The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-04-23

WOuIu CONC iOf~ufu anu Tcncw again, VI ms Owh
accord, proposition which thus had been thrown
back into his face, and that too, without respectful
consideration The President would not do it If the
British government desired 10 reconsider the propo-
siton, let the fact be made known officially 10 the
PresdeRt, and an opportunity would doubtless be
afforded The giving Of the notice, Mr., p earnest
ly hoped, would lead TO that result IL would doubt
less be accompanied by suitable expressions, such
as became the President Of the United States TO
make; and il the British government had any idea
of settling the question as the President had pro
posed or on terms such he had substantially pro-
posed the fact would be made known, and the ques-
lion would be settled, But it, on the other hand, 20
such intention existed with that government, SGT
Element Of the controversy was out Of the question
The American people would never consent TO come
south Of the 49th parallel Of latitude; and Mr.. p
was willing on that supposition, TO prepare for the
worst Amer the notice should be given, and moth
ing done, he was ready and willing to arm this ma
ton and 10 prepare for the conflict He earnestly
hoped, however, that wise counsels might yet pre-.
, ssd. ''' '''' N'' "A'''' "'s"' -
These were the views Mr.. p. entertained of this
important subject and whilst he could readily yole
for the House resolutions, yet il he could have had
his own way, he would have preferred to have had
them slightly amended. He would, he said, amend
the second resolution by adding thereto the words,
"But on the contrary, the hope is entertained that
this long-pending controversy may yet be finally
adjusted, honorably and peaceably," II must be
obvious TO all that the second resolution has only
the effect Of qualifying the first to very small ex-
tent II excludes the idea that Congress intends by
the first to prevent negotiation for the settlement Of
the question: and its only purpose is to declare that
Congress does not intend TO Interfere at all, but
leaves the question TO be settled or not as the two
nations may choose. Now, Mr.. p. would 20 fur
ther and declare, he had stated before "But, on
the contrary, the hope is entertained that this long
pending controversy might yet be finally adjusted
honorably and peaceably;" not for the purpose,
however OF erOuehing TO Great Britain, nor the pur-
pose Of influencing the President, (for that was
unnecessary, as Mr. p, had endeayored to show
but for the purpose OF putting ourselves, the
Congress Of the United States, right in the eyes
of the world; so that il, unfortunately, u eonAict
should come, il would be apparent to all that i
was not Of our seeking. We are the war-makins
power under this government, (said Mr. P.,) and
for the purpose Of guarding our act in voting this
notice from misrepresentation and mlsconsuuction
by the world, he would amend the resolutions he
had indicated What has Great Britain done She
has, through her minister here, proposed twice 70
arbitrate this question. Were these propositions
made with any expectation on the part Of that gov
eminent that they would be aeeeded to by ours
None whatever. Similar propositions had been
made to Mr.. Adams and to Mr.. Tyler, during their
administrations, and had been refused, and it was
known to every 1ody here that the present ExecuI
tive would never consent to 1t. Then why was II
p!oposed1 Simply TO better the position of Eng
land in the eyes of the world on this Oregon matter
Should we then not see that we place ourselves on
proper grounds, if conflict should conner ! would
(said Mr. P.) deprive England of every pretext for
not settling this question; and If war should unfor-
tunateIy grow out of il, on her shoulders should
rest the consequences of it. She should not say, II
is useless to offer to compromise, the President
proposed to compromise; for he has Withdrawn the
proposition to compromise, and has claimed the
whole territory; will not do the foolish thing Of
making an offer which he is pledged not to accept
He would say, as the representative of the Ameri-
can people, we are yet willing to do what is right "
Itself and upon Englsnd's head shall be the coase
quencen Of doing otherwise. Nor should the Presi1
dent take any exception TO such an amendment az
he had spoken of Negotiation had failed in his
hands, and he had sent the matter to Congress. In
the concluding paragraph of the letter of Mr. Blu
chansn, in which, by direction Of the President, he
withdraws the proposition of compromise, he uses
the very language which he MIR. p } would like TO
use here If right for him to use it, IL could not be
wrong for to use it. But have no hope (said
Mr.. P.) of amending the House resolutions. The
minds of senators have been made up upon the sub
icct and have said what | have said merely to
show what would be willing 10 do. No injury
could result from doing it. The time for diplomacy
with this question has gone by. 1t has reached a
point at which il must be settled If ever it is to be
settled peaceably, and both Of the nations must be
far too sagacious not 10 seeard not to know IT,
word or two tsaid Mr.. p. to the substitute
offered by the senator from Maryland, mr. JOHN.
SON l for the House resolutions, and he would suffer
the vote TO be taken.
The senator from North Carolina, [Mr. MAN
GUM few days ago. made an elaborate argument
TO show that the legislative power of this govern
ment could not aunul treaty; and he said it was
not only his opinion, but that he had conversed
with eminent juriss, and they had concurred very
fully with himself. Now (sad Mr.. P.) i will not
say that the honorable senator is wrong but must
say have always thought very differently from
him. A treaty in this country, whatever II may be
in Others is knc of the land; the constitution of
the United States declares it to be the supreme lao of
the land and the courts Of justice administer it daily
as lao Of the land In other countries treaty Is
a mere contract entered into between sovereign par
ties, and is not executed by the Judicial power but
by the political power ofthe nations If, then, it be
a la,c with us, why may it not be repealed by the
legislative department. as other laws are repealed
by that department. In the same sense that treaty
is the supreme law Of the land is act of Congress
the supreme law of the land. If the one may be re-
pealed by act of the legislature why may not the
other asol 1t is true, treaty should not be abro-
gated for slight ordinary causes but for suitable
reasons it ought to be annulled Then how stands
the matter (sald Mr.. r. upon authority Judge
Story in his Commentaries on the Constitution OF
the United States, expressly declares that "it tcil
not be disputed that treaties are subject to the gsia
tine po,c err and may be repealed like other laos, or
they may be varied by new treaties" lfthis be so,
the matter would seem to be at rest.
Now (said Mr.. P,) question arises here wheth-
err we can egitimately confer upon the President
the power to abrogate this treaty a his discretion
by giving the notice. as the substitute proposes II
a treaty can only be abolished by the legislative
power or by the treaty-making power, can we, act
ing in Our Legislative capacity, authorize the Pres-