Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-02-06

Britain as suspended BY the act OF Congress above
mentioned, and an act laying an Embargo on all
ships and vessels, in The ports and harbors OF the
United States, and the several acts supplementary
thereto may 7enc,ecd"
Afterwards, indeed, the new British Minister,
F. J. Jackson, brought the extraordinary .idinss,
that the British King had disavowed the compact
SO made by his Minister Plenipotentiary, which
greatly exasperated this country, and would have
fully justified war; however, no immediate un-
pleasant consequences ensned except that MIR.
Madison recalled his proclamation, and soon al tier
passed an act of "n0n-inttreonrss" against Mr..
Jackson, for some OF his discourleous and atiron-
tive impertinences.
There was variety of similar acts passed
thus aulhorsing The President, during The recess
of Congress, 10 enter into c0mPatts with foreign
Governments, and carry them into effect with
out consultation with either Congress or the Sc
nate. can do little more than make references
10 few of them.
II will be recOlIected with what unspariDg Sc
verify and violence the Federaists OF the olden
time assailed Mr.. Jefferson for what was alleged
to be the unconstitutional exercise of power, dur
ing his administration in the passage OF the en-
barge and non-intercoursc acts; and, strange as
il may seem, these very Federalis,s passed an
act in General Washington's administration, con-
FERRIEG THE VERY POWER UPON HIN WHICH THEY
DENIED TO CoNGREss IN Mn. JEFFRRsoN's TIME !!
The oct is entitled San Act 10 authorize the Pycsi-
dent Of TIC United States 10 lay, regulate and re-
roke enlbarg0es-.ippored June a, 1904" It pro-
vides-
"That the President OF the United States be,
and he is hereby autt0r,-ed and cmpo,-e,cd,
,chenerey, his opinion The pilbic SAFETY shall 50
require, 10 ioy an embargo on all SHIPS and res~is
in tho ports ellie United States; OF upon he ships
and resseis Of lie United States, or tie ships and
reals Of any foreign natio, nnder such regulations
as The circumstances If Tie case mov require, md
think proper" Ofcourse, under such regulations
he was empowered 10 make such eomFaets as
might provide for the revocation OF the same
So during the administration OF the elder
Adams. an act was passed. entitled Gan Act 10
suspend the commercial intercourse between the
United States and France, and the dependencies
thereoi-approved, June l3, 1893" The 9Th Sec
ton OF said act authorized the President 10 sus-
pend, on certain terms, &C.. such compact, &c.
So, Of the act Of 2Sh February, 1906, entitled
an "Act 10 suspend the commercial intercourse
between the u. States and certain ports OF the
| Island ofSt. Domingo" The 9th section au;ho-
rized the President 10 suspend it, &c, On certain
terms, &c.
So Of The act of 10Th December, 1906, which
was passed TO suspend tie act entitled ian act 10
prohibit the importation OF certain goods, wares
and merchandise" &c. The President was au-
thorZed 10 suspend &c, on certain terms &c.
So OF The act Of May |, 1910, prohibiting the
entry of British or French armed vessels into the
ports OF the United States. The 4ih section au-
ihorized the President to suspend, &c.
So OF The act OF ID March, 1911, the ID section
of which provided, that in case Great Britain
shall so revoke and modify her edicts, &C., the
President Of the United States shall declare the
tact By proclamation, which shall be admitted as
sole evidence of the fact Of revocation or modii-
cation in any suit, &c, and from the date of the
proclamation the restrictions shall cease, &c.
So OF the act OF the l7ih December, 1913, (9ur-
ing the rar,) entitled an "act laying an embargo
on all ships and vessels in the ports and harbors
of the United States the Goth section authorized
the President 10 suspend il, &c. on certain terms
| So during MIR. Monroe's Administration, un-
der various acts Of Congress authorizing the Pre-
si,lent TO suspend their operations upon certain
terms, &c. A number Of his proclamalions attest,
that certain foreign nations agreed 10 such ierms
and, Of course, such proclamatons evidenced the
compact which had been made thus:
His proclamation Of the 23Id April, 1918, ex-
empting Nova Scotia, from the operation Of The
relalidlory act of Congress, concerning The i'm
oGcial notice being sent to this Government that
the act OF Nova Scotia was repealed, &c.
So his proclamation of the 4lh OF July 1918,
exemp,ng New Brunswick on the same grounds
&c
So his proclamation Of the 9th Of July, ac-
tually repeating M toms, the act OF Congress Of
Bird November, 1915, imposing discriminating
duties so far as the same extended TO the Free
and Hanseatic City OF Bremen-because that
city had made known TO the United States, that
il had abolished such duties, $50 far as they ope-
rated 10 the disadvantage Of The U. States"
So his proclamation Of Isl of August, 1918,
for like reasons excmplins the city OF Hamburg
from the operation of that law, and also his pro-
clamation OF the 9TH of August, 1920, for like
reasons exempiing the city OF Lubbock. &c.
Thus have cast rapid olanccs through the
first five administrations OF this Government, and
surely the instances | have CLEANED lherclrom
OF proposals By Congress 10 enter into compacis
with foreign nations, coupled with the instances
of conpacis actually made under similar propo-
sails, are enough 10 make skepticiSm itself yield
up It's doubts 50 far as long established and I'M
varying practice can be received as authoritative,
or available in fixing the Interpretation OF assert
ed power.
But we know that besides such as these
there are compacs without number, that are
the offspring of emergencies often, vet bearing
the sanction Of usage always. which are out of
the range and scope Of the jurisdiction Of the
Trealy-making power. Such are all those com
pacts which spring out OF the exgencies OF war.
"A city is besieSed, It's supple are cut OF, ammu
milton nearly exhausted famine raging, disease
dcpopulatine, storniing menaced, coupled with
quarter refused havoc, rapine and conhagration,
il capulalion is delayed, &c. And at last the
commander, under the advice OF council Of war,
and 10 save proftless waste of life and proper
", cAPITrLATEs on honorable terms: That is
CONTACT binding upon both armies and both ma
tons, so far as the stipulations thereof are not
contrary 10 the law OF nations. To capRulati0ns
might be added every species of Arm,sies, truce,
releases on paroles oi hon0r, &c, &c, all which
are compacts binding upon their respective Gov
ernnenS, but not treaties either in The snbect-mat
Ter to which lhey relate, the func!ionarcs en-
poyed, or the mode Of concluding them. HulPs
surrender was the resn VI cowaTdce or treason:
and though il was, ard that he conveyed 10 the
enemy most important post, valuable NUM-
tons of war, placed gallant army hers de eombat
during the whole war, by subjecting them 10 the
parole of honor, and though our intrepid subal-
terms snapped their swords in Indignation and dis
gust al the perfdious conduct, they were consrain
ed 10 submit and our Government held itself
bound by the treacherous and dishonoring com
pact he had made.
RANDOLPH OF ROANOKE.
To The Editors of he Enquirer:
WASHINGTON CRY, February 81, 1915
In Senate today We had no report from the
Committee on Foreign Affairs, owing, it is said,