The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-09
CONGRESS IONAL.
SPEECH OF Mr.. McCLERNAND,
or ILLINOIS,

The House bsing in COMMITTEES OF the Whole OF
the Stale OF the Union. January 3, 1876, upon tn
following resolution and amendment
N. C. J. IsesHsoLL reported from the Commit
y on Foreign Affairs the following resolution
wit; I'D ......r.
,Rs..issd BY s ss-4is snd ssss Of Rsyn.eniail-s.
..ss.s. ss,s. 5sss s.s.. cause So9, e
,sson between the United states and ores, Britain
ssraing ths lsroy Of Oregon Of August 1871 signed
ths tern oftwelve months from AID ssr the SAID motto,
s be gssn eoniornsby to the second article Of said
ssassntioH
To Which Mr.. HnLAnD, Of Alabama, offered the
fblloxin. amendment-to wit: "Strike out ths
words forthwith notice TO be given and inser
be empowered, whenever in his judgment the public
welfan may require IL, to give notice."
NJ. MeCLERNAND, having obtained the floor
addressed the committee AZ follows;
The objections The said) which had been taken to
he resolution had bsen made TO assume a two-fold
form first that Congress possessed no constiut ton
Alauthority TO enact such measure az lac; sec
ond, admitting such authority to exist that would
be inexpedient TO do 20. Dissenting from both oil
Atse objsciions, will, (said Mr.. Nee. y according
pths best OF my ability, endesVor TO answer and
.but tnsm.
Upon the question Of title to the Oregon territory,
Ihsve but little to say otherwise than incidentally;
that question is az far settled public opinion in
his country can settle il. The people, and the
government in all Of its departments which
have spoken upon the subject, have affirmed the
validity Of our title. Al the last session Of Con.
sess, | expressed my views upon the subject a,
large, and hope not without some success in elu-
eiiatng it. believed then, and believe now our
ule 20 be valid and exclusive; and assuming this
position to be true--to be sstabs hed-I will pass
70 the consideration Of the question Immediately
under consideration.
The third article Of the convention Of October,
lata h~tuveen he limited Statea Great RETAIN
provides
That any country that may be claimed ny either
party the northwest coast OF America, westward
ssr bsy and creeks, and the navigation Of ali liver.
within the be free and for the term Of years
to the vessels, eIens, and subjects Of the two powers
The convention between the same parties, Of Au-
gust, 1927, in its first article, stipulates
"Ali the provisions of the third article Of the con
and his Majesty the King Of the United Kingdom Of Great
britain and ireland, the Goth OF October 1878 shall be
tnssd IN force in the same manner all provisions
Of thessd article herein specifically recit-d"
The second article Of the latter convention pro-
vides:
ut shall be competent however, for either of the
contracting parties in either should think IT.
tins after the 10th October 1898 giving due notice Of
twelve months to the other contracting party to annul and
cordngy entirely annued and sbrosated after the expi
ration Of the said term OF notice"
These stipulations form the basis of the present
debate and have proved to be the source of all the
difficulties and agitatons which now perpex the
Oregon question. Jupiter, according to profane his
tory, jealous Of the gifts Of the rest of the gods
endowed Pandora with box, n token Of hope
and peace; but to the surprise of the donee and TO
the misfortune of mankind this emblem, 40 fair
and promising 10 the Imagination, proved 10 he the
source of all evil. From its contents scattered
ovor the world the seeds IF connlicated Ills
disease, strife, and violence. So, sir, with these
fatal stipulations adopted a pledge Of peace and
amty "to prevent disputes and controversies, they
have provoked controversy, and well-nigh plunged
friendly nations, against their consent into the hor-
rors Of war.
Let them, therefore, be rescinded-the sooner the
BETTER and particularly by the action Of the lao
making power. By such course, the parties, now
filtered and bound, will be RENTED to their orgna
conditions and thus left free to do whatsoever the
interests their honor, and justice may require. Blu
to this objection has been made, upon the ground
the incompetency Of Congress, under the constitu
ton to abrogate treaties. Treating of this point, thu
minority of the Committee on Foreign Affairs, il
their adverse report, say
"Te House by its resolution might declare that wa
form or or the ossT the President might or might
give heed to t. But has no PyDer originate OF 70 con
s sa ill., o r"s %'r se 70 5, t sT %
neither give withhold poper TO that end
II Is conceded that the concurrence oil the House in
resolution hill authorizing this notice. would not in
degree affect its validity But hs adoption by the tco dspar
m.ni, Of gor.rnmsnt IN he form Of hsisa'Ss groes.dlas
Povsr and IN this mode the incidental bat imporiont question
ah,th ne assent Of t.o,hrd Of the Senate wOd Dc nee.
AIRY might b. erndsd ooud also tend 10 break dorm
partition Of our government among ra,ou, branches by MIA
ing Up he House IN operation 'phch the constitution ha
b violation Of al prOp,i,iy IN form and without any t6se
pe hor,ty ortr hs subject make iey pqryt nj, p,
come so without t act is rendered so by the refusal
to arbitrs,e the controversy, and by his e
sinS further negotiation"
From these doctrines totally dissent. Even
thePresdent and Senate alone possess the power t
originate treaties, it does not follow that Congress
cannot abrogate them. This question refers itse
to two tests: as general proposition, to the prime
pies of political science as special one, to the cor
stution. In either point Of view, affirm the con
potency Of Congress to act upon the subject III
powers of government are usually aPportioned anon
three departments: the executive, which is charge
with the execution of the laws the legislative whc
is charged With the duty Of making laws; and III
judiciary, which Is assigned the duty OF expounc
ing and administering the laws. To neither one {
these departments, distinct from the Others does III
treaty making power naturally appertain--with n
one to the exclusion Of the others does it harmc
niously blend. Ii rests upon no positive authorit
which can give il an operative energy upon nations
sovereignty, but finds its sanction and efhcienc
in the necessities consent, and faith Of nations. II
as ,ohols, rather than with any Of its branches c
elementary divisions; it operates by contract an
binds by the canons Of morality. Wherefore, ther
CAN'T be properly classed with the executive an
morr than with the legislative or the judiciary {
with the latter any more than with the formeR Th
truth is the forms Of its erercs must be according
the principles and organisation Of the particular go
ernrnent.
The constitution Of the United States 80 Il
modifes this general principle a. to delegate an e'
elusive authority to the President and Senate
make treaties; but in another clause it in effect de
egates a coordinate power to Congress to abrogu
them. II declares that "the laws Of the Unite
States which shall be made in pursuance" Of III
constitution. sand all treaties made, or whic
shall be made, under the authority of the Unite
States, shall be the supreme lao Of the land
Treaties, therefore, are placed upon the same foo
ing Of other laws, and like them, are declared to /
the "suprems lato Of the land" What now is u
power Of Congress over the iacs OF the landl TT
constitution declares that "an legislative po,csrs her
IN sranied shan be vested in a Congress of the Unit
8iaissn Congress, therefore, by virtue Of this pr
VISION is vested with Legislative jurisdiction, linn
ed only by the terms of the constitution and u