Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-01-05
From the United States Gasette.
WIN PlNxNEy.


We have heretofore attempted to draw
the attention of our readers to the real
state in which the country has been placed !,
in regard to foreign relations, bv The ex-
traordinarv, and, as we believe, illegal
proceedings OF our administration. We
have endeavored to prove, that, according
te the presidents own construction Of the
act Of congress OF Nav last, as contained
in biz instructions TO gen. Armstrong, he
has issued his proclamation without havicg
obtained from France what he himself knew
and repeatedly declared to be all ind,spen-
sable Prerequisite to such a measure, and,
consequently, that the proclamation is a
mere nuIlity, having no more legal force or
effect than like proclamation issued BY any
other unauthorized individual. II We mis-
take not. indications Of similar opinion
NAV be found in the report OF the secretary
Of The treasury, and even in the message
Of the president, at the opening Of the ses
sion Of congress. The act of non-in;cr
cou;s- was Supposed 10 be a good and valid
law, of a plain and practical import. VI
the presidents prorIau.s,ion has The legal
power Of rS',nz s ND II nneqpp p '
cit sas nson OF i, in regard to France, lis
provisions arc sill as plain and practical as
ever. Nothing more is necessary than for
the executive officers to see that it be duly
administered, and for the courls Of law ia
enforce the penalties prescribed by it. Blu,
ih2.p rHc,I Il.
existing state Of things, something further
is required Tor he tells Congress" In
this new posture Of our relations with those
powers, the consideration of Congress will
property be turned 20 removal of doubts
which may occur in tie exposition, and OF
difficulties in the execution of the act"
This is a pretty plain intima,:oa that new
law, adapted to the occasion, has become
necessary that the courts, to whom the
" exposition" of the law appertains. will be
apt to entertain "doubts" Of the revival Of
the non-lnsefcourse against c. Britain by a
proclamation issued under such circua,
stances. and Of course that insuperablr
difficulties in the execution of it will arise.
On this point the SECRETARY of the treasury
Is still more explicit
lie Gays, 1t is important {" that the &C,
should be free CT Agal 4;fTcut,cs, and of
zUrH. founuea objections - pretty broad
hint that it will not be so, if suffered to
rest upon the Authority Of the proclamation.
he THIN goes on to explain these legal
difficulties" and well founded ohrctions''
BY saying g The law of the lst Nav. /
1910, has neither expressly defined the e.
diets, the revocation Of which is expected
nor made a s.ti;fcafi0n by the PRESIDENT the
fr'astaee and tie safe evidence ef tie fact.
II follows, that the decision OF the question .
itself, zOhether tie ron impoytqtion be actu. I.
ely IN force or not, will he lrss 20 the +;
courts" &c.
Here, than, is the rub. The presidents
proclamation was, a5 iais;o, illegal, and
could not, therefore, have the torcs Of re-.
v'v,ns the non Intercourse against Eae. I
LAID, and the courts will saw 40. L s,f
course, becomes necessary to iegis,ate a.
new upon the subiccr, 20 make law which,
will be valid aad binding agains, Great.
Britain and Kr,apt France from the one.
ration OF 1t. It wou!dc hr difficult fer "a
to hnd stronger arguments agains, the ie
gatity OF the presidents proceedings in tki, !
a2air, than are here furnished 60 our baud
tsosa the executive cabinet.