Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-03-11

10 the ratification Of treaty. how, lhen' "ao :
possible 10 say, that the clause empowering Son-
gress 10 admit new States was unsafe; anu i'c"' :,
that il should lie 50 construed as 10 make IL u
the procurement of territory in all cases, Tue eA
elusive prerosaiivc OF The merchandising po~cl
Ii Congress could not admit new STATES ~i',iou |,
encountering some obstacle in their way, ".ii.li
prevented the further action without treaty. 'heh
indeed they might Go il BY treaty. But III .nis
case, where was such an obstacle, ana why was
the inlerpoSilion Of the reaty-power requileui,I
II, indeed, Texas should refuse 10 aceePt .he
terms proposed in this joint resolution, ahu' ~
stead Of coming in as State, should prefer ~ 1n
ter the Union as territory, and not 10y leSisid-
lion OF any kind. then the irealy.making power
would apply because then the implication IN .he
Constitution would arisr but not I'LL then, lnai
treaty being necessary, the President must make
it, The Senate and President had no right 10 III,
terferc in the matter, if Congress could acl, dhu
chose 10 act. without them.
Again: The power to regulate ioreiSh co,li-
merce, for example, was given by Inc Consllu-
lion to Congress. Would any gentleman say,
in the teeth of this that the regulation OF ioie,S
commerce belonged TO the treaty power aiohe
| have tried 10 lay down the line "hicn se.'
tied the question when il did, and when II ala ho'
belong 10 The treaty power. When we haa COM
mcrce with a foreign nation which possessed ~
Legislature, then our arrangements win lha'
nation for regulating the commerce was pro-
per subject for the treaty power. Butit Inc nanon
did possess legislature, and was wiling 10 ar
range the commerce BY legislation, could mol we
do the same2 The Zoll Verein treaty was now
no sccrel the report on it had been published 10
the world and might therefore. without lmPro'
prietv, be spoken OF in this debate. why, he ASK
ed, had not that treaty been confirmed! because
il related TO matters which could be done by iegis
latiou. If the Zoll Verein had made the arrange.
ment by legislation, we could do the same, and
The treaty would not be needed. How was II as
to the colonial trade with England also? Thai
was branch of foreign commerce; and II Grea'
Britain would mol regulate il BY law, then resor,
must be had 10 the treaty power. But she mao
made law or ordinance on that subject, and The
whole colonial trade on our part was regulated by
law The gentleman might as well say that The
colonial regulations OF The United States and
Great Britain were null and void, as this resolu-
ton, because not in The form of treaty. Con-
gress were acting as much under al express grant
in passing this resolution as in regulating Inc
colonial trade.
Most OF our reciprocal commerce Win iofeiSn
rowers rests on 4 like legislative basis Congress
having, on two or three occasions, passed such
laws as lodspense with duties on tonnage, &c
on condition that other nations adopted similar
rules; and when they did, the fact has been made
public BY the PRESIDENT and thus BY Legislation
alone compact or arrangement with foreign
power as 10 foreign commerce has been complet,
ed By Congress. without the intervention OF any
lreaiy.-(Sce the acts of 3lsl May, 1880; 2il
MAY, 1923; 18th July, 1852; It'll February, 1921,
Ii would thus be SEEN that the lreaty-makins
power applied in case like this, of express gran
TO Congress- only in aid Of Congress, and when
Congress could not, or would moi, complete il:
action without a treaty. But as it may here
that power does not apply; nor does il apply
when country is conquered after declaration
of war BY Congress, and lis Government and PEG
pie without any treaty Of peace, are merged ant
governed BY an act of Congress- nor when an
other country is discovered, and our laws, by al
act OF Congress- without any treaty, are extended
ovei it, nor when country is coded 10 us BY
another by deed OF cession, rs has been dont
again and again; or BY a gift, like The Smilhsoni
an fund
All remember The cases Of cessions 10 Rome o
their dominions BY certain African princes anc
BY The King Of The Sandwich islands 10 England
within three years.
Having said enough on this point 10 make M
views Ineligible 10 the Senate, | hasten 10 som,
other arguments bearing on the constitutions
question.
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