The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-02-28
GvcuMr 2.


once taken, will beeaiy maintained; il isrecom.
Tended by being both peaceabIc and cffeSiuai.
while all Others a,e doubtful and tneuuaI. He
concluded by hoping, that toe refoution would
be rejected, as it appeared TO him dsrefpeelfut
TO the Executive, unneo eiiary, and 'incoriifert
with the pubic good
| MIR. ANDERSON. Mr. pre6dens2The hon
member from Vermont (Mr. Smith, Gems 70
entertain an opinion, that it will be indelica,e
towards the Prefdent of tie ". S. 10 ADOPT the
reio'utIon now under confederation. Having
been me mber of the committee, who reported
II, feel fomewhat bound, to endeavour 10 OBJ
viate this objection, having done which ihsIl
then proceed to antyaer fome other ol,ieIai,,s
ava offer fome rcafons in favour of adopting
the reioInt'on 1 expeG it will be concedcd.
that II 1t be contitItonalto pats this ref;,Ition
1t cannot be indecate towards the preideut'
Let US examine the language Of the conni,ut;-
on upon this point. The contribution fsvs.
that the Prefdent fhal' have power. bv and
vhh the advice and content of the Senate. TO
make treaties. Nov contend that the true
meaning OF this clauieis that the advice fhou)d
Precedt the making of the treaty, and that il
was couched Intifc language in which we find
IT. LOT tne purpo'e OF obtaining the opinion of
Inc Senate, as to the principles upon which Che
treaty ihould be made. And upon exam;ni,r
your executive journal, you will find tina. mis-
conjunction was given to the contribution Inv
Senerai Wilmington who, having been fbe
frehdent or the convention, mn!f reafonabIvbe
iupPoied to have underftood the true intent &
meaning OF thc contribution in all its parts.
aug 10 iar die he extend the contribution for
which lconteud, that the Executive inurnaI u,;u
thew, in order to ak the advice The. S.n,,e'
relative to treaty he contemplated making.
mat IN the year 1890, he actually took his feat
IN the Preildent's chair of this body, and aIked
the ADVICE OF the Senate, upon fundry articles.
WHICH he propofed making the BATS of the tr.a.
~. Thus, 1t would feeni, that the iire Pref
dent OF the U. S. in. diftharge of his duty. had
given the foregoing contribution to the conftin,
non. Some inconveniencies having However
been found to arife from this mode of aGino
the advice of the Senate, il has fince f,,l-p ind
dilute. But the latter practice cannot. nor
ought not to De coniidered, as condemni,g the
conjunction of which conceive the confit,r,i.
on Is fairly fuiccptibe. Becaufe the conftrutij-
on given by the firf Proficient, 70 Immediately
after the adoption of the federal contribution.
mutt be coniidered as proceeding from the true
'lenie and correct opinion, which he then en-
ter,a'hed OF the rsI1e7iz'e rights of the treaty
making power. ,-T'
In iupport of this contribution, Mr.. PRECEDENT.
can ALTO thew, from your executive Journals.
10 late as lat fefiion, that the Sesate pafTed a
Ieio'ut'on, requefting the Prelidert 10 make a
treaty with the Creek nation of Indians. And
although If may be faid, that tue Creeks not he.
Ing foreign nation, it is not an appetite oafrI
however conceive the principle to be precifsly
the lame. For we have always treated the IN
o'ahs do independent nations, and the fame
proceedings and formalities, lave uniformlv
been had in making The treaties, and ratifvino
them, as have been bad, with other nations
10 much, Mr. Prefident, ] have thought pro-
per to lay, IN order to flew, that if we pafs
this reiolufion. we do not offer any indeIir.cv
to the PRECEDENT. But, on the contrary. viii
only exerc'ie our conltitrtionaI power, which
the peculiar and perlous ituation of our conn.
try, feems imperiouily to demand. / l,onld
no! nave taken up 10 much time, upon this
point, had not the CONFERENCE.-The of paf;ro
the refolution bcen alto objected 70 bv Tbs 70
ther hon. member from Vermont (Mr. Brad-
ley.) '"o
in oil uiiing the merits Of the refoIution now
unoer confederation, it will he necefYarv char
we Keep conftantiy in view the great urincinle
Oh the one, which las already pafTed this
houie' by unanimous vote, becaufe this f.
cond reioistionis Predicated upon the principle
OF the hrit. In the frf we declare, that the
.sptuls ai!n concentration, under the orders
OF the Britiih government, and adjudication of
their courts OF admiralty, of mericari yeiIels
and their cargoes on the pretcxt of their being
employed III trade with the enemies of Great
Britain, prohibited in time of peace, is an lin
PROVOKED agsrehOn upon the property of the
citizens of the u. s. a violation of their nen.
trail rights, and an cncroachment upor their ma.
tlonal independence.
In order to fhew that The ground we haze
taken is correG, ] will take leave to refer toa
book certified an examination of the Bri.iGh
Doctrine, which fabietts to capture a neural
trade, not open in time of peacc) afcribed 70 q
gentleman high in Office, ,Vilo has deGrved,v
acquired great celebrity in the political world.
1t viii be found that the principle commended
tor IN the reioution, ! have cited, obtained "a
early as the firft rife of regular commerce. and
was even reduced to fyftem, as early &c Isss.
1 o this doctrine Great Britain acceded nv trea.
ty with Sweden, in 1865, and afterwards, in
1874, The actually claimed and enjoyed the he
nett of 4 free trade. fhe being at that time in
peace, and the Dutch in war with France.
With what kind of pretext can Great Britain
pretend to- deprive Us of the exercife of the We.
ry rights which ihe herfelf had claimed and ex.
erched upon precifely the fame PRINCIPLES,
Behdes thofe neutral rights have, by co6Aatt
and very long ufage, become the eRabIlhed
law OF nations, aud have from time tn time
been ingrafted into many treaties, even where
g. Britain was herfef party. Upon this doc
trlne thus iuitained, we requef the Pre6dent