Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-01-30

Congress consents; and il Congress cannot enter
into lheln they are not 10 be exercised a, all. II
Congress can, then Congress has power enough
in all conscience 10 do every thing which may be
done BY TREATY. Within the scope of The power
10 make alliances or c0nfcdcr0ti0ns, agreements or
compaeis. wha, is there that may not be done by
COnn1ess, affecting our relations with Foreign ma
tonsl Suppose that, in 1872, our sole complaint
against Great Britain had been her celebrated
"Onfcrs IN CauncH," (Which SO deprecated upon
our commerce, ard did in fact precipitate the war
of that year )-ihat our Government had remon-
s,ra;ed 10 her repeatedly and in vain-had me.
naced her with 1rar with no better succesS-and
that, at last, Congress had declared war-and IN
serted clause in the declaration, that whenever
The British Cabinet shall rescind its "Orders IN
Council" that Congress will revoke its declara-
ton of war Would not Congress have had pow
or to insert such clausel There cannot be
doubt OF it, Could il not revoke that declaration
on RECESSION of the "Ordcrs," Why, il is sure
thai il might Well suppose Great Britain takes
Congress at It's word and the RECESSION ensues, and
the revocation follows tin other words, Congress
RrPEaLs the act declaring war Thus IS The war
al an end-and Congress, who made the raf, has
made the pcaes-each nation having conflded IN
the WORD of the other-and that woTd was 1ted-
~, or an agreement, or eompacf, no matter which,
il is enough that PEACE Is made without The %pd-
rate intervention OF the President and Ssn6f:.-
Ay, Sr> ay-it's past dispute, that CONGRESS mas
MADE THE PEACE The case stated is htpoittSi,
the case now 10 he stated is fad.
On the 22d Of December, 1907, the first Embar-
90 Law passed On The 22d April, 1905, Cans
gress passed an act aulhorsing the President TO
suspend its operation in certain contingencies, as
follows:
GPe il enacted &c.-That in The event OF such
peace or suspension OF hosiities between the bel
igerenl powers OF Europe, of such changes IN
their measures affecting neutral commerce, as
may render that of The United States sufficiently
safe in the judgement of,he President ofthe United
States, he IS hsreby andOri-ed d,ing The recess o.
Congress, 10 suspend in arhole part the act lay
ne an Em5arso on all ships and rcSscls, IN me P"rt
and harbGs Of tie United States, and INC @re'at
acts supplementary Mcreto, nndcr Snfh rfceP'ions
and restrictions, and on such bond and HcHrliy6c-
ing gircn, as he pub,ic interests and circumstances
Of The case m6y require" &c.
Now il is very manifest, that this amounted 10
an authority 10 make a proposal 10 The British
Governments, and TO execute with her a bar@ain,
agreement or compact, (call il which you will and
hence that facceded 10, il would have been effect
ed By idw NJ Congress, and without The separate
action OF the President and Senate, though I'M
doubleday tmight also have been effected by
Treaty. Well, Mr.. Jefferson also considered Ibis
as proposal 10 be made 10 the British Govern
ment, and accordingly he transmits copy OF II
10 Mr.. William Pinckney, our minister al that
court who in letter of the i;h of August 1905 10
MI. Madison, Secretary OF Staie) detailing Sc
vcra interviews he had had with Mr.. Canning,
saws:
''In the interview Of the Goth OF June soon
found it necessary to throw ont an limitation,
tl1tf h,.f 'nnfr
10 suspend the Embargo Act and lis supplements,
rouid BE- erercised as rcgardcd GREAT Britain II
their of4crS Tcrc repeated as regarded The United
.Saics"
Mr. Jefferson also, in his last annual message
November Slh, 1908 thus refers to what lie had
done:
"That no means might be omitted TO produce
this sautary effect lost no time in ayailing nv
self Of the act authorizing suspension in whole
or in part, of the several Embargo Laws Our
Ministers al LmdOn anil ParS ircTc instructed
10 explain 10 The Tcspcctirc governments there, ou7
disposition 10 c1ereise TIC Guth0iiHtn such mannfr
as mouid wtdd,0w tie protects on wtici tie aGdREs-
sloxs rere originality fuuded,' &c. "To Great,
Britain, whose power on the ocean is so ascen-
dani it was deemed not inconsistent with tha. con-
dion, 10 state ,fpitciHy that on bet rcScindiag her
Ordc,E IN ytiaiton IL tic LAiic Stats, thar trade
moatI Ic opsacd ritz hr, md remain SIN! 10 Ter
cnea,v IN casc al his future 10 rceiAd his De0ces
Gls0.'
Had this propos0l been occepi,d il would have
constituted an ayr cnient or compact with foreign
nation, past all doubt-and it would have bound
both parties, and 10 such an extent, that breach
OF il by either, would have tecn Just cansc OF
war; and Yet all would have been accomplished
by simple act Of Congress, signed by the Presi
dent, and executed by him.
II this then were a py0posdi for conipaci, and
is TO be regarded as within the competency Of Con-
sress, the statute books present similar pyoyO-
sals almost without cumberland | may have &C.
cason 10 refer 10 several Of them hereafter.
In another paragraph | suppose The case of
nrsotiaiioaS and @clccv, &c, not being needed;
and therefore moi demanding through any neces-
siiy or convenience, the exercise OF the peculiar
functions pertaining 10 the modes Of making asd-
lies. Texas az this moment presents that very
ease Rigliluy or wIongiully-(,rtni, ! Feed
not sav)--lhc fact lha, both the L. States ami
Texas desire union-s otlec;s and lis terms
has long stree been 'blown" 10 all the world
ard there is not single object ci Tor diploma
cy 10 achieve. bless We are commanded t.
effect the junction by Treaty, and III no O'hr wGv
every consideration urges Us 10 accomplish il b.
an act Of Congress- It is in itself The most pop
uar mode-and when done, is a far Mster eri-
Treaty: and yet the friends OF Tie measure are
charged with GLIDING Mat m0de Of dMHcra.ion
which would afford The highest and mos, salts
factory OF all proofs OF the pablo >anclior--lo
wit: suByEcTISG IT 70 THE TEST OF A Two-THIRDs
vorg ~ THE SESArg. Very well-put it TO the
pTooi-iur II Is nv sentiment and my creed, that
in Tree Governments The popular will should ever
have controlling influence upon national admin
sira!ions, in laws, treaties, conracls and all else.
and oicoursc that the most efficient means OF asccr
tanning Mai, and securing lai and promoting the
best interests ofthe country is he best. If this
were not So why Should not the same preference
be bestowed on the superior efficacy of the Sc
nate for those high objects IN all 0iier matters, in
The making of lars, as well as in the making of
trcotes-and thai being established why moi cut
away from the Constitution, by 4 single c1cision,
the whole House OF Representatives as bui a cost
ly, cnmbrous and p!ofesS cxcrescencc? Give
us the smples, ard The cheapest Government, "a?
|, provided il establishes and secures 'ihe great
est interests OF the greatest number" and whose
action al the same time impalts and imports the
highest satisfaction o. The people But, ah, sls
il is not So il is not 50, and when the power thus
claimed 10 belong erclusirtiv to the Senate, is
once brought 10 The test CT scrutiny and analysis,
and the workings Of the system are made faiS;-
liar and practical, Tie wonder will he, not that
INC resilient anu tWO-tnlluS Ut Inc senate were
not invested with the raoic lo,c-mal1ne power, b;
that they should have lccn invested with anv and
10 The ct>l9jon, as is said oflhe House Of ReIIe-
senta;iveS. Without molc ado then, lei Us SEE
how it works.
ANNEXATIn. NJ TREATY
In a fail Senate Of 81, the ratitying power
Of lwo-thirds is, of course vested in 81
In the same, a majority OIL the whole is 21
Hence, after all tie difference between a
ratification by two-lhirds and By majority
is only S
In bare quorum Of the Senate, which con-
sists of a majority OF the whole, we have
27 prcant-two-thrds of these are com;etent
TO ra,ify, and they sum up but Is
Urder like circumstances, a majority Of
that quorum (27) would be II
Thus, in tina, conjuncture, the difference
between two.lhirds and majority is only 4
Let US now sec how il may operate in the Sc