The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-02

however that as the convention provides for the
) ee the case stands the same footing as il Grea
Britain had, by an act Of hostility bad faith, made
Il void that the giving Of notice requires negota
: ton, and can only be properly ordered by Con
gress. This, | understand 10 be the principle Of
: the argument which deduces the power from tbs
0 right Of making very brief statement Of the
facts fully exposes the difference in the cases. Not
wIthstandlng the notice be given, still the CONVEX
ton 10 TO continue In force for the twelve months
7 pending notice, as part Of the public law. Con
gress Is assuming 10 repeal apart of ths public law
not void treaty, no longer binding as part of the
: municipal law. The pacific relations OF the two
countries to be continued, existing treaties 10 be
observed, except as modified by this notice.
& Is not the notice, therefore, in the nature Of q
negotiation TO modify existing treaiiesi Were the
notice not provided for in the convention ITSELF
; gOtiaton would be the only peaceful mode by which
the convention could be terminated, In which the
consent each OF the contracting parties would liz
necessary. ls being provided for varies the case
only so far, that the consent Of one party 10 the
abTogauon Is pledged whenever tho other party, up
on twelve months notice, shall require il, Clearly
this Is negotiation, and belongs TO the tresty-makng
J EoWer. because it 10 fact makes new treaty with
4 Until within recent period such seems to have
been the opinion entertained. Such certainly, was
the opinion late the first session Of the last
Congress. The Committee on the Territories,
at the head Of which was a learned and dstin-
session. IN their report accompanying bill 10 or
ganize some system OF Law in Oregon, hold this
language in reference TO the proper department Of
the government TO give this notice.
Any possible neoRveneness snsins from the eontnu
anet OF the convention Of 1877 not anticipated ~ the
committee and Doubtless will be looked to by the EN
ecutiVe who any time abTogais the by giving
the notice contemplated in IT, The giving Of that notice
being matter Of treaty supu ton belongs. perhaps ex
elusiyey 20 the Executive whose province there
OCCASION and the committee have no inclination 10 in
tTude ~
Many reasons might he given why, so long as a
treaty Is suffered to continue questions respecting
negotiation should not be sgitated by this House.
Throwing such Quest before the people, through
the discussions here, converts the people and the
House Of Representatives into negotiators in dero.
gallon Of the constitution, and in derogption Of the
rights and duties Of the Executive and Senate, to
whom such del cate and often complicated matters
are wise " submitted.
While these are my opinions as to the authority
Of this House to pass this resolution of notice,
have as little doubt that advisory act, we may
| speak the voice Of the people. We may give such
advice, or we may withhold il. We may say TO the
Executive, II you so conduct the important matters
committed to you as To continue this treaty, it will
or wall not be wise and prudent; and If yos abro-
gate il, it will will not be acceptable in our opin-
ion, 10 those whom We represent. Such has uni
formly been the practce Of tho House. During the
first two administrations, il was customary vote
response, in the House, to the annual mes age OF
tle executives anu, lhOuSn thls praclee Afterwards
fell into dIsuse, the House has never failed 10 give
an expression Of opinion by way Of advice or an.
| swer, whenever a suitable occasion seemed TO de-
mand II. But protest against the attempt on the
part OF the House To abrogate treaty by legisa-
ton, unless it shall first be shown that violation Of
the treaty has been committed by the other party;
or, when its observance is ruinous that war itself
would BE- preferable. Then, under the power to
make war, Congress may perhaps assume the re-
sponsibity Of the abrogation, because we would
thereby make war by presenting easus b,i to the
other party.
All the resolutions which have been submitted
whether original or those proposed amendments
| except those presented by my colleague, Mr.
BLACK propose legislative action. In form, they
assume to confer authority, and impose the duty on
the Executive to give the notice. They pre sup
pose want of power in the President and Senate TO
give this notice With these views were to con-
cur IN the expediency of the measure, still would
be- unable to vote for any OF the resolutions before
the committee, exec 1T those Of my colleague.
| will now invite the attention of the committee
10 the second proposItIon-the inquiry as to the
pediency Of the measure. With all the patience,
and candor, I'd diligence of research which the i'm
| portance OF the subject merits, and under a full
sense of the responsibility of my situation, have
abored since the commencement Of the session, to
examine the subject in strict reference to my own
duty and the good of the country. When uues-
ZION arises between the United States and Great
Britain, am always under the necessity of school.
ing myself before approach its examination. Ma
tonal prejudices probably unphosophical as
anti-CAristan; yet, under lons and continued causes
OF irritation, they are not easily subdned nor readi-
ly disregarded. | confess there is an hereditary
hate which still fingers, not only in my own breast,
but also in the breasts of hundreds of my costit,-
ents, against the British nation. In the war Of the
revolution, my entire congressional district an
extended battlefield. From Georgetown to Che
raw, not neighborhood, and scarcely family
mansion, was without its incident of danger and
distress. In the swamps and in the open plain, by
the household affairs and fresides, in the presence
and under the encouragement, mingled with trep-
dalton, Of wives and children, there were deadly
strifes between the subjects of that power and
the ancestors of those whom have the honor
to represent. Under Marion, and Kab, and
| Conway, and Thomas, and hundreds more
whose military deeds would add lustre to the
pages of the history of any people, the glorious
\ Of freedom was waged with sanguinary and various
success. With the exception Of Marion, they have
all found the grave of historic oblivion, for want of
writers TO record their achievements
They had no poet--and they died.
| But the interesting family legends Of the region
preserve pous record Of their services and suffer-
ings and perpetuae, almost in defiance of our reli-
gion, the name of Britain synonymous with
enemy. Subsequent causes of irritation have been
multiplied in the aun's and offensive policy of our
ancient foe, which have provoked u love for our
preudices despite the persuasion of our interest,"
the sweet suggestions of charity TO better feeling.
Sir, we fully appreciate the evils of war; and its
more than ordinary horrors, when waged by such
stern and powerful belgerens the United States
and Great Britain would be. The sacrifice of life
and treasure, the stagnaton Of business and enter
prise, the suspension of all improvements in the face
Of the country and the arts Of life, the suierngs of
individuals and the distress in families, which the
cruelties of necessarily infct, the destruction
of property, both public and private, the maign in
| fuence upon the morals, both of the citizens and
the government, are some Of those evils. | turn
away from a description of its horrors The
glories of the battlefield are won amid the e-
gailzed cruelties Of butchery, and the laws Of
civilized warfare but feebly control the excess
es of passion, the wild brutality of an ex
cited soldiery. In full view Of its aggravated evils
however, when the government Of the country shall
End war necessary and just, and shall summon the
citizens to the defence of rights honor not
withsandmg the taunts which have been graiui-
tousy cast upon South Carolina in this debate her
people will be found among the foremost in the
! hght-roused to the ianaticsm Of patriotism and
valor by a recollection OF their fathers deeds in
| arms and by natural zpnl tn avpnps everv urnnu