Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-02-14


vice to the President rc$pe cling he same,
when, and under !. iji,eNcr circumstances,
Hey may Think such advice cAI5eCienI.
there Is ap ct.iiar jcalouS, manifest Il
II. the constitution concerning The poner
winch shall manage The foreign affairs.
aud make treaties with foreign nalioRs.
Hence the provision .,liicll requires TIE
consent OF tWO-ihirds of the se,.aiorS 4,
con,irin any compact with . foreign ma
lion thai shalt band The United States
thus putting it III the power al minority
ef Tie senators, or states, TO control the
President and majority Of the Senate
check on the executive power 10 be
found in no other ease.
TO make a treaty includes all the pro-
cee,ings by Which il j. made and the
advice ard consent OF thc Senate beng
necessary ~ the making oi treaties, must
necessarily be st, touching The measures
emplnyed III making Tie same. The co.,
stitutiOn does not say that treaties shalii,e
concluded, but that they shall be made.
by and with the advice and conseI, oi
The Senate; none, therefore, can be riadc
Without sucli advice and consent and
tie objections against the agency of file
Senate IN making treaties ~r IN advising
ihe President Ia make the same, cannot
be sustained, but by giving 10 the con
lis obvious and nest sallst;iry meaning.
To support the objection, this gloss
must be given TO the constitution, Z" that
The President shall make treaties, and hy.
and with Tie advice and consent ofthe
Senate ratitv The same" That This is. or
could have been intended 10 be the inter
prctalIon OF The constitution, ore obscl-
yalion viii diSprove. Ii HE president IA
lone has pow er 10 make ii treaty, and the
same he nadepursuant TO The pow ers and
distractions given 10 his minister, It's ra-
iihcaiiou follows rs Il maiier Of course,
and 10 refuse the same would he viola
ton of good faith; &c cali in, The SENATE In
deliberate, 10 advise and To consent 10 an
act which ii would be binding en- them TO
approve and ratiiy, will, ii is presumed.
be deemed too trivial Ia satisfy the extra
ordinary provisions OF the constitution That
has been cited. On the Whole, there APP
reariBy to he no sufficient impeachment in
the way OF the proposed enquiry, either
as II respects ITS eXpedicnct or the auiis5-
r'yoi the Senate, 10 institute the same. |
am III hopes that The molten Ia refer Tie
subject 10 committee viii prevail.
Mr.. LACOCK said, ille resolution be-
lore the senate contained tuo separate
an9 distinct propositions the first ~as,
the amendment Of the laws tliai prohibit
ed Tie Introduction of slaves into the Il.
States on this subject there existed 40
difference OF opiuion--ai agreed an end
should be put Ia this abominable traffic.
l the present statutory provisions were
MOI SO 'ornied as 10 effectiiils object, they
certainly required amendment and 20
objection could be made 10 tile enquiry,
as this was a legitimate subject oflegisla-
lion. But, said Mr.. l.. the other branch
of the enquiry is of very different clIarac-
ter; II proposes In enquire INTO the best
manner OF executing an article OF The
treaty of Client. The stipmlations of
This article are, that iie contracting par
ties, tie l.. States and q. Britain, should
use Their endeavors 10 put All end 10 / c
slave trade. Bat could this agreement
be carried into effect by law T? did i. iur-
nish subject OF legislation? Laws we're
made 10 operate OF the people Of Tie u.
States and within their jurisdiction, not
10 effect an arrangement with foreign co.
vernmenls. This could only be done bv
treaty, and surely, said MIR. L. the initia-
tory steps III making treaties should BE
ieit with the Executive. But il has been
urged by the gentlemen I'D favor Of this
propositions. that the Senate can act 90
this subject by virtue OF tile constitutional
power of this body 90 l:terpose their ;;ti-
vice and consent III making treaties. -.
This argument cannes avail them for If
we claim The power, and exercise IL, as
part Of Our executive duties, why * this
discussion, on the subject OF treaty, Had
with open doors Has This ever been lie
practice of The government 'Che miGis-
tiers of those governments who admit ard
carry Oh The slave made, are accredited
by our gOveTnment--are on The SPOT, for
augIt know, in The lobby or gallery,
while we are discussing The propfieiy Of
putting stop 10 iheii traffic III slaves.
That his branch of tie subject is imnro-
per for public discussion, is admitted bv
Tie gentleman from n. York, (Mr. KirpO
who has fold YOU lie ielt embarrassed Nv
fins public discussion; that lie is resi- ain
ed by his situation from maklug obScrvsti-
Ons that heoihcrv Use " ould feei al toriscd
to make. This concession on his part
should convince every one n az Tie pro
ceedlnGsare irregular. While Wp are thus
openly debating The subject, fer amght we
know, the President Is hs.oiiaing wi.h O.
tier powers 10 eiirctuate The object He
have in view. lie Is bound iy Tie cnpsti-
lotion 10 see The laws faithfully executed.
The treaty OF Chem las become lhe su-
preme law OF tie land, and it il unfair 10
presume that ibe President hss neglected
his duty. In short, said aig. L. II We ARE
anIions 10 have HIS subject pressed on
the Executive, LEI US close cur doors. as
IN other eases, and make call on him for
information ; 0e shall then he put M pos
session OF Tie facts Officially we Shall
know What Steps, If auy, have been taken,
IN concert with G. Britain, 10 PAT un end
TO traffic we all allior.
Tie qncstion was iiicu iakon or the r. o.