Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-01-30
THE RANDOLPH EPIsTLES.-Ner Series
No. VI

w. vi
Treaties arc Laws-.Naturo'ipb eiong 10 Congress,
,raieh may sill STARE ~ Tic po'cc1 BY MAKING
Compae,s, Sr.-Noihins crclusire in The grant
Of yorc,-INc ordcrs III Couneii-IHc Emlar-
po-1He at 10 suspend protcrcd Conf
pnct-.Ncgoliaton and Secrecy not needed as 10
Texas, as all has Lcen mate PUBLICAN dnaiy-
SIS ofNe i,ro-ihirds rotc Of The Senate compared
ariih Tie action Of Joih HouSes-JNc Gorcr7l-
meni has often crcrci@d The "COmpact' porer,
&C., Sc
WASHINGTON CRY, January g. 1915
To The Editors ofhic Enquirer:
Dear Sirs-The only remaining question,
which proposed 10 discuss at this lime, was
this Can Foreign State or Territory be aa-
ncred 10 the Union By the Ltgiaaiion Of Congress
aloae, and without The aid of the Treaty. making
power OF the President and Senatel
Treaties duly made and ratified are Lars, and
laws OF the highest au,hory-and, like any other
lars, their enactment would devove naturally
upon the general lowmaling power OF State,
unless special authority was given 10 other de-
partments of the Government for that purpose,
! bylhe fundamental law. This is a matter which
every Government decides for itself The power
10 negotiate Treaties resides almost universally
! in the Executive Departments of Government
the power TO raiifV them in Monartiie0l Govern
/ ments most usually resides also in the same de-
partmcnls: but in Republics, il is more common
/ that one and sometimes tai branches III the Lee
! cis!atiye Departments participate therein. In
/ such Governments. a close adherence 10 the re-
preventative principle would pre.crihe that 10th
| branches OF the Legislature should share in the
/ enactment Of aHMc La1rs that are passed. and il is
uny departed from, because other Governments
might often he reluctant 10 treat on delicate or
perlous topics amid the increased hazards OF dis
closure coupled with accumulated obstacles 10
ratification in tie mulliudes 10 b. consulted and
satisfied In the early years OF our Government,
the power to make treaties was vested exclusive
/ IL in the National legislature The ARTICLES OF
Confederation" provided that
"AnT. IX-Thc United States, in Congress
assembled, shall have The sole and crelusire rist!
and powcf oil determining on peace and war, ex-
/ cepl in case, mentioned in the sixth ariclc,-of
sending and receiving ambassadors, catering
into treaties and alliances" &c.
And such continued 10 Re the practice Of The
Government for eleven years, and until the con-
federation was dissolved. The change which the
Federal Constitution introduced encountered con-
siderable oppusilon-to which we find frequent
allusion in the pages OF the Federalist In The
| 9th No, Mr. Jay refers 10 il Tins:
"Some are displeased with il, not on account Of
any errors or defects in it, but because as the lrea-
lies when made are 10 have the force Of Lars,
they should be made only By men invested with
| Lrgis!ntirc authority" &c.
| 80 Col. Hamilton notices il in the 10Th No
He says
"Ano,her source of objection, is derived from
I the s,aaN number Of persons by whom treaty may
I b. made OF those who espouse this objection,
part are Of opinion that the House of Representa-
! tir.s ought 10 have been associated in the bust
ness"
Notwithstanding these objections however, the
/ consideration OF he advantages 10 BE- obtained by
/ negotiation, secrecy, despatch. unity Of senimen,
/ and Of purpose, in our own bchalt-and the salts
faction 10 be afforded TO other nations in diminish.
ing the chances OF disclo>res-and augInenlnS
The prospects OF ratification, finally prevailed. IL
i moi al all improbable but that our success IN Sc
curing the cession Of Louisiana at the time We
did, was mainly attributable 10 that veil !secfecy
in which The whole was so impenetrably enshroud-
ed from The notice of Spain and Great Britain
whereof; the measure became consulnmatcd and
7 the ownership changed before the treaty was
'blown" France had bound heIsellto Spain not
10 transfer The province 10 ans one save Acr-and
had she known what was going on, would have
served on US Il notice of her claims in reversion,
md protested against and perhaps resisted the
alienation. So, loo, Just before the treaty was
made in 1905 the news reached here OF The break
! in. out OF war between France and England. and
that Enyland's purpose was 10 seize forthwith up
on New Orleans. This gave rise 10 Mr.. Ma
/ dson's memorable despatch 70 orr Minister 10 the
I French Court-n which he so admirably main
tains the rights OF neutras to acquire from one OF
Two belliaerents a valid title TO territory, il The
alienation has had the sanction Of good iaih. He
/ SAYS:
.'Snce nv lest, which was Of April Is tie
i tenor OF our Information from France and Great
/ Britain readers war between those powers in Tie
/ highest degre. probable" &c. "IHe proposed oc
capsatH 81 Nae orleans IN GREET Briia'n, sus-
CESS further precauion," &c "As the question
! may arise, how far in state OF war one of the
parties can Of right convey territory 10 a neutral
power, and thereby deprive lis enemy OF the
chance OF conques. incident To wal, especially
when the conquest may have been actually pro-
! jected, il is thought proper 10 observe 10 you,
| that the right OF neutral 10 procure for ITSELF bv
I b0aa iGe transaction, property of any SOFT
| from helli"ercnl power, ought not 10 be- pres
trated by The chaacc that riglniul conques;
thereof might be thereby prejndiced. A contra
~ doctrine would sacrifice the Just Interests OF
| peace 10 the unreasonable preiensionS Of war,
and the poSiiirc rights OF one nation 10 the posSt
bc right, OF another. Hence had our Proiet OF
acquiring Louisiana been known, it scarcely adj
mils of a doubt, bnt tina, Grea, Britain would
have male the seizure before our title attached,
and this fact strongly susains the utility, IN caier
genei,s i'Ac his OF coriidine our Interests in hands
where our negotiations and notifications may lie
most in.olably @crG.
But then again, cases may arise, and have
arisen repeatedly, (of riich Congress has ofea
araiicd itsclI, as | shall show by-and-bye) in
which neither negotiations nor secrecy are or
were needed: and in all such eonjunctures why
shoull mol the maxim apply of raii0nc ccSsante
eessat ipsa hr-And allow 10 Congress the cxer-
else Of functions naturally lis own, which The
Constitution does not IN terms take away from il,
and which may well bear the construction OF
sharing The treaty power between il and other
| branches of the Government. This may staItle
I one somewhat at first blush but j, may mol appear
quite SO unreasonable when il is considered, that
bo'f branches of the usual merchandising power
mus, be consulted in all that CONGRESS- may do
and hence that the House Of Representatives is
! only superaridca, and that lis vigilance and Know
ledge and fresh adyices of the public necessities
and the public will may Al least supply .Ir
season. whatever Of Senatorial wisdom might
otherwise be sacrificed by the difference be-
| tween Il bare majority of the Senate, and malo-
I lily Of iwo-ihirdS. Look at the Constitution il
self and see il there is any thing there and terms
which lorbids such an Interpretation as this Tic
ID section OF The I'd article in treating Of the pow
| ers OF The President, provided that:
Tie shall have p0trcr. by and with the advice
oUi tcHNHN vi 'lcUtstc, W lldhS UldtII5, PIp-
vlded two-thirdS OF the Senator's present concur
Surely there is nothing of cscl,sireneSs in those
Woodworking importing purpose 10 confer the
WHOLE POWERS; and yet the Constitution does not
"mince matters" in the comforting or restricting
of power in other cases. When il exacts cxclu-
sveness it speaks of exclusveness What it
forbids in purpose, il forbids in terms. II confers
for instance, very explicitly "crcipsirc jursdic-
ton" on The Government in tie District, and in
forts, arsenals, &c. So, when it lorbids powers
TO the States, its language IS mo State shall enter
into any treatH" &c, dc. And BIZ the way il The
wiolc treaty-rower had been conferred upon the
President and Senate, why should the States be
forbidden 10 exercise that power For is plain
enough, one would think, that il the mtoie is con-
lcrred. no part OF il remained And again: if a
part did remain, and il was intended 10 exclude
Congress from lis exercise, why should not tina,
intention have been expressed and CONGRESS
have been as expressly forbidden as were the