Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-01-27

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C0nsrlsS and vt, acc riding TO the doc
triDe now contended f1r, il may be cxer
ciSed 10y the Pres.dgn. and two-thirds of
the Senators who may ne present. without
tbs aid of Cong ess. Mark the difference.
Congress is composed OF Senate and
House OF Representatives the treaty ma
king power OF the PreSident, {. two-thifds
of tue Senators present take from Con-
Gress the regulation of commerce, and give
it 70 the treaty making power, and you
ent rely exclude from that important pow
er. all th,t branch %; the government, which
represents the people drs city ; can this
Const"u ton be correct? il il be, it must
be upol the principle, that one pavt OF the
Constitution alone is to be consulted, while
other parts Of the sane instrument are TO
be disrrgardSd for. take them together,
and If there be any m~aUi ; ia words. it
is--that as IN commerce, Congress shall
have power 10 regulate it: which cannot
be, if another branch OF the government,
have power ~ change that regulator, with
oat consulting or needing the 60 operation
OF that body.
5 c, sir, to VIII e consequences this doc
triAe win lead if the treaty-makiug power
may regulate commerce without the sane
tlon of Congress, then the same power
may declare war without the sanction of
Congress because the very sane consti-
tutua which gives Congress the one power,
gives them tie other and It they may he
deprived OF one, by parity of reason, they
msy be deprived OF the ether. And yet,
sir, ! believe no gentleman has met this
part of the argument by affirming, that the
natl N can be involved in war by treaty
they have seen that such doctrine would
carry them too far: that it won i go to the
extent of justIfyng treaty OF alliance
offensive C defensive, which might involve
Us in all the calamities of war, by entang-
hog us ia European contests when, it is
distinctly understood to have been the in
tentiOn Of the constitution that tnis nation
should never be involved in war, but by
tac voice of the immediate representatives
OF the people this is the great, the safs
guarantee, that war Will never be underta-
X n but for some great national object,
wien, and when only, the people will so
with thcir representatives.. But this doc
trne, it true, does not stop here il goes
10 th-r It will Justify treaty stipulation
t. supply 4 SUBS dy, and VIII thus VIOLA {
that part OF the constitution, which de-
clsres--that no money shall be drawn
from the Treasury, but by an approplia-
tion made by law Sir, it goes one step
further yet it would justify the subsidy
of WIFI h have just spoken, without Ii
imitation rs TO time; though the CONSTITUTE
or expressly declares, that even Congress
sh II rot make an appropriation for the
support of armies, for more than two
years.
Now, sir, the criterion by which to test
position, is TO trace it 10 It's consequent
ces if it leads directly to such, as even it,
author cannot defend, there is no principle
in logic clearer, than that such position,
though ut may be specious, is not sound.
l am persuaded that no member will so
the lcngsb of maintaining tn ostion which
/ h We been examining, in tie consequent
ces TO viii l have pursued it (; by this
rule, then, they must give UP the position
ITSELF.
Il seems to me to be shewn. then, that
although the grant of the treaty making
power is in wo Dis, not limited in them
selves, yet Just construction of the consti-
tuition a:fixes to It these two kinds OF linn
itatiin; first, that nothing can be done by
treaty, which the constitution declares
snail not be done secondly, that whcnev-.
trthe subject of treaty is one of the pow =
ers de.cg-ted 20 Congress, that then the
assent and co operation of Congress are
necessary to give it eh-ct. by passing law
in conformity with its stipulatons. And
this. sir, is the doctrine for which contend,
whilst as a member of the House Of Repre-
sentatiyes, ! disclaim all participation in
the negotiating and making 4 treaty.
I've member from Georgia has shewn,
by minute research into the practice OF
the government, that i, accorGs with the
construction for which have commended 1
Iely upon ibis. as strong additional proof
Ct the propIie'y of that construction.
A reftreLce has been made in the course
6 the argument to the practice under the
British constitution. / know, sir, that this
constitution j. in self SUI cession of pre-
ced nts l know thatthere are many pre-
dominant differences between the Brit sh
and American constitutions but there are
also some points of analogy and perhaps,
few stronger than that in the treaty max
s. power in each country, it is Conhded
10 the chief executive magistrate, with this
difference, that in the u. ). the Senate are
associated with the Pres dent. Notwl,h-
s,snding, however, the treaty making
mower IN q. Britain resides in the king, vet
Il sppears from the various instances cited
By the member from Geoi gia, to which
will add the treaty Of peace ofl783, between
th.t country aad the Us that ven in c.
Britain. tire treaty making power is so far
limited as to make it necessary TO lay trca.-
ties before parliament, and to ask tbeir aid
n fnakng appropfi ton for carrying them
into exr Gu ION but If this results in c.
Britain, from the power which the House
Of Commons, without any written cons titu-
tim. have cla med K S ablished, of holding
the purse rf the nation, the argument Ger
ie;,jv antilles with increased force here.