Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-03-06
CONGRESS-.
IN SENATE.
~ L Il lie
Monday, Feb. %.


Mr.. King made the foil w ng report =
The conferees # the Senate have met
and conferred with those Of the House Of
Representatives Oh the subject of the dis
agreeing votes of the two Houses upon
the bnl entitled, =" An act concerning
the convention to regulate the commerce
between the Territories of tie United
States and his BritannIc maj sly" and re-
port
That the conferces of the House OF Re-
representatives. commenced the conference by
stating, that Of the treaties made in pur-
suance ofths constitution, while some might
not, others may require TIE enactment OF
laws to carry them into execution; and
considering the convention with ENGLAND az
treaty OF the lattcr iliGd, the Conf rees of
the House OF Representatives made the
following objections TO the b..l passed by
the Senate
1st. That by the addition of the word
declared" to the usual formula, instead Of
bill of positive enactment, it assumes the
form cf declaratory law.
81. That III bill is defective, because its
CO nmencement is uncertain.
81. That it is detective, because its du-
ration is uncertain.
4lh. That it is furthermore defective in
respect TO the equalization Of duties it be-
ing u Certain whether, for this purpose,
the native duties are to be raised, or the
alien duties abolished.
The cenferecs of the Senate did not
contest, but admitted The doctrine, that of
treaties made IN pursuance Of the Const-
futon, some may not, and others may call
for legislative provisions TO secure their
eXecu ion, which provision Congress, in all
such c,s-s, is bound TO MAKE. But they
did contend, that the convention under
consideration requires no such legislative
provisions, because it does no more than
suspend tie alien disability of British sub
jects in commercial affairs, in return for
the Ike suspension in favor Of American
citizens that such matter Of alien disa-
bility falls within tine peculiar province of
the treaty power 10 adjust that it cannot
be securely adjusted III any other way !;
and that treaty duly made, aid adjust
ing the same is conclusive, and by its
| own authority suspends or removes ante
| cedent laws that are contrary to its pro
VISIONS.
That even a declaratory law to this eff
| feet is matter of mere expectancy, adding
nothing to the efficacy OF the treaty, and
serving only to remove doubts wherever
| hey list
The conferees of the Senate therefore in
| sisted IN retaining the word a" declared -
in addition to the usual formula Of enact
ment, because it inparts to the bill
| passed by the Senate the character Cf a
! declar4tory law quail ty without viii II
any law won d in this Case, be inAdmissi
be.
A law that declares 20 be no force OF
! effect so much of all laws as are contrary
to the provisions Of the convention, re cog
hizes the existence and authority of that
convention the date and Limitations oi
which must ascertain the commencement
and duration Of the law, While its stipul l.
| tons place the people Of the two nations
| on footing Of commercial equality by the
abolition Of discriminating dut es OH both
SIDES.
Thus the bill passed by the Senat
does not a. p ar to be defective in the
| p ricuars referred to by the confer
ees of the House Of Representatives
! nevertheless as doubts we're expressed
on this subjcct, the conf rees Of the Sen
! ale prop sed certain anne Rdmenls for
the purpose Of removing these doubts, and
confirm the intentions ard meaning e the
bill.
The confcrees Of the Senate, therefore
recommend to thu Senate, 70 irs:s. on theil
disagreement to the amendments m de L
the bill by the House 81 Representative s
and to agree &C the following amendments
to the bill, which have heea mutually a
greed to by the copfeTess the t.o iou
ses