Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1809-09-26

not nave Qlne OtnerWtSc ne naQ no op-
ton, unless lie had chosen TO take upo,
himself a most enormous responsibility.
As so II as she English ambassador, for
his soversign announced that the orders
in council would positively be rescihded
on the 10Th of June it was the presidents
du'y 10 proclaim it and, accordingly, he
did proclaim it.
Independent Of this calculation derived
from the words the non.intercourse law
under which the chef magistrate a9ed,
he subject is susceptible oil very con.
elusive construction from the circumstance
that il WIS no;oriouiiy the Intention of
congress that intercourse should b. renew :
ed with he belligercnts respectively, when.
lever France or Great Britain should an
nounce defnitve resolution 10 respect
ur neutral rights aud more especially
4 either of those powers should propose
la colemporaneous abroga ion of the cd,Gts
and Of the embargo. 1.-THE president wa,
moi 10 issue his proclamation till the or
d-rs in council had been Withdrawn, that
very circumstance would have afforded a
pre- ext for the E'glish to persevere, mas
much as they could have said, that how
ever willing they were to NEE; the Uni
ted S,a'es upon equal terms, yet they could
not consent to take the first step. Con.
lgress expressly wished 10 avoid giviog he
English ministry any room 10 hold such
language and Therefore they SO framed
he non-intercourse law, thai its SUSPENSE.
IN should not depend upon a past but a
| iuture contingency; that is upon certain
| assurance Of revocation provid d our laws
were not suspended previously TO the day
On which the British order, were 10 be
vi hdrawn.
So much for the FIRST proclamation. Let
me now examine The presidential powers
with regard to the proclamation of August
Hast.
| i will be admitted by all men of sense
las very just reasoning thai If the cxecuI
Tive Of the United > ,,es had issued his
lproclama ion of the 18th day of April. 1909
Ires.oriDg mmetc iai in,ercou Sc between
he United Ssa,es and GTca, Britain, before
he COVE rnment Of Engiapd had indicated
Tits iatention 10 wi hdfaw The orders IN
|council, that then the p exclamation would
have been illegal, and contrary to the pro-
lyisions of the eleventh section II he no l.
Intercourse law. This being granted (and
no one, presume, will dispu g ir) VIVA
difference is there between revocation
of the orders not promised, and rev1ca
ton promised but no. fulfilled? Evegy
pc son can see al a glance that there i,
\ not the smallest difference. Wherefore
as E. ingress, a, their session of May 1909
lena:led no Law 10 renew commercial in
ltercoursc tn Great Britain, and the cen
ditinp upon which the presidents procla
nation of April 19,h, 1909, was issued
having failed by the refusal Of the British
. ministry to ra,ify Mr.. Erskine's arrange
ment, that proclamation became null an
void. II is impossible to conceive a cas-
more clear and unequivocal. Congress
granted the president of the United Sta c
power to issue a proclamation if a certar
thing should in certain way occur; ,hs
thing did Occur. and was sanet oDed b
the solemn aud officia pledge Of an accre
= dited minister the president then issue
!, the proclamation but eventually, IN
sanction and the pledge of the m,niste
are no, confirmed and the thing who's
:, occurrence VAS necessary 10 the issuing {
:. the proclamation, is as if il had never haI
,, pened, Or course cong esj having cr
d. acted nothing TO lhe contrary, The state
things which exis ed previously 10 tn
issuing Of the proclaim alton, recurs. M
opinion is, that il the president had new,
;, issued his proclamation OF August $50
:. the non-iDicrcourse law, in all its origin
- force, would have revived the m oment Il
\ American government was officially moi
fed that The British cabinet had refuse
= to verify Mr.. Erskine's arrsngements
i, and that the annunciation Of that refus
: by the proclsma ION of IN. executive W
>, mere formally, requisite only as it te
>, dea to give consistency 10 the aels of o
!, lgovernmspt.
:" What has co fused the subject mo
:. than any hing else. is this the preside
6 has been considered as renewing and stc
ping commercial intercourse by the ms
force Of his proclamations but the fael
:, altogether diSeren, the chief magistr;
., never had any power voluntarily TO restC
80 or 10 inierrOp. trade ; ii was congress, WI
- by the non-iBtercourse law, provided
~ the prevention Of commerce and for
g. revival. The president had no other pc
% er in this case than SIMPLY 10 proclaim q
=" a certain event bad happened the {
=: venth section of the non-intercourse
IL. a a "a