The national intelligencer and Washington advertiser. [volume], July 08, 1808, Image 2

About The national intelligencer and Washington advertiser. [volume] (Washington City [D.C.]) 1800-1810

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fed the President
Congress, a
■
.aw; he carried b I
... given '
Lhat proposed to be transfers :l in
the present instance. The case
fore Cited and read, may aga
to the not'ce of the House.
I fal , a iavv passed, em
powering'he President to lay, revoke,
lire, during the
.;ress, an embargo with
any limitation or restrictions
tever. In 1799, tne President
■ a by law to suspend dur
i, the law interdicting all
intercourse with France, at his plea-
any qualifications of his
ver; and in 1800, his
powers were I in the
V.'ords. To rdl these, (except, per
the first) no serious objections
were .dot' principle,
nation we
But all at
Dvered by some g
nam, who are in the habit of acting
with those wh
that though at tho ctiveperi-j
I was perfectly correct and uncx- ■
enable to vest in the Exei
the power in question, in the mo
ititude ; yet a- this time to
him the like po.ver, though qua
i aal, WOuld be
ts, contrary to principle.
dation of the < i. 1 will
pretend to account for
traordi iary changes in the opinions of
it, but leave ii to til
I for them. But, I
ince of an act
•v ■■:, similar to that now
proposed. In the year 1806, a law
ident
d during
,' be- ;
ing vested in the President without
any limitation whatever. . now
p«-op ■ given him under very
hie restrictions, w
serious considera
te right to hould
be d nd would \
ho oppose the
.ore, to I .n, I
I hey
.d expect to convince either the
.hi that in all those
npted
(.Mr.
R.) i n em
id an
act m fenced its ope
-0 iUS
pend one which h ipera-
Tbis is manifi rtly a distinction
wiihout a difference; a resort to a]
kind of reasoning •■ lly to |
•ed from ' • nan, with
■
' tio.is are
v'n -v.
~ examic
1 law I
there ca i
iding
of a law Unit went into
a law! i
as to ' i
>:i to day. | i
if it i.
-There can be no di
li' lhe re fore it Vita I to i
al the i
non-i uportation law, which had not j
•conm
ly so to empower him I l the t
a Inch I, • into ! t
i i certainly no legisla- t
ttve powr ry to be exercised (
in l!ie one caae thai i
ilie other. I shall not pursue the exa- (
lain ition of this <
ion further, as it was a
by the gentle nan who advoi
it, by saying that he iras
r to o
nd a law in any possible l
her it had commenced i's opera- j j
n-not. Another discovery of an a
i isry nature has been made t
rest*' I:
Ituvt no power by the co i to t
. to the i
c you, or in a
whether t)
we ht in lay an <
irely v
r to \.\y r,
d that when it is o
i it s
; on, we ! v
will i>.
iction of the constitution be cof
.crs of legislation will \
Ito l> confined within
row limits indeed, and so far as i
c with foreign na-;
is, would be little better than a
■■- mere mockery. The. only means we
c have to coerce foreign nations b
•• the medium of our commerce —par-
i- ticularly by withholding from them
5, our productions, \
c tides that are the nec< of life
i- and all important to them, without
s which tome oi then con', i
it sub'ist, and most of their West,
•- India colonies would (
11 duccd to a slate of famine. But if in
i- this respect our hied. up, and
s we have no power by the constitution
s to deprive Ihe ait of our
luce—to those
- articles s for their subsis
s tance, they may in.,)- t re
:, strictions tin on our ■
al our n
>u!d be l<
> | dy, without the means of retail
g ; the ling then
it their ilttci est, to'do U I
i- tice. If [his construction of the
• iilution ■~
once that those w!io frarn
- j c I that I ■/,' the
0 true in try ; if
- they did, that they totally aband
c thorn. A bur exposition of the con
ition, however, will autli
1 no is no
■it that would sanction it.
f in art. 1. S. . . :(. of the constitu
i, it is - that Con
a shall b.e
■• snong the s< and with
Indian tribes." This is a •
t ral i r and gi« cs to
- Congress the right of passing all laws
- on the subject, which i
> uca the public good, v
• in ihe cases expre i i
general power, in the constitu-
Jt may be, i
lark that in il id i when
) general p , if any
- exceptions i tided, they
1 are expressly made in that instru
i meat. Without - prions the
2 general powers delegated are consi
sted. Whence do you
f derive the right to prohibit the in
. (ion or importation of slaves
! Africa ? From the power to regulate
s commerce with foreign nations. Let us
if there be any exception from this
I general power to regulate commerce,
. thai would support the objections
- made to laying the embargo. The
i first exception is in the 9th sec. of the
- game ait. and pr< vents Congress from
- prolan: ii ig rati on qr imp
- tidn of such persons as any of the
esthen existing should think
x j admit prior to the , . Sec. This
> exception tv.e> in use when
aniion w i
ould have I
• the power to prohibit lie importation I
r.rein j
i until the time therein stated should j
- ariF
lis case to 1
:, general power wen
■ i
ill, n th< •
1 ! po.ver
• the ; on, it is a fair
i strui
• t ver : . ict Con
ie i < . .
■ii or
ii tation ol teles' what
» ' or th in of any other mea
. j calculated Ld regulate and control com- j
j Another i
" n i tax or duty
..id on i
til be
, ! given by any regulation of c
rnerce or
slate over those of another, '
■ c are the on! /
in the co.. jiven !
to regulate co
! loom in ; supports i
the poutti have not
power to lay a 1 c On the
contrary they p eh a pow
er v.
gress, other.vi d have been
excepted. In r the excep
tion that prohibits the impositioi
a tax or duly .on article
ed, ciearb otin
tended to [>revent C< from
| prohibiting t ; ; tion of : .
articles, but only from imposing on
i a duty; o have
d. And althc
■ lion Was
' meat again l the power of '
when .
proof in f. such .
power. This general p
i ■ '
mere i
mine to
shall ms and to
what •
——~y .thout
- the newer to regulate commerce
Id be altogether nugatory. If
/ ! you cannot prohibit the exportation
sj of your produ-e in whole or in part,
- how can you regulate commerce ? If
a you have the power to restrict your
p trade in any degree, you have the like
'* power to restrain it to the full extent
- of an entire prohibition both of exports
Imports. If gentlemen attempt
- to fix a point beyond which you are
s not to go, they will find it impossible,
l They would hardly venture to say that
1 yon could not by law prevent the ex
.of a single article ; and if
- yon can prohibit the exportation of
. »v can of every article—
no exception madeinthe con
ition—the power is, as it ought to
tensive with the exigencies of
j tfte country. Tiiereisanothcrclau.se
- in ' litution, art. 1. sec. H.
■jv deemed sufficient, if it
- necessary to r< sort to it, to war
the laying an embargo. " Con-
M h.ive power to make all
hall be necessary and
• proper for Carrying into execution the
powers, and all ether pow
■ era vested by this constitution'in the
I government of the United
. io any department or officer" tin
If therefore Congress consider an ein
f bargo ness ry to carry into effectthe
| power given to r.
• they are by this clause empowered
iss a law laying such emb
it is not. necessary to resort to
this provision in the constitution,
the general power given to regulate
i commerce, l ly confers the
. the power to lay an embargo; and no
nable doubt, I trust can exist on
(Mr. CamfihelCs S/wrch to be con
tinued.)
1 INGTON CITY.
1 riiIDAY, JULY 8.
— ' —'«► 4R- '!*•
Mr. Hkmiv WiiKTcpon' is ap
-1 poi ted to the office of Treasurer of
Washington City.
It will be seen by the London news
in this day's paper, that the Osagk
was to have sailed from Falmouth a
-1 bout the 18th May, and Wis supposed
to have been se-a on her passage. Sue
' may of course be hourly expected.
At a numerous and respectable
5 meeting of tho Republicans of the
1 Seventh Ward, of the city of New
' York, convened agreeably to public
notice, among other things, it was
5 " Resolved, That we do cordially
1 acquiesce in the nomination of.'
Madison for the office of President,
George Clinton for the office of
• Vice President of the United States:
' But notwithstanding we acquiesce in
1 the nomination of James Madison for
-1 President, we do still entertain the
highest regard for our venerable patri
'! ot, George Clinton, whom we consi
'j dor eminently entitled to our esteem
1 ! and respect."
COU THB NaTIONAI.IN'I 1:.1,f.l O C. \'C ER.
i
Thb Farmer—No. V.
' Mr. Madison's election is, in the
place, recommended, because
a ba tho best fitted to the de
n of schism among the repub
lic
Those divisions Which exist a
' mong the republican*) have arisen j
ir from local disputes, from a
rence of opinion with regard to
extent to which our naval ostab
ht to be extended,or from
'erence of opinion with respect lo
I the principles which ought to regulate
i appo
Before these topics are distinctly
be proper to no*
tWO joints Which may bethought
of consideration ; the Yazoo
iC opposition of the re
publican minority of Congress.
The atrocious character of the
Yazoo speculation has most deserved
ly consigned it to universal execra
which it
the universal
rrence it excited throughout A
a was understood,
the highest attestations to
tiie virtue of the American people.
It is, perhaps, impossible for any ab
horrence to transcend that which at
present r«.i >us throughout the United
Stat:- ransaction, Can there,
then qnder the existence of such a
d danger
that the general government wiil be '■
s. of their constituents,or
i become crimtnia m so
unpopulai Nothing short
of li. corruption can have
effect ; and to suppose that such
an effect can be produced, is to sup- '
pose that the House of Represi
the Senate and the President,
corruptible. 13 there an
iy to avow this belief ? <|
I If thei c be not, (lie danger apprehend- ! .
18 altogether ideal.
: ( A stronger, unacquainted with the
" nature of our institutions, would sup
, pose, from the controversies waged
, in our newspapers, that the whole
i power of the government resided in
■ the President; that his will was the
law, and that the representatives of
the people ai>d the states were mere
i ly so many registering parliaments.
Whereas, the truth is, that if we
except our foreign relations, a review
. of Congressional proceedings, since
; the commencement of the govern
■ ment, will shew that the President
ha 3 rarely interposed by submitting
f any specific plans to Congress, and
■ that when he has interposed Congress
have most frequently followed their
own ideas instead of those suggest
~' ed to them. This has happened un
der all administrations,"as well that
of a Washington as an Adams ; as
well when the President was the idol of
the people, as when he was the chief
of a distinct party. To be convinced
of this, we have only to recur to the
journals of the two ! I We
shall there sec recommended by the
Chi: trate a national univer
sity, a peculiarly Organized militia,
a particular mode of laying up our
ships of war, and various other re-'
commendations, none of which have !
been ccnipiied with by the legislative
body. The fact is, notwitltstai
parly declarations to the contrary, thai
Congress have invariably enjoyed,the
the purest independence of the Exe
cutive, 5k have not, probable,in asi
instance Upon any point of national
importance unconnected with our
exterior concerns, been guided by
ids opinion at the sacrifice ot their
own.
With regard to exterior relations
the case \> certainly far otherwise.
And why is i; so ? Because the con
stitution. Which may be denominated
a permanent expression of the will of
the people, has so ordained. By it the
whole legislative power ovl r the inte
rior is vested in (
regulation of exterior affairs is to a
ii extent vc-
President, or in the President
With the Senate. He noun
ry foreign minister, in
r into treaties,
ed only v. bit th« . ■ i
of the Sei ■ i
ture, too, ol i'< •
lone can
thos
ible to the fd
opinions It is ;u ,
legislature as
and must be in a high .!
upon the Executive,
Ito the measures tailed
our exterior concerns. But a
. not follow that they are, in any i
dependant upon him with
intetior objects. Here the coustitu
has bestowed the entire pOtt er on
», and there is no candid
Uninfluenced by the illusions of
or personal prejudice, that will
lOWledge that Congress
been jealously independent. Under
tlie administration of Mr.
which, it is admitted, ought to bi
model of all Irninistfa- j
tions, it is not alleged that tne Pre- i
sident has, on any one specific ob- j
ject, extended his intluence beyond J
the o| ■
mof a partii .ore ;
while it IS equally admitted, tii
many caSiS Congress have, not
withstanding such.
thought and acted differently. The
truth i., that there is a strong ana
steady republican jeaiousy of the
Chief Magistrate entertained by the
i*c, and that the individual
me.i nitely mofo dread
of In-dug co dependent on
the Executive, titan of resi;
hisfovorit res. This
phaticaHy Hie case, • [ver
saries of the republic 'Wis in Congress
have constantly reproached mem
with the want of a leader, of one
who d in the light
of an organ of Executive ideas.
With regard then lo the Yazoo
claim, supposing, for argu.
sake, Mr. Madison friendly to it,
is not the least danger of his
interposition in its favor in case lie
shall be elected President. He would
10 sensible of the little weightoi
Executive influence on interior con
cerns to hazard it on &o doubtful a
die. In such a e.tse it could not
the weight of a feather; in a case, in
which every man's mind is Made up;
v. hh.it has been so fully c
and, in which, the popular fe
is all on one side. Win v.
he v.'ge-the claim ? Not lor corrupt
motives. No one is hardy en.
to allege this. Would it be to ex
tend bis popularity ? T* suppose
this, is to deny him a ten thou
partof the sens.
■ enemy. No, whatever las individual
feelings might be, his offu ial dt
would not be tinged by them, lie
would havedifl ;iough loover-
come- without outdoing the valorous
| knight of La ManCha in
! wind-mills. He would not, like a rmV
■ cheivous boy for want of employ-
I roent, attack every hornets nest he
j met.
i But there is no reason to consider
! Mr. Madison friendly to the Yazoo
f claim. The allowance of a claim is
one thing ; its compromise, another.
. The very act of compromise, indeed,
: attests its invalidity ; and, in this i
' may have been solely recommended
: by the wish to sell the lands of the
- United States at the best prices by
t removing all dispute as to their title.
; It is solely on the ground of expedi*
I ency that the measure is recommend
; ed by the commissioners, who unc
• gui vocally pronounced the ell
- unsupported by justice. How then
■ can he be said to be friendly to a
: claim, which he expressly de<
» unjust ?
f On this head, then, there is no
i cause for alarm. Mr. Madison is not
[ proved to be friendly to the claim ;
: and whether he is oris not, if elected
President, the prudence with v
;j he is allowed to be <
■ ! gifted, will effectually restrain him
, from raising a host of enemies fu his
■administration by urging a measure
• ; which would render him unpopular.
The opposition of the republican
minority in Congress is next to be
considered. In every point of light
in which this opposition can be view
ed, it must be considered as more an
opposition to men than measures.
There may be a few scattered instan
ces m which different motives pre
vailed ; but a recurrence to votes will
.. that it has not been the offspring
oi ftuj m i ked differences of opinion.
net, perhaps, be going too
trace it to a deliberate purpose
to fi ustrate the election of Mr.
i 10 the Presidency, by opposing
■/ measure calculated to render
the administration, of which he is an
•a ne mber,p <pular. The most
correct cons!ruction, however, per
is, to view the- minority as influ
:by the common ambition of
raising themselves to power by the
ordinary means practised by an Oppo
i. Of this, the country from
ii we sprung raves us too many
proofs, to be in the
The party, out of office,:,
up ...n uninterrupted fire on those Hi
■■, until, through the instrum.
d public opinion their purp..
So, in the present •
idy and indiscrimi
Notiii
A I the m'eai
.Uy opposed.
; something is
is prop..
i
lenced by |
the
vei .ai ~ i iij'cortn out ■
own , ~ an
°PP°' . the
j two; Has thi
I sent ■
j lemi
:. and
nolo' • I S ay wot
can.-.
have been 'worse than nothing. Thej
left tiiose :ed them on
, and committed them to no
cilic conduct.
These considerations justify me in
the belief that the blican
minority would co;
under any administration of w
they should not I The
only effectual way then to heal this dt*
vision, is to give tl ck^'e
j rein* of power. '
' he more absurd than td
{ vernmen.
part of tl
| their sub )t \y of the
people ti
|an o
j heali
■
majmiiy shall govern; Y\
i the
for it in
only
t >j
■. am. C)i
is a tuli
iof man,
This in
of our best faculties, and
extracts the b soul;
I but i; cry other