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

/ granted to the Executive must be exercised blythe
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
thai could conveniently complete il. The imita-
ton amounted 10 his that the Treaty power in
cludcd 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 lis own granted powers and came 10
stage when it could no proceed without The in
slrumenlality Of Treaty, then the Treaty power
applied, if The act was exterior and customary,
but its jurisdiction extended no further than the
grants 10 Congress. Its 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 The adop
ton Of the present Constitution The Congress
of the Confederation. The power was then in
Congress alone and expressly. But did Con-
gress act upon all subjects BY Treaty? Ger
lainly not. They acted as Legislature till
they came 10 something in our foreign rela-
tions which could not be accomplished without
4 for example, deal with the King of Siam or the
Sultan OF Muscat or the Emperor OF Russia,
neither OF which sovereigns had any legislature
| in their Government? In these cases the action
| of the two Governments could not be accomplish
/ ed BY mutual laws, because on one side there was
I no legislature to make law. The transaction
mus, then be accomplished by the medium OF
treaty, or not al all. The old Congress, however
were placed under restraint in reference even 10
some treaties. Some commercial treaties, for
! example could not be made al all, such as pro-
hibilcd certain importations. Here is the clause
! before me- But how was ii here2 The treaty.
power instead FLEEING coniided in an unlimited
manner 10 Congress, as was the case in the con-
federation, was taken away from the new Con-
sress, because It's exercise by thai body would be
cumbersome and inconvenient and had been gil
ven to the Executive, checked, however, by re-
! oniripr the assent of ,r-v-tIuS or the Senate
/ This change had been made for the sake Of con-
yenience and not Tor safety. The people surely
mi.bt as safely have intrusted such power with
-. : IN representatives, 10 whom war and tax
alton were ronfided so largely, as have given j,
l 10 the Executive with two-lhirds OF the Senate
When they wanted greater safety in regard 10
any power, they went 10 the House of Represen-
tatives. That had been Patrick Henrv's areu-
ment against the Constitution, namely, that The
assent OF the House of Representatives, was moi
made necessary 10 the ratification of a treaty.
Without that it was deemed by him unsafe, and
some of the States actually proposed an amend
ment in the Constitution TO that effect.
Let me tell gentlemen circumstance connect
Cd with The Hartford Conveniion-which is men,
Toned in no spirit Of disrespect or taunt, bu, as
matter Of history. That very Convention re-.
commended The assen, ottwothirds ofboh houses