Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-01-30

Bring b.cS the quest on to the gentlemen
|and wait their answer. how, and in what
|ioann and degree, tbs convention is to
he affected BY the adoption o. rejection OF
,his bill VIII mhaence viii it have
upon he vai,dity bf a contract, thus made
All led. rat fed and exchanged p
That the SUBJ CT matter of tine treaty, is
within the treatymak'ug power, can
scarcely b. denied. Nothing is affected
by il, but the rate of duties e. be paid By
tie respective psrties, in their respective
ports; rs fair and usaal Z subject of natl
enal contracts, or treaties, rs can be ina
gined. IL the President and Senate, have
not power to make treaties of this kind,
their power is a mockery--a name with
out q substance; an authority with nothing
upon which it can ever act or DC eXercis-
ed.
It is contenled by the gentleman from
Georgia, that treaty which affects exist
ing laws noon a subject within the peculiar
power os Congress, cannot be carried inso
operation without the concurrent act OF
this hOuse---and, therefore, that inasmuch
rs the imposing or removing the duties is
given by the constitution expressly to
Congress, treaty cannot change a law
regulating duties, without the aid or con-
currsnce OF Congress in its ordinary mode
oflegislatioa. But his proposition is doubt
SIS much ton broad, as most gene al
proposti MS ars. What is more clearly,
decidedly, and exclusively in the power of
Congress, than the right OF declaring
war /? This must be done by law of
C,nsresS---ant can be done in NJ other
way. Yet this law of Congress made on
subject thus within its exclusive power,
nj " be repealed. and has been repealed
by treaty of pc Ce, made by the PreSi-
dent AMI Senate, in the manner prescribed
by the constitution, without any reference
CO the will or pleasure of this house, any
dependence on its authority, or any con
currence of its laws. The treaty Is duly
ma1e and rati6ed-peacc follows-the
war is termnated--the act OF Congress
declaring war, and all other acts in relati-
on to it repealed, without the least inter
ference Of tbs house, or its opinion upon
the subject being even asked or attended
to. A treaty must be considered, as it re-
ally is, compact or barg lin between two
plrties, which, once made ami CONF luded,
il the manner both have agreed to be
binding, is no longer in the power of CT
Their. If therefore, this convention has
received its ratification in the manner and
by the authority pres -ribed by our conSti-
tuition or form Of government, it is at this
moment valid AVID binding bargain be-
tween the two nations, and no longer right
fully in the power of either. If this con-
vention has not been so ratified, that is, if
it hes not been done in the proper manner
and BY the proper authority, 1t is neither
y Z eaty nor a contract, nor any thing
eise--and vet we find the President has
exchanged it with the other power, as Q
thing done and ratified in due form, and
with competent authority and we find he
h3 proclaimed it to he Amei lean people,
AMI 20 the world, as treaty made and
ratified, and rs the law of the land to be
hereafter observed and obeyed. Has the
President been premature in all this, and
exceeded the constitutional limits OF MS
authority1 Let it be remembered too,
, that the pablo PRONUNCIATION of this con
vsn.ion. as a thing done and concluded,
as a barEain made and ratified, as thu con
stitu ional law OF the iaud, was the first
knowledge or ntimation of its nature or
contents received 10y this house. 1t came
~ Us in the same manner and at the same
time it came tn every other citizen of the
United States. 1t was communicated to
the nate, Together with all the ceres
Donlence and documents relating TO it, in
s. cret--it was examined, discussed, and
dec,!ed npon by the Senate in secret the
q ors Of the chamber were closed upon US;
We ,aie.t have knocked, but SHOULD have
had no aamil.ance. Does this look like an
act requiring our confirmation Or aid, or
on what we are to be required 20 pass any
judgment? Call first upon the President
10 furn sin You with the nece ssary infornla-
tion-dem md of him TO send you the cor
rcsnondenceb tween The ministers on this
subject, which we are now to pass our
vote upon. All this he did tor the Senate
and if lac has over ookcd us, LIT US remind
him Of it before VIC proceed any further.
But can treaty anoul an act Of Con-
gress Can it repeal law? Why not
IF treaty be, as the constitution expressly
declares, a Law Of the land and a supreme
law, is there any thing strange or incon-
sS.eat IN its repeating another and a prior
law? But the prior law, say tn" gentle
men, was passed and enacted by the chfee
branches OF the government and this trea-
" has been made but by two-And what
of this, if the same authority, the
same c institution which gives the three
branches power to make law in
general cases, gives the two branches
power to make it ia this Case
II the constitution d, clares it to be the law,
it must have all the effect of law, by
whomsoever made. In the nature Of
things, there cannot exist at the same
time, under the same authority, two CON
Trajectory, Inconsistent laws, or rules of
acttol--oue or other must give way /; 10th
c mot be obeyed-andif if, in this case, the
trcaty has 20 constitutional supremacy over
an ordinary act of legislation, it at best
has tue admitted advantage Of being eari-