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

0 give power TO do anything BY treaty ioI .ie
general welfare But, again: II happens uuio.
tunately that the clause in relation 10 lhc seue
raj welfare is power given TO Congress, di n.y. W.
10 The President and Senate Congress siiaii
have power 10 lay and collect taxes, dulies IN,
posts and excuses, 10 pay the debts and pIoViue
Tor the common defence and gsnerdf fccgac %
the United States" II any inference can pe
drawn from that il is an inference IN favor % he
power OF Congress; whereas on the o'ler s'ue,
lhay have drawn an inference in favor OF 'he
gra nj otthe power TO the President and the oehac.
So far from there being any ground lot ooJeeuon
against this express grant TO admit new States, pe-
cause il was embraced in SO short space, nv
must tell the honorable chairman OF the commit
tee thai his report covered double, treble the space
of The whole constitution itself, and that many Oh
the most important grants in this instrument are
in three or tour words.
To declare war was one Of them, most mo-
mentous power 10 woride and maintain nmrg
was another, costing one-third OF all our annuai
expenditure; and to rasc and supportarntes, ano'n
er, which, with its incidents, swallowed up hall our
whole revenue. -
Ono of the chief beauties and excellencies OF
that instrument was its surprising brevlly ana
tcrseness-lke the Bible ITSELF the whole history
of our religion in single volume. The great
est proof of It's clearnesS and comprchenSiveness
was fonnd in the fact. that, although The country
had been governed BY it for half century, u
never had been altered save in one slight instance
respecting the election of a President ana one
other in the prohibition 10 receive foreign liteS
Another objection had been urged, when nau
about the same weight. II had been sah 'fat
the clause was hidden away in an obscure cor
merit had not been put in the forefront OF me
Constitutional was thrust away 10 The end oil
it, Mr. W. denied that il had been hidden, OF
that i, occupied an obscure place. The clause
was found Just where thought 10 be- among Inc ar
! engagements of the Constitution respecting States.
| will proceed 10 tell gentlemen, with The VI
most frankness, how understand the power 10
be gained in respect to the subject matter oil lrea-
ties. II was not that the ireaty-maklnS power
had relation to all the interests of the country
which were foreign and exterior This dlstinc-
ton had been attempted TO be sci up in The posi-
ton tha, The legislature had charge OF whatever
was domestic while the treaty power was charged
with all that was foreign. Almost The whole le-
eislalive power, the whole General Government
almost had respect 10 our foreign relations, and
no, The treaty making power alone. The ConsI-
tuition contained several express grants to Con
eress OF power, the exercise of which express
" respected our foreign and not our domestic
affairs, as these were chiefly left with The
States What was the power 10 declare war
Was il not power granted 10 Congress- and Ic-
ferring to our foreign relations2 We declared
no war at home; when war arose within our own
borders it was called an insurrection, and Con-
Sress was empowered 10 put 1t down, but MOI ~
declaration OF war. What was The power given
| 10 Congress 40 regulate foreign commerce!"-
Had that an aspect alone 10 our internal con-
Germs? Did gentlemen claim that, TOO, eXclu-
| sively for the treaymakin9 power, when thc
Constitution expressly conllded il TO Congress-
Was il given entirely to The President and Senate,
4 had rpfprencp N external affairs!
| How could any gentleman attempt 10 maintain
aposion, that all foreign matters belonged 10 trea-
I ties, which was contradcted by half the express
| grants in the Constitution? Congress had power
ito borrow money!" yet most of our loans were
formerly made abroad; and would The gentleman
place the power TO borrow'money exclusively in
/ The President and Senate on that account? A
State might make Compact with foreign
power" by the assent of Congress. Wonld The
gentleman take that power away, also, and give
il 10 The treaty power? Where was this 10 lead2
! He was sorry 10 see this doctrine maintained By
a gentleman who had taken his seat at The feet of
Gamaliel Had Mr. Jefferson held such doc
i trine as thiS2 Mr.. Jefferson at first thought
that the Constitution contained no power TO make
treaties on matters not expressly delegated TO The
President and Senate. Gentlemen will read this
in his correspondence.
That certain Thing could bc done by treaty in
foreign government, was another rnle laid down
for the extent OF the treaty power here. But that
was no rule for us. This was not a primary go
vernment il was a government only .! delegated
powers from other governments and the people.
Would the gentleman do that by the treaty power
which the Constitution had not empowered this
Government ilSefto do, but had reserved 10 the
people or The States? No, no. The treaty pow
er must be limited bY those powers given 10 Con-
gress respecting cur foreign affairs. The action
! of the treaty power could mol be EXTENDED to
anything which had not heen al all conf
dcd 10 The General Government nor that had
been expressly delegated 10 another depart
menl in The Government, and which il could per-
form without the help OF treaty. No matter how
common il had been abroad TO sell or buy States
by treaty without their consent, or regulate reli-
| gion &c, it could not be done here. Here we
i had limited governments, and written constitu-
| tions. The custom was in Europe and Asia, for
the Emperor or the King TO do everything by
treaty which had relation 10 foreign powers Did
! moi in: munarchs of Europe transfer and convey
/ States among themselves without asking the con-
sent oihe people. often mere serfs? Did Napole-
on, when he ceded TO US Louisiana, ask the as
sent of the people Of louisiana Did The King
of Spain when he ceded to us the Floridas, ask
| the consent of The inhabitants? Such Thing
was not even thought Of The people, with the
territory, were every day sold and transferred By
European treaties like sheep in the sham
| bles-bat could that be done herel So no.
thing was more common in Europe than
10 make treaties about religion, establish.
| ing one creed and prescribing another. But
can anything Of that kind be done here, by impli-
cation or otherwise, because lis custom in Eu-
ropcl This matter of following the usages Of
monarchies might lead 10 great absurdities. For
instance, suppose the Chairman Of the Committee
on Foreign Relations Mr.. Archerl became the
chief executive officer Of this government and
| (being a hachelor,) should make a matrimonial
negotiation with the fair daughter of some foreign
1 court would he think oil sending treaty. 10 the
! Senate for ratification, by which the Stale of
| Maine or the State Of Arkansas was 10 be settled
on The bride as a dowry? [Great laughter, in
which Mr.. Archer heartily joined. Yet no.hing
was more common than treaties of marriage and
| dowry between European nations.
/ What then, was The true limitation Of the
| Treaty power He did not say that il was limit
! ed by only those express grants in the Const,u-
/ tion to the President and two-thinls OF The Sc
nate but he said this, that all the powers grant
j ed TO Congress must be exercised by Congress,
and all the powers granted to The Judiciary must
be exercised By the judiciary, and all powers
granted to the Executive must be exercised by the
Executive, until they reached point or case
| where they could not be exerc sed without the aid
of some other branch of the Government, and
then resort might be had 10 the Treaty power, if
tina, could conveniently complete il. The limita-
ton amounted 10 This, that the Treaty power in
cluded whatever related to onr concerns with Fo-
reign Government when that Government. had no
Legislature and would not, or could not act with
us, except by Treaty. When Congress was car
rying out its own granted powers, and came 10 4
stage when it could no proceed without The in
slrumentality Of Treaty, then the Treaty power
applied, if The act exterior and customary
but its jurisdiction extended no further than the
grants 10 Congress. It's functions was 10 assist
Congress in carrying out, in such cases, the
views of the people.
In confirmation Of this, would inquire who
had the power ofmaking treaties before he adop
ton Of the present Constitution ? The Congress
! of the Confederation. The power was Then in