Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1816-02-10

WI 70 De remedied a mere direction TO the I
custom Gouse 10 conform the iIupost ON british |
tonnage TO the gate OF american vessels and car
gaes Such " the object, AN object which may
be obtained oy the provision OF a single para
graph ofthree lines; aud vet, sir, what IS the
form OF the bill before the House FOR This p,lr-
pose Itcontsins al the provisions OF the treaty
embooi Ell IN the form vi sn act OF Congress l.
It possible to mistake the object of the bill in
l'iis form, = form so much broader than tie pro.
'essed end To be attained than The evil 10 be re-
ineded II IS not sees, that he bin submits TO
Inc House the while terms, the entire merits OF
the treaty and Necessarily imposes OH The House
consideration OF the whoe scope and merits OF
the instrument, tie whole field of the negotiation
IN The same manner as fit were common sub.
ject OF legislation For ,h;sit is confidently sub
united, that no precedent will be found either
nj the memorable treaty with the same nation.
negotiated BY Mr. Jay or in any other act in
uie history OK the government. If an appro.
Pilation De required to carry into effect a
treaty; 1t direction to the custom house be
intended, why not give it and there stay your
hand Do not embody the treaty in an act of
congress for solemn precedent, Bearing 20 the
world the Conclusion that II is not the treaty but
an act OF Congress, that creates the law with To-
reign nations and fixes the measure ofobedience
II cannot be mistaken, he repeated, that the hin
| IN The form adopted. submits 10 this house. for
It's Judgment, the merits of the treaty; to an.
prove or d sapprove. to give or withhold assent
upon The exercise nj legitiEaie discretion .s nm
ordinary acts of Congress- to the treaty,s ,ro;Io,
| into effect Certainly the authors of this blI Dc
not present it to Congress, sitting as a parlia
nient OF Paris, to act humble ministerial mart
! to become mere Instrument of -epistrv No
SIR, suSh an appeal would degrade that bodv'
would destroy its attributes, and reduce IL from
the elevated station assigned to it by the const.
futon. The position of the honorable member
from Georgia (A1r. Forsyth) who reported ,ud
here defends the bill, the authorities he cites in
his support. all go to shew, that the treaty ;s
submitted by the bllto the discretion of Cor.
gress. That honorable gentleman cites for an.
thority, examples in the British Parl ament. of
treaties beng defeated, by the refusal ofihe Com.
mons 70 concur III the requisite acts TO Carry
them into effect founded on the ground OF disan
probation of the merits of the treaty. Mr.. Cold
7duea, that he deprecated the Influence of such
Examples upon the proceedings of government
founded on written constitution of distinct de-
partlnents and divided powers, and he should be
wanting to his duty, if lie did not enter his so.
icnn protest against the doctrine thus pressed
upon the House. For what, Sir, is to be the CON
sequence, but submission to the treaty-makne
power, and untooting the first principles of the
constitution The measure may not from the
unsteresting provisions ofthe treaty and general
acquieScence, produce immediate evil, and fol
that cause does not awaken alarm but the pre-
eedent in other times and under different cir
cumstances, cannot fail 10 produce consequences
most pernicous TO the peace and welfare of the
United States. Who does not discern the signs
OF the times, who is indifferent; TO what is pass
'nS betore his eye, rs not TO see which are the
weaker departments of the government, and
itom which encroachments are to be apprehend-
ed :
T" Treaties shall be the supreme lac Of the Ianl''
- the language OF the constitution. This Ian.
Suage is strong and emphatic, and how i; is TO be
s*'isiied by the construction or rule the adyo-
Gates OF the bill, has not been shewn. On the We.
nv lace o. this measure we perceive that the trea
~ can only become law when united and COM
bined with an act of Congress.
~ mas been denied, that the constitution makes
treaty, standing dsjrncti-ely and gyone the law
ofthe land. because the sentenc. inclndes vii,
treaties the constitution and acts Of Congress-.
ne terms are, +" this constitutions and the laws
81 the United States, which shall be made in pur
s1anee thereof; and all treaties made, or which
slaii be made, under the authority of the United
states, shall be the supreme law of the land - adj
u,ng, What resulted necessarily from the nro.
VISION, that state Judges should bebound thereby
ms provision presents three distinct and indie
peiuen' sources OF law, the constitution, acts of
constitutional ground, single and alone. una;deJ
os the other; treaty requiring no more The Aid
81 an act OF Congress 10 its validity, than an act of
Congress does that Of 4 treaty If in anv case
amy not nc present, an act Of Congress be
required IN execution Of treaty.. not 10 ;ts
ldity, the duty IS IMPERATIVE on Congress as m,,cj,
as IS The duty ofthe judiciary department 10 hear
ana i've Judgment on an act, and ofthe executive
70 Cause the sentence TO be executed.
IL has besr sa;l I,rs- =,
tTShla' .hr' BaSbouu) that Tie operation Of the
aDove provision s on the constitutions and Ia u,
OF the separate states" in making a tre,tv /. Law,
IN relation TO them but not so as TO tle ieg;gIs
tive ofCongress. lean perceive notbinp IN n.
constitution TO justify this partial ard stranpc
construction, and il is not little djficuIt ~ co,
ceye howa treaty can become law a. one nIsce
and not another how it can bind the states -.
Verally as law, and not The United States -,rbe
same honorable gentleman attempted 10 sustain
Tie authority u Congress to interfere rvtI com
mercial treaties, on tie provision in the const;tr
tioh winch gives to Congress the general opower
20 regulate ccmmerce-nsisting that this pow err
could not be inirnged or impaired by the treaty.
making powers.
If this be the constitution, we are door. indool
m the authority Of the President and Senate ON
the treaty department; for commerce ;s tbe
great field in the foreign relations of the govern
ment and at no remote period it may wei he
imagined, that field VIII be so occupied by ieo,,s
atlve regulation, TO leave little very I;file e.,
comtfrerCisl ireaty tooperae ,pon Ruf se tT,e
rule was applied by the honorable gentlemen The
legislative power many pelsede the stipulations
Of subsistng treaty on the subject, under the
power OF regulating commerce, because Il is
constitutional power, and not subject TO treaty
stpuations and altho' an act confrmatorv ~
naay ffcrsa hro