Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-02-20

; out 1t. He was sorry to hear it. More co than
he had been at any time before since he held n =
seat IN The House. What. the President executes
a treaty, in direct violation of one of our laws &
we are to be comfoted, by telling US that he does
so. Sir, this, instead of reconcilipg me 10 give
up the amendment, would rather drive me to 10
seft tin the appropriation bill. An attack IN
made on The powers Of this House, not onlv As
declared by The House itself thirty.six years ago.
oIt as solemly settled by the House, the Senate
and The President, in ISIS. And are we to be
'oa that we must si quiet and make no resis-
lance: for one. vii. raise warning voice
when see The powers OF the House attacked e..
ven by one OF its own members. Where is the in
convenience OF requiring legislation To fulfil trca-
~! say gentlemen, sit will produce de-
lays, and there are delays enough already, and
,I Ho many IN the senate" Sir, what would gen
tiemen have? Would they take away the power
OF me Senate, too? Must all be left to the Pre-
s,uent! The gentleman from Virginia deploles
the checks and guards which produce difficulty
ana oeiay in the Senate would he remove those
checks and guards? Sir, these delays are NOT dan
gefous. Every foreign Power must. of course
nave ioreseen and expected them They cauuo,
OUT know they arise from form of Govern
nent, nor need they be surprised, after seeins
me power which is claim ed by this House. and
men mas oeen actually exered in giving trea-
ttes Their effect | consider myself greatly in
deoied so the gentleman from Georgia for his vi
s"ahce On this occasion. am not for leaving TIL.
matter to utpse discussion, bu, for in,roduciprj.
into this bill. =
IL The House shall row refuse to do This. a. the
"eN' congress 1t will be said, "your construction
cannot be the true one, for it was proposed d.
.uaseu, anu deliberately rejected at the last Con-
kfess. Thus the precedent will gain force by
',e' I'at u Is TO be quite enough for us 10 know
~. nay refuse an appropriation when il il
asked Sir, this does not satisfy me when M
understanding tells that we are entitled TO ~.
Whole OF a power, cannot be con, ent 10 receive
only part o! il. The power to grant appropria
.o"S' ana me power TO regulate commerce. are both
gwen Us by the Cons iiu,ion. ! call upon gentle
men TO discriminate. s. to show WHY, in re.pect In
meaoes, we may exercise Tie one s. not the Other
ne question Is not, whether are able 10 mako
gar oiPosiIoh eHecfnal, so that no neafy-<As---in
iac' DE executed without our legislation bu, VIE
taer we have not the RICH, FIRST 10 lesisiate. No
doubt the President m ay carry treaty into .l,ct
Inc oi-cers OF Government who hod their Offices
al his pleasure, i'll Ger: ainy obey him: hut bs i
no argument ior his right TO do his Suppose
"eatS 'houid be made, engaging to pay some
sum OF money which would come within IN.
iiiris OF what Is called The Contingent Fund
Hefe no appropriation would be required, from
this House. But do gentlemen contend that bs
wouiu nave right 10 DO IL II not, let Them show
te distinction. If he has rig hl in one instance Ia
| has in another. Mr.. l. Concluded ve,r 49,
mated speech by declaring, that he hal ever held
Inc rights OF his predecessors to be sa cred trust
ana ne never could consent TO surrender them
Mr.. Mitchell OF South Carolina said that he
constitutional
ihoSe questions were usually delicate and he did
ho' seek the task OF deciding them His onin;,,
inclined towards that which had been expressed
10y The honorable gentleman who had lust taken
ms sea but whenever tlai question came 10 be
dseussei before the House, il must neces4a,,Iv
occupy much time. But. under presen, circurn
stances, as the bill before the House had no reIa
'ion to the treaties with Denmark ana Cent,.t
America, he hoped The anne ndment would not be
pressed al This late period of the session. He
Z he in .
stitu'iona! rights of every branch of The Govern
meni; and, from his attachment to this bodv h.,
should be the least OF all inclined 10 give up any
rights which belonged 10 it, but the presen. bill
was OF pressing urgency; it ought TO pass, and to
pass without delay, and he hoped he consideration
! OF it would not be embarrassed by a lengthy dis
custom Ola question OF constitutional posyer
4dr. heed SAID lie was happy 10 observe tha,
ne gentlemen seemed all TO agree that tina
piii Ought % pass. lie differed, however, from
gentlemen a. 10 the discussion of 1915. Tie
discussion then tuned the power of granting
or refusing me appropriation, anil If no APP
preparation had been required by the .c.ii;st trea
| ~, the gentleman from Louisiana weu,d never
nave oeon called to vote on the question. TIE
whole OF the debate TO which the gentleman re-
Tered, settled than this whether the Iouss
should or should not grant the particular appro--
priaiion then called for II was not then denied
that treaty is the supreme law of the land. The
utmost extent Of doctrine that was settled ,vax.
that hen The iu!fmeDt Of uea yreqnire y the ap
preparation OF money, then This House has sonle
power the question
Mr.. Livingston replied, that the gentleman from
I Massachuse!is was in error. The d scussion in
! 1919 d'd not arise on any question OF appro-
p'lailon tnt on call for The papers which had led
/ to ti'a ratification OF the treaty. The House took
The broad ground, that whenever the execution of :,
| treaty touched the constitutional powers of lfs
House, then the House must legislaie before The
treaty could go into eject
| Mr. Re- sid, il very true ,bli he Discus.
So arose upon call for papers, but the ground o;
Tue discussion w as the power 10 ap; roprsie. Some
gentlemen, he knev, went FAR bey ond that ground
so lar beyoBd ", rs 10 contend that the Uoug.
/ had right 10 review The whole proceedings both
% the Senate aGd Of The President, In rels ion 10
every lteaiy. But though certain gentlemen bad
advanced motions so Wild az this The House uevef
claimed the over TO re Judge any Tseaiy made
aero ding 10 he Constitution.
hT Bis-ett said, that tie strong appeaI mad. I,v
'ofne gentlemen, win a view TO take away from
! Ibis iouse, powers given 10 1t by The Consti;u
'ion, rendered II ibe duly of eve,y friend to ths.
20" eis, t. raise warning voice. Ills coleae1e
I (Mf FOwcii) had id. that We should con inuc
! % 80 on IS we have GOhe, in Ibis en- and no.
raise new qusstions. ia gentlemen on lie oiLp,
side might fIly an>wer, that II vas no new n,fea
8 ton they ere raising but right which had
long since been s~knowieigcd. A Treaty YEAS mo
douJ declared, by The Con.titntion 10 lie fbs
supreme law of he land; but In wha, sense wa.
tlil. to he undefsiooGi
Here Mr. . q1o ed lie Cons uiion 10 show
th" ifeaiy was supreme only a. it respected