Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-07-31

kcc cosntry IF the treaties nte invalid now, they
were always 80: The right of Georgia to- i'm
provements OF the Cherokees too, is perfect as II
Is TO their vacant lands-there 10 no hiding place
half way. There Is no. middle gronnd4 which the
Executive can stand Il doubt if there was ever
meant 70 be any; for less than the whole would mot
reach the object to be attained. The principle set
cannot be arrested at any point short of tho total
prostration Of the treaties, and the unqualified power
IN the Executive 10 mould end fashion them, and to
annhate these. any other treaties, at his own will
and pleasure. He asks advice from any other de-
partment, and consuts coordinate branch of tho
Government. lie acknowledges no obligation TO,
submit such question to Congress, or even to the
Senate. His Harch IS onward to the direct accom-.
pishnieut of tho Executive will, as If the whole ac-
ton of the Government this subject was the ex-
elusive attribute of Executive power. It is this SIR
which has led TO all endorsements and brought
about the prescott disorderly condition OF the Gov
| eminent in this matter 1t is to support measures
and doctrines like these that appea have been made
on this occasion, to the friends Of State Rights.
think, that if they examine their principles carefully
we have reason to believe that they will be found
on the other side of the question:.
1t 10 well known, that the disposition of the treaty
making power was one of tho difficult points to
be settled IN the Convention of 1857. In Europe it
was IN the hauds of the Sovereign and liable to
the greatest abuse. II had been used there for per-
sonnl Objects and perverted to the most nisch,evous
designs OF ambition. The whole policy of many of
the European goverumen, had been seriously invol-
yea IN the exercise of this power, and il had led to
Indeed sir, many Of the caamities which they suffer
ed TOR century may be traced to the abuse of this
power In the hands of the Crown. 1t was in the
view OF this evil that under constitution it
considered unsafe to trust 1t to the Executive. In
Europe 1t was prerogative, but here was TO be lin
tied by the Constitution and subjected 10 the control
of the States in the Senate where their sovereignty
was equal 1t was political power which ser-
ousy Affected the general policy of the country
its relations with other nations as well as in its ope
ration on the prosperity of the States at home that
1t WINS considered unsafe to entrust il to ma
IJority OF the States, and the concurrence of two
thirds OF the Senators was therefore required For
this purpose the Senate is the council of States and
the treaties arc the acts of the States The Execu
tive IS little more in that respect, than the aren't or
organ OF the States, IN matters of negotiation He
may refuse to act at all, and shut the door of neuo
tatIon; or decline 10 submit hs preliminary arrange
ments to the Senate This was deemed to be quite
as much power as could be safely trusted to his dis
cretlon. HIS will or his opinion. however, was no
thing without their sanction. The treaties, there
fore, express the will of the States and not the ca
PRECIOUS Incnations the pleasure of the Executive
department They would have been the supreme
law OF the land under the Law of Nations, without
any express provisions in the constitution but that
sanction has been superadded that ther, should be
no question of their supremacy.
As they constitute the public law of the country,
the treaty mixing power was withheld from the Ex-
ecutlve because, under our Constitution, this was to
be government of law, and not of prero1a,ive md
especially not of Executive prerogative; for If his
VIII was to have the force of law, that was to a Ger
tam degree, despotism When the Executive md
the states have entered into treaty, the consttu
ton has Sttachedi its sanction it. and pven il all its
efficacy. Its validity rests upon that and its
force and operation is sustained by that When
once hxed and adopted as the law. of the land,
me Executive has no dispensing power. His own
duty Is plainly prescribed in the constitution =
The control of the States over his will has been con-
utlonaly inteposed to veryttle purpose trca.
are 70 taKe eHect or not or be suspended in their
NJ pIa
violation OF them by the other party They are cloth
ed with sanctty which entities them to higher
respect than our mere municipal regulations. There
are two parties them aud the public faith secures
their nvioahility. And yet it has been grayey d.
serted and attempted to be maintained that after the
States have entered into treaties the Executive NAV
revise their solemn acts that they may Judge over
the States and above the States that he NAV en,cr
tain an appeal from them to himself or his cebinet
that he may virtually abrogae their treaties by an
order, IN Council, and give the force of law to an
executive proclamation The treaties and the la of
nations constitute the public law of the Union Trev
deeply concern private right as well rs the political
reiations OF The country. If question should a.
rise between one of our citizens and the govern.
meDt, or foreign power would the judiciary re.
gard all DteTposion Of the executive mower which
PROGRESSED to exercise the right of impupnino
the integrity OF your trentesI The DOVER Sir
TO adjust and settle the conventional law of oil conn
tries' must exist somewhere in all governments II
IS vested herr in the States themselves and vybon
|
ers become Irreyocable You are denied the power
OF unseilng IT, or rcvokIng your oblgations at your
own pleasure Above allthings we have never irus-
STu Tue executive with that dangerous prerogatiye.
Inc Senate was vested with the power to determine
.he conventional law Of the Union because they are
the peculiar guardians and conservators, as well az
the representatives OF the States, in the exercise of
that function OF their sovereignty. Ia such matters
as 10 the exercse of this high political attribute
nlgnt ahect their citizens or their Jurisdictions
coutd De safely trusted no where else The indyid
uel states were denied this power, because that
might defeat the conventional law of tho whole
ihere IS nothing new or suggested now for the first
time, IN that operation Of treaties which TO some ex
tent affects and controls their domestic jurisdiction
and impairs, in some degree, what gentlemen have
SO onaclonsy hold to as the reserved rights Of the
states Every treaty Of limit must have that opera
non The treaty of 1888 abrogated all the Stat
laws which imPeded the recovery of British debts
Sna prompted the States from passing any in future
matter, except az the result Of the treaty making
power In the letter OF Mr. Jefferson to STr Ban1s
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