Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1816-01-27

, mad been made 10 exclude from il com
treaties, took it in the other way and e,
20 shew that if such an exception ha,
oeen made, it would h I'VE led to numcrabI,
eViis and difficulties, for it would have demon
| su.ted that no such power existed any whe,e.
rs 10 the objection which gentleman had
asset Una, the ,odgng Of the ant ,or ~ to ,rea,
''pout commerce, m he treaty making n ,wer
would uench on the ppwer of Congress. il was
no consequence, SINCE the legislative powers
v. Np.5'ess were SO vast, so ,nive |, and 50
A'ensiV, that 1T was not practicable 10 impa-l
1870, 10 si'y constitutional organ VIII CHI might
not DC said TO be III some degree an encroacb
i ,i upon 1T. The power of making peace cvi
uehty uenched upon IT; yet no one den ed IN: I
~ ought to ex ST. since il existed for the pubIic
cement. Suppose (said he) that, in order to
encourage exporta on, 4 bounty we enacted l,v
congress, upon that OF some comm vi tv, not be-
ing contraband of war. If in treaty, snbse.
i"entiy made With another nation, clause should
ne included extending the law of contrabSnd to
mat very coIn Modify; n xe the efT;c,cv of
Your laws would be con,ravened, and what Con.
Eress ,leesisiativciy encouraged q simple treaty.
would stop
L might go through whole list of cases. in
~hlcn theee must necessarily be, forever cor,
n'et between the merchandising power, and the
acts OF Congress but will not trespass on the
nohse, while The one iaye s-tcd IS sufficient
-
VINO Made war the law of congress, who EN-.
powered congress2 the constitution empowers coo
Sress To make war, and herein TO 10 the create {
nc "iost solemn and most tremendous act which
'""er can do an act which CHI nges he whole
state OF things nthe country, and brings liost,i,-
y i''o us very bosom Can YOU siew AN act og
scn Va'' ell c. as war and yet by the a,i nor ty
VI t'ie constitution, the President can, with
mere treaty ofpeace repeal that act, and in an
instant It vanishes, as Fly mag c. You have
power OF legislation extending Ia all things VIII Oh
Ca DC done without participation of foreign
power Yet yours IS net create than that of the
resident, but is of diffe ent nature Yu e.
< late ,ha war shall be made He enacts that
war snail cease, and VIII n BY the enactment wac
''S ceased, rs YOUR far neces AIRY to make il bes
% OF 10 SVe 1t vaiditY Certainly not. Is not
"iis example cinciusive, that you possess the
= et'eS' OF powers, to declare war, but that the
president controuis you by leg station in shape of
contract lfthls before the house, then, be not
treaty., L ask you what is it If !, be y treaty
YOUR ie.:lsiating can add nothing TO it's value. or
us validity The power of the Pres dent in re-
peel 10 trea y-making, is power not TO make
'nere proposals, or shaows or fragments, but TO
NO tia' winch ON the very instant that It q done.
IS The law OF the laad. Your fla. is no more n.
cessary to it than to bare treaty of peace It is
good and perfect 'rea'y without it,
III you deny the soundness of Ibis conclusion
'hen is The constitution an anomaly l. sets al, r,
certain portion Of the government and annnn
1t To make treaties, max ng no exception wb.,,e
yer OF commercial treat.es but ifthis be den,ed.
ana me right to makec numerical treaties hal,
ny remote influence be construed away from the
'reaty-nak'nts organ, the whole ,yill e., and th,
power OF treating, even for peace, will vanish a.
cong with it, ."
Mr.. PtHsney then endeavortd 20 convince a..
Iodsc, mat against ny posslbl abuse of Nh
treaty-InsSlng power the nation Possessed alum
dan' security, n the respons iblity of the senat,
and the restraint imposed by public opinion
me House ofRepTesentaiives were responsible
a'u a ieS'dert was sui more so, for The latter
could be mpeached AMI the former could mot =
But there was a no less powe full restra nj ,,po,
the President. lie had % lAv down his Office aE.
err certain period Of service, n ID 10 goback and
10 mingle with his teliow-cltlzens to be Affected
according TO hls deser 5, IN his fame and hs fell,
CITY, 10 be liked or lOathcd, 10 be re,pec ed n,
'ntemned, to 1--we with honor IN history, or 10 he
nf,mou, forever.
These Mr. Pinkney sad, ere awful restra .nts
Ana w'iat restraints (said hey IRE there ON Won
You too go back at thcesd of YOUR tern. no =
APPS with the hope of be g e-elec' ed and
dEapp)miment Of that hope is your gre ,test ,r.,
'shmeht. But there is the public OpIn on wh,ci.
every &c country acts as the most powerful II
~ re''ram's upon men in power In Great r. Il.
Am, Which Trough II c'mes nearer t. this gov
'rnmenl than any oiher IS FAR less subject 1o the
operation ofthat awful restraint, public on;nio~
IS eHectually felt. The K ny IS her;d,tsrv. the
lords are the same both are oft of the reach a.
&C penple's vo &c IN eier' ,on and even the ho,.a
nj Commons by means Of The rotten b,rouph, . 81
II somt degree absblved from d pende1ce ON the
people but even there, public opinion acts
".th certain success not by AN immediate fire.
h'lt by an indeftlgable rene val of ITS unsets =
And 1t thus, pubic opinio1 be so cmninote,,
there, what must II be her, where the NAG g
ir%;es whollr rely upon he people for TIER elc
gation to office. Is this 40 restraint Yes %
great one and it's lie very restrain % which
me trainers of The constitution looked with co,
'idence for tie pre.eI vation of the c,untr,J.
rights and free lOm confidence winch ,rns,
nd hrmly believe was not misplaced. But, #
shnIld ne otherwise and the chef magls,rst
';to1d abuse u pOwef so as 10 ncur nublic re-
probation, the law of impeachment, ur..ed o, n,
INC virtue OF The nation, would assurediy br,n,
him 10 Che punishment he deserved.
But there is n further RESTRAINT still Til.
President cannot act without the cJnc,irre,ce nj
hree tUurtlis of the Sena'e. What is y5Dy re,
possibility Your loss of re-eieeti m , ars al
The sena equally responsible Y,u rcn..se,
the people the, the ststest and tie e. ca,
deliberate upon tier de.er,s and & rect or me-.
lee them accordingly.
Here Nr. Pink,'ey said that though he had
variety OF Othcg tnpics TO ADVANCE nm arrune,,
he was so exhausted at he must stop.
Mr.. h'ndoiPh's speech IN reply VIII appesr
n our nextl fro