Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-02-06

| with the advice and consent Of the Senate,
must be followed by a legislative ratifica-
| ton, it is mere nouentity. 1t is good tor
! all purposes. or for none. And il it be
I nothing IN effect, il is mockery by which
| nobody would be bound. The President
| and Senate would not themselves be bound
| bv it--and the ratification would at last
| depend, not upon the W Ill Of the President
aad two thirds OF the Senate, but upon the
| viii OF bare majority of the two branches
| of the Legislature, subject 10 the qualified
\ legislative control of the President.
| Upon the power of the President and
| Senate, therefore, there can be no doubt.
/ The only question is as toths extent tit,
| or IL other words, as to the subject upon
| which IL NAV be exerted. The effect OF the
| power, when excrted within its lawful
| sphere, is beyond the reach controversy.
| The constitution has declared, t.at WHAT
snever amounts to treaty, made under
| the authority of the United States, shall
| Immediately be supreme law. It has con-
| tradistinguished treaty as law from an act
| of Congress as law. 1t has erected trea-
ties. so contradstinguished, into n binding
judicial rule. It has given them to our
courts ofjustice, in defining their jurisdic-
| ton, a s a portion of the Le1 Ie7Yae, which
they are to interpret and enforce. In
word, it has communicated to them, If rat
| fled by the department which it has spc-
cially provided for the making of them,
the rank Of law, or it has spoken without
meaning. And If it has elevated them
to that rank, it is idle 70 attempt to raise
them to it by ordinary legislation.
Upon the extent of the power, or the
subjects upon which it may act, there is
| as little room for controversy. The power
is to make treaties. The word treaties is
'io1ne'l geneTafsSinum, and will compre-
bend commercial! treaties, unless there be
a limit upon tidy which they are excluded.
1t is the ahhellatiUe, when will take in tie
whole species, if there be nothing to mar
row It's scope. There is no such limit
There is not syllable in the co1tesst of
the clause to restrict the natural import of
its phraseology. The poweris left to the
force OF the generic term, and is, there
fore, as wide as tre2ty-making power
can be. It embraces all the varieties of
treaties which it could be supposed this go
vernment could find it necessary or proper
to make, or it embraces none. It covers
the whole treaty making ground which
thus government could be expected to oc-
cupy, or not an inch of it.
1t is Just presumption, that it was de-
signed to be co-extensive with all the e1i-
gencies of our affairs. Usage sanctions
mat mption--eXpedienc does the.
same. The omission Of an exception to
the power, tbs omission of the designation
OF a mode by which a treaty, not intended
to be included within it, might otherwise
be made, confirms it. That a CONNER
clai treaty was, above all others, in the
contemplation OF the constitution. is mani
Test. The imme mortal practice Of Ru-
rope, and particularly of the nation from
winch We emisrated, the consonance Of
enlightened theory to that practice, prove
1t. 1t may BE- said, indeed, that at the
epoch of the birth of our constitution, the
necessity for power to make commercial
treaties was scarcely visible, for that cur
trade was then in It's infancy. 1t was Sc
but 1T was the infancy of another Hercules.
promising not indeed avictory over the IL
on OF Nemea, or the boar of Erymanthus,
but the peaceful conquest Of every sea
which could be subjected to the dominion
OF commercial enterprise. 1t was then as
apparent as it is now, that the destinics of
this great nation were irrevocabIy COM
merclal ; that the ocean would be viii
tened by cur sails, and the " ultima Thule"
of the world compelled to witness the
more than Phenician spirit and Intelligence
of our merchants.
With this glorious anticipation dawning
upon them--with this resplendent Aurora
gliding the prospect of the future nay,
with the risen orb of trade Illuminating the
vast horizon of American greatness, it can
not be supposed that the trainers of the
constitution did not look TO the time when
we should be called upon to make COM
mercial conventions. Ii needs not the aid
Of the imagination TO reject this dispara-
ging and monstrous supposition. Dulness,
itself, throwing aside the lcthargy of It's
character, and rising for passing mo-
ment to the rapture of enthusiasm, will
dsclaim il with indignation.
1t is said, however, that the constitution
has gwen to Congress the power to regd-
late commerce with foreign nations, and
that since it would be inconsistent with that
power. that the Presid mt, with the con
sent Of the S:nae, should do the same
thing, it follows, that this power Of Con-
gress is an exception out of the treaty ina
king power. Never we're preu ises, as it
appears 70 my understanding, less suited
to tie conclusion. The p ,weP OF Congress
to regulate our foreign trade, is power OF
municipal legislation, and was designed to
operate as far As. upon such a subject, mu.
nlCipal legislation can reach. Without
such II power, the government would be
wholly inadequate to the cHds for which Il
was instituted. power to regulate com
merce by treaty alone, would touch only
portion Of the subject. 4 wider and more
general power was therefore Indispensable,