The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1845-02-20


Mr.. w. deaied that il had been hidden, OF that It
occupied an obscure place. The clause was found
iust where IL ought To be, among the arrangement OF
The Constitution respecting States One OF the ehei
beauties and exceleneies Of that instrument was l'
surprising breyily and terseness-lke the Bible selI
The whole history OF our religion IN single volume
The greatest proof Of its clesrness and compTehen-
siyensss was found in the fact, that, although the
country had been governed by for bali century
never had bess altered one slight Instance,
respecting tho election of President and one other,
10 the prohibition TO receive foreign titles
Mr. w. would tell gentlemen with the utmost frank
ness how he understood the power 10 be gained In re-
spect 10 the subject matter OF treaties IL was not
that the treaty making power had relation to oil Tho
interests Of the country which were foreign and ehte-
nor. This distinction had been attempted TO be set
up la the position that the Legislature had charge Of
whatever was domestic, while the treaty power was
charged with all that was foreign. The whole legs
Iatiye power, the whole General Government almost,
had respect our foreign relations and not the treaty
ma king power alone. The Constitution contained
several express grsnts TO Congress Of power the eI-
eIcse of which expressly respected our foreign and
not our domestic affairs these were chiefly left with
the States What The power to declare toar
Was IT not a power granted 10 Congress- and refer
ring TO our foreign relations We declared no
at home when war arose within our own border It
was called insurrection, and Congress was empoF
cred 10 put down; but not by declaration OF war
hat the power given to Congress 10 regulate TO-
reign eCnmercs} Had that aspect alone 10 our 10
tsrnal concerns Did gentlemen claim that too
clusivey for the treaty making power, when the Con
stitution expressly conhded II 10 Congress Was It
given entirely TO the President and Senate And
yet il had reference TO our external affairs. How
could any gentleman attempt 10 maintain a position
that all foreign matters belonged TO treaties which
contradicted by half the express giants IN The
Constitution. Congress had power to borrow money
yet most Of our loans formerly made abroad and
would the gentleman place tho power to borrow money
exclusively in the President and Senste that
count A State might make a compact pih foreign
Po,osr by the assent Of Congress. Would the geo
tleman take that power away also and give TO the
treaty powerl Where was this to lead He was
sorry 10 see this doctrine maintained by gentleman
who had taken his seat at the feet Of Gamael. Had
Mr.. Jefferson held such doctrine as this 7 Mr. JET
ferson first thought that the Constitution contained
no power 70 make treaties matters not expressly
delegated TO the President and the Senate. Gentle.
men will read this in his correspondence. That's
cert,in thing could be done by treaty in foreign
Government another rule laid down for the e1-
tent of the treaty power here. But this rule
for Us. This was not primary Government; it was
Government only of delegated powers. Would the
gentleman do that by the treaty power which the Con
sututon had not empowered the Congress itself TO do
but had reserved TO the people IN the States Nc, no.
The treaty power must be limited by those power,
given to Congress respecting our foreign affair. The
action Of the treaty power could not be extended
any thing which had not been at all contded ~ the
C'ene'al Government, nor that had been expressly
delegated TO another department in Government and
which II could perform without the help Of treaty
No matter how common this had been abroad TO sell
or buy Sales by treaty without their consent, or re-
guaie religion, &C., IL could not be done here. Here
had Hunted governments and written constitution.
The custom European Governments for the
Emperor or the King to do every thing by treaty
which had relation 10 foreign Powers. Did not the
monarchs OF Europe transfer and convey States
among themselves without asking the consent of the
people Did the King OF France, when he ceded TO
Louisians, ask the of the people of Lous-
anal Did the King Of Spain, when he ceded To US
the Floridas, ask the consent of the inhabitants T.
Such thing was not even thought of. The people,
with the territory were every day sold and transfer
red by European treaties like sheep in the shambes
but could that be done herei So nothing was more
common in Europe than to make treaties about relig
ION, establishing one creed and prescribing another
but could we do any such thing that in this
try Certainly not.
But to bring the matter little nearer home Sup
pose the honorable gentleman from Virginia Mr.
Archer) should become the President or heir appa
Tent: what was more common subject for European
treaties than the subject of matrimOny with some for
eign princess and the fixing OF dowryl Would the
honorable gentleman grasp that custom marking
| he limits OF the treaty power and thus obtain by
treaty rich dowry, such Maine for example be-
cause that was foreign affair, and therefore included
in the treaty power2
What, them was the true limitation of the treaty
PoWer' nc oio not say that IL was limited, by
grants in the Constitutions the President and
two-thirds of the Senate but he said this that all the
powers granted TO Congress must be exercised BY
Congress and all the powers granted to the Judiciary
must be exercised by the Judiciary; and all the pow
ers granted to the Executive must be exercised BY
the Executive; until they could noti be exercised
without the aid Of some oher branch of the Go, ern.
ment, and then resort might be had to the treaty
power, II that could conveniently complete it, The
limitation, then, amounted to ihis-that the treaty
power included whatever related 10 our concerns
with foreign Government. When that Govern
ment had no Legislature, and would not or could not
act with us except by treaty; when Congress wa. car
rylng out its own granted powers, and came TO
stage when could not proceed without the instru.
mentality of treaty then the treaty power applied,
II the act was exterior and customary, but its iuris
dctlon extended no further than the grants 10 Con-
gress Its function 10 assist Congress in carving
out in such cases the views Of the people.
ITO be continued