Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-03-07
.gS.gRCzg q, 1885

congress has tic po,ccr in all cases. prevent the
ecrtion OF treaty requiring appropriation of money
and II would have Alright to exercise that power in any
efHee case IN which the treaty making authority had
SO abused ITS trust to impose the other branches
oi inc Government the painful necessity of refusing
execute compact cOnstitutionaly entered into with
foreign Power. But this right "a high conservative
right To be applied when fragrant evils require extreme
ic'dies)is not confined to check the treaty
ing power by the two Houses Of Congress- AS le-
gsiatiVe act can be consumniacd without the concur
renee OF both Houses either House possesses the same
power and IN an extreme case the same right not only
ue treaty making power, but to arrest the whole
action OF the Government. Thus also in France the
Ming Is commandern- chief by land and sea- and has the
soe P1wero declaring war-a power which has been
creased by his present majesty. 1t would result,
rom me doctrine of the necessary cooperation of the
Chambers in all executive acts DRAWING aftpr them an
appropriation, that declaration of war and move
ent OF troops, would not be lawful land if not lawful
.heh necessarily predatory and pratcaD till the Cham
oers had voted the expenses of the campaign The
dersgned cannot but regard singular paradox to
admit that the King of the French the sole right to
declare war against half the Powers of Europe "a right
whch some OF those most opposed in France the Amos
can treaty have loudly urged him cxereisc) to put
IN motion every soldier and every ship of war; in the
rech service, and involve the kingdom in expense
OF thousand million of dollars but that he has no power
Tor TIE sake OF preserving hc relations of good intel
gence and sincere friendship which unite the two conn
tries TO enter into contract with the United States
Tor The payment of twenty five millions of francs in
compensation for spo!iations committed their COM
merce.
The undersigned, of course are not ignorant that in
the early history of the Constitution of the u States the
a Dr.
unary control over the treaty making power became
controvered question that in time of violent excite
ment the right was maintained by political party OPP
posed 10 the Administration of General WASHINGTON.
and That IT was denied by that ustrious man. and those
who sustained his Administration But the UNDERSIGNED
believe that the people of the United States have GENE
rally, settled down upon the construction then given by
President ashingon to the Constitution They fully ac-
cord with the opinions entertained by the present Execu
tive and our Minister in France expressed in the letter
OF Mr. Livingston 20 the Duke dc Broglie of Oct 1888
that treaty made and ratified by the constitutional
power pledges the faith of the nation the performance
OF its conditions and that the power possessed by the e
gsatiye TO check the treaty making branch of the Go
yernment, only he lawfully exercised in extreme
cases IL Is plain that such power limited its an
pcaon cannot without the prostraon of all the pn-
clples OF constitutional government be converted into
one Of The ordinary functions of the political system
Great practical inconvenience Injustice and evil would
result from the attempt throw the NEGOTIATION of
treaties INTO large delbera;ive bodies where the other
party to the compact would have no representative
III Is course OF procedure encountered with difficult
ty, essentially inv.dious and unfair, and which, if
attempted to be brought into ordinary USE would go
lGf TO render the negotiation of treaties a political
chimcra When is there to be end of such nepotia
ton, with the Atlantic Ocean between the parties The
French Chambers propose to cut down the sum TO three
millions: The American Congress may think il should
be raised to ten Is it not plain that treaty could
be concluded under these embarrassments: Or is il
meant in France, that while the United States bound
by the hye millions as maximum they may reopen the
negotiation 10y an ca Pare procedure in their Chambers
to reduce IL As much lower they please?
But granting 20 the majority OF the French Chambers
(wha Tor the reasons stated the undersigned can ne yer
ADMIT that the faith of France is not i7rerocabI Iedge
To the United States ior faithful execution oc h;s
4eay, 1t viii not surely be denied that tie faith of that
country 10 at least Go|I0USyy c0mllIIed Bv her
constitutional charter she has RECOGNISED sovcro;oa
as ''the supreme head of the State seated upon n
throne Tor life, to be transmitted his successors
In tins high iunctionary whose person is declared by
the charter TO be involab!e and sacred the treaty.
making power Is vested 10 discredit treaty du-
ly made and ratified by him. is to afIix n s,io,1, on
inc permanent head of the Government and while by
KIND oil Inockery his person declare TO ajnt
ms honor We are Informed by Mr. Livingston that in
assuring him that the treaty should he fulfilled the KING
added, Il tell you this only n king but as an i'm
divdual whose promise will bs fulfilled" In the United
States, the President and Senate who should NEGOTIATE
treaty so Objectionable that the House of Rcpre.
sentatves would refuse to- execute it, would probo-
| bly, be removed from their tuSt at the nexf alec
tons, and might be impeached. But SO long as the
Chambers refuse to carry into effect treaty negotiated
De he hlng, who can neither be removed hy cleo
| ton, nor proceeded against by impeachment thew
hold up their sovereign to the world as a filnetioDa
ry whose contracts VIII not be fulfilled whose en0aOe-
mcnis will not be respected by his subjects whose
iui powers give no power, and who when he
and signs a treaty, concludes NOTHING; ara signs No.
oil parchment, which the Chamber Of Deputies are com,
petent to trampc under foot despite Of his Maicsv q
name IN ITS capuon and the great France affixed
to It's folds lfhc Chambers declare it not bndng bo
declare IL nullsy not to say mockcry. Would it be
grateful spectacle them 10 have it treated as mi
lty, or mockery in the bureau of the State Dcpar
incht OF washington: to see this solemn document of
the highest class known to the L. nations stoned b
the minister of the King of the French in virte of FIJI
powers, " IN good and due FORM and fortified bv the
rubbish ''''' Inclusive
There are hundreds of individuals in America reduced
some to narrow means, others To- absolute povcrtv b,
the lawcss acts of the French Government and whoee
hopes and prospects in life were rosuscated whom to
word OF the King of the French passed that tbe
property should be restored TO them What will be fe
feelings, when they find Of fBd they musD that line
word ofthc King of the French 10 avail them nofb;I
and that The Legislature of France is willing at period
Of bOascd light aud civilization TO sanction The
pied infractons of public law and riri Inv ,yb;b
their property, twenty-five ysaEs ago. swept from
the Ocean?
But the undersigned have done violence 10 their fool
ihgs m sipposng for the sake Of argument even the
possibility OF state OF things painful and unnatural
Their object has been merely to illustrate that pccI,r
necessity Of tenderness to the engagements of the
reign, resulting from monarchical form Of Government
with which any supposed right on the part OF the Cham
bers to annul treaty. should be- exercised
But 10 clear c question of all conceivable cInba
ments, the undersigned wll admit (ofcoursc mere
~ for The sake OF argumcn that the Chambers have not
merely the power but the full RIGHT 10 annul the tcoV
and That they could do Vt without committing the honor
OF t1e hng These admissions would brnp fltc aues-
ton down to one OF mere policy; md thc UNDERSIGNED
cheeuu!y undertake TO show that il is decidedly for the
interest Of France that The Chambers should provide
Tor the execution Of the treaty II is udyanfa oeos
treaty to France Iii for her interest execute T. l
saying this the undersigned 30 not mean 10 asscrt io
THIS is not an advantageous treaty for the United States
although they deem 10 vastly more advantageous 10
France than II is 10 the United Ssatcs Boz n b oJyan
it was admittedin the French Chamber bv those on,
posed u the treaty, that considerable sum Of money
was due on account Oi the claims There was rener6
Willingness TO admit that this just debt amounted at least
to the sum at which 10 rated by the Emperor Napo-
leon in 1914 viz: at from thirteen 10 eighteen millions Of
amount nov 90 more than the indemnity provided lao
the trcay And Vduc then. DO b. due with interest now