The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-02-17
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will be thrown out Of employment, and reduced to
beggary aud starvation! Where the mutter-
ings OF the gathering storm, which are con-
s,antly heard amongst her ensiayed and starving
populaee, and in the very heart Of her kingdomi
Where is ireland, with her convuisve throes for
the very birthright OF freemcn---drect representa-
tioni Where 10 the wild, the brave Afghan
who, in the rude mountains Of his native land, is
beating back with fury and destruction the Of
BRUSH power as at each returning wave il seeks
10 oyerrun his own, his native land Where are
her numerous colonies and settlements, scattered
throughout the habitabe globe, bound her only by
fear, and who seeking the first favorable oppor-
tuLity 10 throw of the yoke Of her exactions and
oppressionsl Where are all those nations OF the
world, who, according TO the honorable gentleman
from Virginia, Mr.. HusrER, are standing by,
painting for her overthrow, and ready TO gather up
the spoils Of her dissolution Is it true that we
have everything TO discourage, and she everything
TO prompt and urge her 10 the eonnicif IL mo sym
paihy OF mankind be the platform on which We are
first 10 place ourselves in order 10 ensure success
where 1 would ask, amid the realities of the pie
ture have drawn, she is 10 obtain even foothold
There is vet another and distinct class In this
Houso-for on this question there are several
classes, as well as shades Of opinion-l say there
is elass who arc opposed TO this notice, because
they are Of opinion that lhs President and Senate
have that authority, the treaty-making power,
and they opposed 10 hatthey consider unneces-
sary and unauthorized legislation. Il is true that
the President and Senate have the power TO uaaks
treaties by the constitution But that the power to
make carries with it the power to annul and abro-
gate, may admit Of some doubt. IL is true, there
are cases in which they may destroy former
treaty, by making later one, whose provisions con
hict with the former; but this il but the conse-
guence Of their power to make. But that they may
Of their own mere motion, by way OF notice, pro-
clamation, or otherwise, put an end TO subsisting
treaty, when the terms OF the treaty confer no such
power on either, may well be questioned
And when reference is had TO another clause Of
the constitution, which gives TO treaties, when pro-
perly concluded, the force, and power, and OF
iai1, this view Of the case would appear to re-
ceive additional strength. This clause would seem
to bring treaties, when once made, under the con-
troll of the law-makmg power which embraces the
President and both houses Of Congress. IL these
considerations, which would seem to confer the
power on Congress, the President cooperating, are
entitled TO any weight, and there be likewise any
force in the arguments which confne this power 10
the President and the Senate, these conflicting opin-
ions and arguments but show that the question il
involved in doubt. And where there is doubt as 10
the question, whether any power is properly TO be
exercised by part or by the whole Of the legisa-
tive authority of the government that construction
ought TO prevail which refer it to the whole, as
being more safe and more in unison with the spirit
Of our institutions. Regarding it. therefore, as q
question Of doubt the President certainly acted with
prudence in conceding the power to Congress con-
"
him for his prudence.
Again, the question of terminating the treaty, and
the measures by which il is TO be followed, are sc
intimately connected in the estimation of many
with the pence Of the country, that even il the
power were clearly with the President and Senate
there would be no manifest improperly in taking
advice Of Congress- inasmuch as if war do follow
Congress must declare Unjust vote the money ne.
cessary to carry it on-and inasmuch as the people
we represent will at last have to furnish the pecu
MARY and physical material for prosecuting it, |,
is from no desire to shun any just responsibility Of
his position that he refers the matter to Congress
Whatever Of responsibility is to attach to the giving
of the notice, he has boldly assumed before the face
of the country by recording, under the solemnity OF
his constitutional obligations, his opinion that the
notice should be given, and given at once.
And it is to be feared that many Of those who ere
now most ready to brand the President with de
sire to shun the responsibility Of his station would
if the notice had been given by him and war have
unfortunately ensued, and proved disastrous in it,
termination or its progress, be foremost in de
nouncing him needless, reckless, and wanting in
respect to the representatives Of the people in mat
ter concerning their peace and their very lives
The passage Of this resolution has been branded il
advance as an Infringement of the powers Of the
executive. But l must confess that am at a loss
perceive how, in any possible view of the case
it can be so regarded. What l understand as an
infringement of any power, is an arbitrary and un-
solicited interference and usurpation of it, In the
case now before us, called on to act at the
instance of the Executive, and at his request adj
vising what may be best for the interest of his
country. And, Mr. Chairman, it is little remark
able that the objection that Congress should not in
terfere in the giving this notice, but that the whole
of should be left with the President, is urged with
the greatest pertinacity by those very gentlemen
who, for the last four or FIVE years, have been en-
Weighing with the most violent denunciaton against
the already over-grown and irresistible power of the
executive, they were pleased to term il. 1t
tainly was hardly to have been expected that in SO
short time, they would be found in a case of
doubtful right, ready to leave to the Executive the
exercise Of power which, according to their own
confession, must almost necessarily lead to war.
Before take my seat, will make but remark
or so upon the amendment of the honorable gentle.
man from Alabama, Mr. HnLARD.] His amend
ment proposes to empower the President to give the
notice when, in his opinion, the public interest re-
9uires it. The President, sir, under the solemn
discharge Of his duties under the constitution has
stated to this House and to the country his belief
that the notice should be given notc-should be
thorize him, therefore, to give the notice. when he
shall think best to do so, is 10 authorize him to do
it now; and that is precisely what the original reso
luton, reported by the Committee on Foreign Re-
lations, proposes to do. And, sir, for us to adopt
the amendment of the gentleman from Alabama
tioning the sincerity ofthe President or his frmness
when he made that declaration. II is very much
like saying to him, we know you have told us in
your message that, in your opinion, the notice
should be given forthwith, but we can hardly think
you in earnest and will therefore empower you to
do II, when you really do get in the notion that it
ought to be given. The adoption Of the amendment
will certainly furnish very strong evidence either
that we question his sincerity, or that it is the de-
sire Of majority of this House that the notice
should be postponed, or that we are unwilling to
share with him any responsibility whatever Of the
consequences which may follow the notice. The
first inference would be unjust to that officer the
second would be contrary to the wishes of a major
iiy Of this House, and to manifest an unwingness
TO share with the Executive the responsibility Of the
notice and the consequences 70 which it may lead,
is exceedingly unkind in his political friends, and
looks very much like turning the "cold shoulder"
when ones friend is in crisis, and that, too
crisis into which those very friends have been i'm
strumental in bringing him. The democratic friends
of the President made the assertion of our title to
Oregon one of the cardinal doctrines to which they
pledged him before the people; and now, when he
forward to take the first step necessary to re-