respective rights of the
treaty making power.
In support of this construction, Mr..
President. I can also ahew, fremyour exc
ecutye journals, SO late as last session,
that the senate passed a resolution request,
iuc the president 90 make atreaty with the
Greek nation OF indians. And although II
NAV be said that the Greeks NOT being a
foreign nation, it is not an opposite cause,
however conceive the principle TO be pre-.
cisely the same. For we have always treat.
ed the Indians as independent NATIONS, and
the same proceedings and formaiities have
uniformly been had in making the treatiee,
and ra,ifying them, as have been had With
other nations. So much, Mr.. President,
have thought proper to say, IN order to
show that if we pass this resolution, we do
not offer any indelicacy to the president.
Hut, On the contrary, will only exercise
constitutional power. which the peru'
liar and pcriioas situation Of our country
seems imperiously to demaoa. | should
not have taken up so much time upon this
poin, had not the conssituuonalty OF pass
INC the resolution been also objected TO BY
he o,he other hon. member from Vermont
flfs. Bradley.)
In discussing the merits of the resolu-
SION now under consideration. twill De
necessary that We keep constantly in view
the grea, principle of the one which has
already passed ahIs house, by unanimous
vote, because this second resolution is pre-.
dictated upon the principle of the FIRST. In
,he FIRST we declare, that the capture and
condemnation, under the orders 'of the