The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-02
CONGRE SSIONAL.
SPEECH OF MR.. SIMS,
OF SOUTH CAROLINA,


IA he House Of Representatives., February 7, l846-on
the Oregon question.
The House being in COMMITTEES Of the Whole,
and having under consideration the report and
rsolutions Of the Committee on Foreign Affairs,
yilh the amendment proposed by the chairman
Mr.. SIMS, of South Carolina, said:
Mr. CHAIAaAsi After all tharhAs occurred ia the
,rOgresa Of this debate; after the repeated thrusts
bal have been made at the South generally, and
Iuon pA1uculaEly "A that poriion Of "a which tits
:, loaes IA para 70 seps<sens, q meg be sxpsc'ed
cno that In the few remarks propose 10 make on
his OCCASION something should be said in its yindi-
alton, and that should indignantly hurl back the
vOi.esed shafts which have been aimed al my con-
Lluents. o..
| regret exceedingly that anything should have
OoeuTed in the present discussion having tenden-
q 10 excite party or sectional feelings Truth, and
ruth only. should be the object Of every candid n-
ursr. This under the guidance Of patriotic motives,
VII lead us safely through every emergency OF public
,E.s. The peculiar obstacles which beset our way
hIs their origin in the indulgence Of passion and
psudice. IL there be obstacles 10 the public pros
srty more potent than any, or all others, they are
,Irted and angry passions, deep-rooted and bitter
wiudiees. No individual will easily find the truth
shen his path is beset with all those obstacles which
an be presented by these mighty elements Of error
The committee viii, therefore, excuse me from the
yAch have been so unsparingy cast upon that sec
bon Of the country. To those who are ignorant Of
our history, any statement Of mine would he Of
,nal avail; to those who acquainted with il, no
cher yindioalion IL necessary. In the war Of the
solutIon, in the war Of 1912, at all times, when
ss any emergency required their aid whenever
DOver either in arms or intellect has been required
m the service Of the country, the conduct and con-
nbations Of the South gene, ally, and the conduct
md contributions OF South Carolina particularly,
Aays been such az to need no vindicaiion at my
ahds, either Of tho State any Of her distinguish
Besides, IL Is derogatory TO truth TO patri-
aisn, and to the dignity Of debate 10 seek TO en-
JOy the agency Of passion and prejudice in great
nbject, like this, OF international eoncernnnent. I
lave learned better example even from scmi-bar-
sran Rome. One Of her own historians, in the
.se and direct dialect Of his times, has told US
ga; 6seOrdiaS stimulates hostibus sreretbani
ares cum eipibus de pertlie certcbant.
| Ii was not by mutual elimination and reorimina.
ton that the patriotic Romans, in the better and
arier days Of the republic, sought TO advance the
vublc veal; these were RESERVED for their enemies
n proper part Of the conduct of public war; but
. BY the spirit of concord, and by noble zeal and
,nuAton in the public service, rather, did they
snve for this high aim. In this enlightened and
CHRISTIAN age Experience too sadlyprov that even
10 an American Congress, on great national gues-
bon, gentlemen can be found who may probably
harm dictates Of civil policy and feelings of humani
. ITSELF from q semi-barbarian republic. Truth,
md the interest Of the country conformed to the
racples of truth and right, the objects which
se should look rather than to seek an engagement,
sectional or party vituperation, with the bowmen
md singers Of party who are wont TO skirmish in
our legislative assemblies,
The proposition submitted to the committee, in
he resolutions under consideration, is, Shall no.
tee be given to the government of Great Br tain
that the convention of August, 1897, between the
United States and that power, touching the territory
d0regon, will, at the end of twelve months, be
,hrogated' In its solution two questions must be
necessarily decided First. The constitutional pow.
the House Of Representatives to legslate in The
natter; and, secondly the expedieney Of the meas
us proposed. invite the attention of the commit
Ice TO brief and candid examination Of both.
In distributing the powers of the federal govern
m.n among the several departments, the trainers Of
The constitutions and the people Of the several States
Who ratified it. thought proper to confer the treaty
making power on the executive, not absolutely, how
ever but to be exercised t'by and with the advice
and consent Of the Senate" two-thirds of whose
members present are required to concur
1t was mooied question in the convention when
The constitution was framed, as it still is with text
writer's, whether the power to make treaties is, in
aucness, an executive or a legislative power In
Tie feudal monarchies Of Europe the power is gene
nly lodged with the executive in the ancient de-
nocacies of Greece and in the modern republics, it
hh always been claimed as legislative power. But
our admirably constitution il is divided
nas to be given in part to the executive and in part
ooae branch of the legislature. This distribution
81 the power, with tho check upon its exercise
which It secures, was made for wise and prudent
considerations, looking as we'll to the interests of
he country as to good faith in the observance ofin-
irrational compacts. 49,. OFF.
Sir, the question recurs, is the proposed notice,
" which treaty stipulation is to be abrogated,
which, according to the constitution, pertains to
aslegsa,ure, or does it belong exclusively to the
Matchmaking power9 -s. -. asss~'
Agentleman' from Ohio, IMr. THunMAx,l made
able and elaborate argumentto prove that it egit-
naey pertains to the Legislatures; and he cited au-
honty, both from the constitution and the action of
congress heretofore, to sustain his position. His
rierences regard as unfortunate and inapplicable
Ills first reference was tothe sixth article of the
'cnsttuton, the second clause of which reads"this
Constitution, and the laws Of the United States which
shall be made in pursuance thereof, and all treaties
made, or which shall be made, under the authority
Of the Upited States, shall be the supreme law Of
Inc land" II was commended, that because tfcaes
are here called laws--suprsme laws OF the land
sslslation is necessary to alter or abrogate them;
mat, like oil other laws, the legislative power can
alone repeal them. The fallacy Of this construction
sopparent if we look either to the enormty of Its
nau or to the object Of the article in the constu-
nn' w. because treaties are thus denominated laws
athe land the legislative branch Of the government
mas power to remodel or abrogste them, by the same
mode of Interpretation, it would have power TO mod
y,ehange, abrogate the constitution itself. This
Cher result must also follow, that when treaty is
once made and ratified and thus become incorpora-
ed INTO the law of the land the treaty making pow
can no longer modify or abrogate it by negotia-
uon but all subsequent action, either to change or
aofOgate it, must be by the legislature. These re-
sala are too clearly inconsistent with the provisions
the constitution, and too enormous in the
Isnon of power in Congress, to be tolerated for a
moment
The object proposed in the article quoted was not
confer, directly or by implication, any additional
power on Congress- but to prevent and guard against
conflict Of laws, and to secure good faith in the
execution of treaties This is obvious from the
concluding member ofthe clause itself, which pro-
feds, And the judges in every State shall be
POUND thereby, anything in the constitution or laws
Hany State to the contrary notwithstanding." The
power cannot well be located in this part of the
Constitution.
But the gentleman again supposes that the pow
y may very well be found in that grant which ena-
oes Congress ito provide for the common defence
and general welfare" If this gives us power to alb.
rosate treaty. we have power under il to do what
sver else we please In 1899, the venerable gem
,ueman from Massachusetts,, MIR. ADAMs,l made a
ong and able report on the subject of re