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


themselves, or requiring the assistance of the Law
Tor Their execution but when, like this. the,
carried within them the means of effectino- th,
purposes for which they were formed. the inter
terence OF the legislature was gratuitous and un
necessary. =
The question was, then, had the President the
power To make this treaty with what prcten
SONS did the treaty come i-Why, with all the
force OF Contract, not with promise to recon.
menu 10 congress the adoption Gifts provisions
one IN the perfect shape Of consumnate con.
tract ninumg upon the national hononr of Amer.
CA contract ratiiel by the President, and ac.
.oro'hS 70 tie terms prescribed By the consttu-
.ioh' Confirmed by three fourths of the Senate /:
not only that, bat by our executive ;nterchan,-etl
WIN the other.con,racting party and sent to the
pflust. government, not as "A covenant that ,vas
i'iPerlect ana wanted more to be done 20 IL but
rs a treaty, valid, binding, and compiete. And
what was The import OF this bill, but 10 shake and
" osie All tbBt had hitherio been done for 4,
assumed IS an hypothesis that there was no tre,
y a. al, that the exchange of Publications was
FnsHatare, and 1lat Inc instl umcnt WIS pr,,,oni ,
Ssecd as treaty, before it had OBJ i2,ned The Qua,
h'ies OF one, IN word that IT was not m cs .en
'ia' TACT treaty On what other hypothesis
Could tile. measure be- grounded i-ifit way
.re''y made according 10 the prescribed; form OF
VIC coiiIttution, 1t must be binding, and if bind
hiS-ahd being SO, what more could It be made
the bill could only operate as a Sanction TO the
treaty. " >"e
W.T. i'nEney asked, ii this instrument was not
= q treaty, by what name would they bapuse Il
Ii ohey hed II not TO be treaty,uDon the ,rr,,nde
mat nose who formed it were not vessel viii
power 4or inc purpose, then. Was Tie attempt to
make II a most alarming encroachment nm tho
constitution, and those who took man tber ~
make 1t, We're usurpers. But, agains, TINS he
wouio stand upon the broad grounds of the con
'IiVt'ioh, ana hrmiy MAINTAIN that any ,,,.u,,
whatever winch was fit TO be made nigh, en-
additionally, be made by the President. and ,ha;
"hen made by MIN, and ratified, with the cops.,,,
VI t"o ''l'roS of the Senate, nothing more was
necessary 60 give itPertest yaiidltv Md G,,ca
~ tiie words OF Tie constitution II was io-y nj
The land - "''' N'''
nu'' gentlemen had said that this was con
'iiei''"i aea'y' and, Is such, they had called m
quesNoh "heihSr tIe Presiden, Dossessed IN.
power 10 make IT. To dis, he would answer
mat The constitution impaired to the President
Po"er 70 maze GA treatIes-in the context of the
constitution, there was no limitation IN h,s no,yer
III that respect 10 be found. lie had The power
10 make al that were nj 10 be made or 10 make
ns"e' Inc power WAS universal and unlimited
from "hat provision Of the constitution WAS The
power OF making treaty of peace derived for
mere was no particular spec Ificauon IN il to t,t
effect. Why from the general power Of mukino,
ueaties II mast, therefore be taken for grained
that III the general pow err, the spec;Gc One To-,
maRi1g peace was involved and If me gene.
raj power involved that for m.kin.s neaca Yvn,,
misht 1t not involve that also tor re,euiatin;,
comuercei
MI. P!nk7ey then adverted to, and reasoned
upon, The intentions of the Convention of great and
WISE men VINO formed the constitution; and en-
oe;Woreo 10 sheW that 1t must have be- en- III their
'iem ~ hciuoe III the general power of treaty
a tn
wen US Il treaty OF peace. At the time the consti
luton was framed, commercial considerations
must rom the circumstance of the country, have
oeeh more lSeiy 10 occur to them as necessary
to be provided Tor with regard To ,c tiit Ire th,n
any Thing connected with war; plan for form.
ing commercial treaties, therefore would M
doubt nave been suggested as soon, and as ne
CeSs&riy' ~ one ior making treaties of peace
commercial treaties 100 had been for time imme
moral, tie usage ofeyery civilized nation. The
convention could not have neglected il, and
where was IL to be found IN the constitution nm.
less, ike tnAt tor making peace, involved n the
general treaty'mikmg power On rne other hand
II they did not intend that 1t should be so, tbev
would have made HPecial exception of the now.
er OF making commercial treaties; but no sue.
thing was done; or II II was gentlemen m,,i,,
point it CUT; at least they might assign n re..
son why that exception was not made Ift,e
PRESIDENT and Senate had not under the ,rea,,
making power, authority to treat with fore Su
nations about CONNIE! Gal affairs, be desired 40
be Informed who had in what branch was !, ala.
posiied Had the convention deyolyed ,t mon
Congress! NJ! but upon branch nec,l,ar,,
appointed for making treaties. If tins were mo,
llle case, and the convention had no, pL,cad lie
power IN the President, il had reduced die ~
Vefhhent TO this singular dilemma, tt,at ui,ey ne
yer could make peace but By usufpAt,on u C,
miSht negociale, It was true, but If the, id
more, ~ would ne by encroachmen, and usurps
ZION. III erect me construction OF tue bonora ;e
gentlemen, would prOduc the most ex .r;yapan,
anomaly imaginable IN tie Constitution. ,m1,rt.
lng 10 the President the tredty-mak,n:r pnyer
ont excepting rom Il the important treaties
commercial ones. Commerce according % that
construction must get on b. Itself In snort. Tin.
would be tie inevitable re ,ult, that hourii me
constitution pointed out where the treatv.,nsk ,,,.,
power should reside, 1t pointed out no power 90
treat about commerce.
Mr.. PiHtney said that the construction of the
constitution gwen yesterday By Mr.. Calhoun vas
IN SUBSTANCE correct, though he differed from
liim III some OF hls opinions. The power 10 re-
guidte commerce, upon winch gentlemen LA.
suchstress, AS aprero8atiye belonging exclusive.
y TO Congress; had for its object a different
department of regulations from those made b,,
treaty the former was the power to iec-lsate for
the ordinary domestic regulations of orr trade
the other to negotiate with foreign powers with
view 10 reciprocal benefits, and for the exten
son and moderation Of the commercial ,nte.
rests Oh the country What was the res,lt !,