Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-08-05
FOR THE ENQUIRER.
THE TURKISH TREATY

parry excitement, and when every co | sion amon get
the Republicans can ocy th.
prospect and diminish their hopes, our worthy SsDa.
,oos shoud have felt II their duty The con-
due OF The President, r-gsd to tie raanper Of ne
so'ia"ng ibe lrea'y with Tuikvy. Add the bar>h
terms induised, in character ling thst rsn.acion
on, 100 wen fa'eu's'ed 20 heighten tba, rsgre.
Toe occasion seiz.d tor The xplosop Of their
eoqrence, was go utterly unimporsnt itself and IL a
possible COOS. qu.neet flowing from il perfectly harm
les', hat The estnestness If manner aud warmth Of
expression manifested in their zeal to shield the Con-
sueion from Pfo'ansuop far trau.cendiog the
Tvs OF the case, seem TO have ihrtwD sort t rasi-
como air III Pieasantry the hole scene that was
muea more likely, une might suppose, 10 provoke q
smile, man create alarm Ia was, to borrow phrase
ders OF heaven to demo,h- gnaU
But to be serious, even sdDting that the courso
pursued was not exactly warrsn,ed by the Coniitu-
ton, and that II was right 10 IL, yet il was
practice that bad been followed by almo. eyery Pfe-
dent. db ur6e condia and had never been questioned,
Is believed now just respect for the feelings Of
'ahfui and meri'orous officer TO have been .u.
heen', one might hav, gineJ, to have shielded his
conduct ffom the 'evere rePosehsso upgracouy east
upon IT.
am aware that The claim OF he late Preside res
peetiug The Panama mission has been very generally
referred 10 az an analogous case But there certain
" wide difference between the employment OF Sc
cr"t Agent to negotiate IRE atty, which could bs ef-
eeed IN 40 ether ~sy' and the claim Of igh 10 orsi
nate public mission and appoint a public minister.
without the Intervention Of The Senate
But II does not follow necessary conseouenee
n'csose Oar worthy Senator'S have ssudgsd the Sec
re'a v guilty having advised, and the Preside nj Of
haVii usurpcd and exercised lawess ard unc opsti-
iuuona power, hat they sho lid have actually done go
That being fact dep, ndtg n,, SO much upon their
decision as upon just OF the Con itution
And II is believed thar true expedition OF that ins,,u.
mtn'' as Il actually is, and not we perhaps might
wish Ii to DO, Vil STOW that. far from being usur
patton OF la"less aud UNIONS ional power % has
been eharsed,it was simply the txetsis, OF power
enst'uiionsy vested in he P,esid Dt and there tore
Lot only lawful, but highly n.eesay and proper 20 be-
used in THE case ss wi hpul it,, here was no pos ibIs
way OF arriving al the object he lad rsvirs: An OBJ
jec conf iered OF DO -ual doubtful bens6 10 the
commercial and navigating Interests Of ths United
States, the opinion tie woby Senator from Norfolk
10 the contrary Notwithstanding.
The powers If the Pc n, being aI,es her deriva
i've, IL VIII De necessary, in order determiue with
srea'er cerisia'y what hsY are, revert to The ORR
sina Sa'es, TIE source rom W ich all H. powers of
the Federal Government prsng and anime into what
"s' 'hslr cond ion at he line Of entering into the
d-rai npic'. AMI what powers they seded bv tbat
compac, 10 ihs neral Government
Ii Will DO, be denied il pre- sumed that at The time
OF toe adoption OF the derai Consuiui,p the seve al
a,es were free, sovereign, aud independent States
And that as Such, they possessed de facfo and de lure
all rIghis and poW etS inherent ,aud
70 ife,' sovereign, and Ind pendent States IN genera
Dat ,hey pos,essed ,he right and power OF regulating
their internal affairs rslaions ha, thew could
coin money'ay and collect ases, dutes and ex-
she', declsrs war, make pc ce, negotiate aud make
srsa,es, regulate commesec with fFeien powers an.
Sf PS eSG do ana 's ss agents:
Snu every ,hrg 'bat Any oiber free sov-rsiyo and ir
aependen' Stale could lawfully aud righliuy do F.,
S"ousn nosi oil hose powers had been eejeJ IN ,hs
General G3vsfnH ent by tse old srticI,s Of no
ieue'a'oh YET, in passing from tie old 10 In. ,aw
,tip uis'o'uuon 0l'e u loo and re- sumption OF an
Ier sovereign powers, by ibe ates nu 4 have ,aL
place. Becauss T. only in The chsr,c,sr # ass
sosereigh aud independent S's,ts, hat thsv Womb
nd bscsn,s ~ enter mo sueh corr pact,
auu Veesu'e me can be DOUBT IL hoe 6 a es
wnlGu i,Je<'ei he prssspI constiu ion had no, afer
"Vno pave been regarded by the oiher States "a o
| 'e 6n 70 ~eTs aud treated accord pslv
! Inc beng conceded, il r,msips IN he d.,.n;,
l,,aI -, sy % nose rights cad powers re snnti-
$500, " &c 'oihp'ei, or what potion oi toe m were
"apsisfres by ~ 20 the General G. ron.s,, 20 -.
cue, ~ ~ Gn II Zone were snrihs'ed tsi an
such ~ shsl no iongertbs ieuad to re,ita VII r.
a'es individually, nlusi have p.ssed tv,ba n -, e
~ Oneo sac end hat 70 snfibilaii6u Of spv tigb,s
or powers did tek place, upon e. n ,uu,rs,,, 'b s
pao'' may ne justly INFERRED from the fac ha, sp,b
con eqnence was nee sry res !, q ,t s,i1S
o.9 nor, me Confederation thst 81 an,enJmcn, n,o
Viues MAJ tie enumera on in he eous,tut,n Of GER
tam right, hal nor b. cousrned 10 d.pv er ii usr
o,hrfs T. famed by the pool - ana be 10Th am,pG
IJni'ed S,,,e, ha' me row'rs not dtesaed % the
we ace, ore reserved 10 The aies fespecyeiy or
Without undertaking, however, 10 20 into o.,,,.,
examination OF all the p}wers c-ded bv Tho 49,,
The General Govern IL is deemed az fsien, g.,
t"'poss, u we can Sow ibat the power in question
mas ofen ran'ir'ed and, lei div an execu
I'VE powsr, has te-n ve,ted, Ia co nmon Win ,b oL
hSneu I've p'9 err, in III esideni ~
we could have wrhet indeed, ihat he car. ~ az.
uavs oe'n COZ bied 10 sblsr 4ndsaud /, /, onlv
| Ter having waited sometime o the vain hons ,bat
nr ",'s,pp' would be made by ote better oua.
ned, snc seeing hat qupaion OF such crave -.
sn:H, and THAI has given rise 10 go mueb .vss,ivP;
likely 30 be dropped wii5ou fu,Ib., otto 90
uutes''eu' IA, we have veriured upon the Ia K hmm
1'e az our prsensions are Of presenting The sub;c t.;
ne Pohs % view wh ch 10 bseved 10 be warranted bv
"a snd lmpifiisi copitrUeio Of tie conslilu,on
~ ,"e on ,eehon OF he la article, it is provided
""onk I'ntt mugs, hat "Ccfgrtts sssH have power
20 'eguit'e commerce with ioieigo rftons-to a.
! uhe ana punish Piracies ard fsloiies eonmtted On
pe hlgh seas, sod offences az sinst The law Of
ooeea,e war, grant letters Of ma ane and rsp,i.aI
""p "ese Fi!es concerning captures OH land & wate,-
70 P'o'ile aud tneiDain aravy" nd the IOh ss,t;oa
me same article provides thai 80 s. ate hail .nt,
1910 6Dy 'feaiy alliance or cODedtr.fjof. 60, l,s
e enc reprisai = No State u !. vi bout the
sol sent OF Congress, lay any duty on ienna,e 80.
] lolpo' or 'hps OF war 10 tine Of pssce eoier IN
70. any agreement or compact wi N IN ,be, q 80 -.
vi Tore gu , at, cr engage In war mi. 81, .s,,s
or IN such imminent daDger4. " M not ADM, ~
oe'Ay ana me 1T clause Of The IL et,on ( ,bs al
afueIe' Pro,ideS mat "the ESscnnve power sbau he
vested ~ President Of lhe Uni 81 Sizes of AmssI
He then IL complete livery aDd ,eizen Of all ms.
G over ioresn relations to the GsLereI toye,np.n,
ono as oil executive powers are -ssfsd Nv a.. sh'
Ssue' 10 INC President, lie 10 cessflgv $780,.
h nose powers strictly i've over fersisn 80.
uons, winch The Individual States tri. inaI HID n
Seuse 10 pssibg the transfer a~e re- etvd. Ana
oeeu'e general grant n power vi hout mi All, n n,
'esileoo u grant Of all power res ding in ,b s,s,s
Ut so iar az re acs 70 The kind OF power g,s,fsd
bui MO power 81 appointing I'll kinds Of fofeign rtn
,'ers and agents, public and D. saie Tor ssct.H H. a.
cIuoed IN the ec0sral power over forssn rsI,in..
formerly held by the Slaes and The fei0re nm, 49,
Ecu transferred ny Tue deed Of Coinpeci 10 the Iosd
e'a'ts' sna peog executive powers, us, have b.sn
$3.50 ~ ING ooIVe clause Ia The Pr sidcbt Ard 49,
s oeen 20 mustered, and vese his fiebt 10 aono;,,
bic. :" W quss'ioDs-