Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-05-02

clusion OF the treaty, ilh this ouly difference,
THAI, Instead OF being merged in, or weakened
by the treaty, they have acquired all the adj
ditional force which the Intervening time and
the isithleSsuesS OF Spain can commit nicate TO
them. Standing OH this position, lie should not
deem II necessary to Interfere with the trea-
ty-making power, IL a fixed perseveTiug pur-
pose had not been indicated by il, TO obtain
a revival of the treaty. Now he thought il "a
bad treaty. The interest OF the country, as il
appeared TO bin, toI babe It's renewal Being
gone, II was perfectly incompreheD>ible 10
Inn Why 20 mach suhcituds Was manifested to
restore II. Yet II Is chung to with the same
sort OF frantic affection with which the be-
reaved mother hugs her dead infant in the
vain hope of bringing il back TO life
Has the Hou-e oi Representatives Alright TO
express It's opinion upon the arrangement
made IN that treaty. The President by ask
Ing Congress 10 carry il into effect. has given
ns jurisdiction of the subject, If we had il not
before. We derive frem that circums stance
tho right TO consider, LIST il there he treaty /;
2diy u we ought 10 carry II into effect aud,
3liy II there be no treaty, whether it he ex-
Pedient 10 assert our rights, independent of
the treaty Ii will not be coniended that we
unrestricted TO that specific mode of redress
which Tie President intimatcd in his opening
message.
The irst resolution which he had presented.
asserted that the Constitution vests i'm the
Congress OF the L. States the pow r 10 diSpuse
OF the territory belonging TO them and that
no treaty, purpor,ing 10 ALLEVIATE aiy portion
thereof, Is valid, without the concurrence of
congress. Tie proposition which it. asserts
was, he thought, sufficiently maintained bv
barely reading the clause in the Constitution
on which II rests =" TheGonyress shut hare
power 10 dispose of, &c the territory or oiher
property belonging TO The U. States Ii was
lar from his wish TO renew at large a discus
SION ot the treaty making power. The Con-
slitniion OF the United States had not defined
me precise iimlis OF that power, because,
from tie nature Of il, they could net lie pre-.
sciloeu. IL appeared TO him, however, that no
safe American statehman would assign 10 n a
OounH ess scope. II presumed tor example
'h1tit Hou,d not be cOntended that IN 20
NFtNnent which was itself limited, there was
j tut Iiionary without limit. The irst great
!. une t0the power in question, he appreheud-
"a was, thai no treaty. could constitutional,
transcend the very objects aud purpo es OF
Tie government itself. lie thought, also, that
"h'reN"r mere were Specific grants of pow
TO congress, they limited and controlled, or,
would rather say modified The tXVrcise Of
Inc general grant OF the ueaty-making pow
t., upon the principle which WAS familiar To-
ever ore He did 1t iusis that the treaty.
max NJ power could nutact ulcn thesubieris
commit I'd 10 the charge of Congress lie
merely cont'nded that tie concurrence of
Congress IN ITS action upon those subjects
was necessary. Mr. would he insist that the
concurrence should pTecede that action IT
would be always must desirable that il should
prpc de u, 1t convenient, TO guard against the
commitment OF Congress OH the one hand, by
Tue Executive, or on the other, what might
lem TO bP violation of The faith of the Cuuu-
ny, pledged for the ratification of the treaty
BGt he wa erfectly aware that il would he
very often highly iucOmveneut 10 deliberate
III d pnuy so humeienS as Congress, on the va
lure OF those Terms on which IL might he pro
per 10 treat with foreign powers Ia the view
OF the SUBJECT which we had been taking
there waSa much higher degree of security
10 the Interests OF this country For, with ali
ms respect for the Pr, Sidpnt and Senate n
c0"lu hot dispfIagc the wisdum of their
Ounrlss, 10 add ~ ii that of this House also
"ht, II Tie roi. curTence of this House he nor
necessary IN the case asserted if there be no
restriction upon the pOwe he wa, considering
u hilght draw to itself and absorb the whole
on tne powers OF the government To contract
Alliances tn stIpulate for raising troous 10 he
employed III common war about 10 he WAY
20 10 e. AMI subsidies ; even TO introduce 10
reign troops within the bosom of the country
were not TntrSquPut instances ot ths exercise
OF this power and It in all such cases, the
sonor and faith OF the nation were committed
oN tue exclusive act of the Presidtpt aud Sc
haie, the melancholy duty alone nigh, be left
public.
The HOnse of Representatives has uniform
ly nIantaine itsrreht to deliberate npon those
treaties III which their co opri alton was ask ed
by me Executive III the first case that occur
't' III '"F pIpSItSh OI Ont government, that Of
TIE treaty, commonly called Mr. JAWS treaty
after General Washington refused TO cumnI
ulcate his instructions TO that Minister the
House asserted its right. By GO odd votes TO 30
ODD. liz The last case that occurred the Con-
veutlOh of 1875 with Great Britain aliIiouyI,i /.
PASSED III upon what is called compl omis.
tlH> House substantially obtained lis obiect :.
ior, ~ That Convention operated as "A reDPaI OF
the laws with which il was lncompatibIe the
act WHICH passed was altogether unnecessary
Imposing however, that no treaty which
undeildkts To dispOse OF the territory of thr
u. States is valid without the concurrence of
'ngreSS, ~ may be cOnteuded that such tr.a
g. may cOls,itutioualIy fix the limits of the
Ter tories ui ths u state. where they ar.
disputed without the co operation of CouTtess
tie admitted H. when TIL fixaton of The
UNITS simply was the object. As in the case
OF tue liver ~. CrOiX or The more recent
stipulation in tie treaty OF Client. or in thai
OF The treaty with Spain ct 1895. IL all thesr
cases, the treaty making pnwer merely redu.
res 10 certainty that which was before nm
asCertaiued il auHouuCes the fact: n uro
claims, in a tangible form, the existence of the
boundary. II does not make new boundary.
u asserts only where the old boundary was
BUN cannon. under color OF fixing bouuda-
~ previously existing though not IN fact
marked, undertake to code away without the
concur ence Of Congress, hole provinces Il
the subject be one OF d mixed character if n
consists partly OF CesSIop. aud partly of the
hN"Iiou OF d piioT limit, he commended that tie
president must come here fog the consent of
Congress Bur in The Florida treaty il was not
pretended trlf the object was simply decla>
ration OF whr' the western limit Of JOuisiaua
was 1t was, o. the contrary the case of an
avowed cessi0U Of terriiciy from The u. States
to Spain The Whole OF the correspondence
manifested that the respective parties 10 the
negotiation were not engaged so much in an
enquiry where the limit OF Louisiana tns, ~
mar they wete exchanging Over;ures as to
where il ShoRH he Hence we find various IL
miis proposed and discussed. At one time In.
Mississippi is proposed then the Missouri :;
then river diSchdrciuc itself into the Gull
east OF TIE Sabine. a vast desert is pIOpo,ed
To separate the territories of the twO powers
and finally the SABINE, which neither OF the par
rc. bad ever conterded was the ancient limit
OF louisiana. is adopted aud iie boundary Is
eEienotd from It's source by line perfectly
new and n rhiIfarA and tic irnnlu - -.