The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-08-22


1900, with his objections.
Mr. BENTON said This message rests on 1
principle older and deeper than the constitution o.
the United States, or Of any constitution that eve
| existed in the world. IL rests principle which
lies the foundation Of the social system and with
out which no community could exist. Ii rests OF
The principle that every community, while owing
protection TO each ofits MEMBERS is the Judge of the
measure and degree Of protection which il owes
and that in no case is the whole community eyel
bound to ruin or sacrifice itself for the sake Of .
part. This is the principle on which this veto mes
sage rests. On the other hand, the bill thus dsap
proved by the President rests upon the converse Of
that principle, and is bottomed on the Assumption
that the community owes absolute protection tC
each Of its members, and must obtain redress for
them for every foreign injury, or pay the damage
itself and the obligation TO pay these damages will
descend from generation TO generation until payment
Is made. This is false and ruinous principle un.
known TO any community in any age Of the world
and now, for the first tirne formally and perseyer.
ngly pressed upon the head of any government
President Polk is the first chief magistrate Of any
nation that has had an opportunity TO Ylndicate q
fundamental principle Of the social compact thus
vitality assaed; and he has done il in a way to ar
rest the evil and to the attention of The coun.
try. The eysnts of this day will open a new chap.
Ter in the science Of government and in the annals
of legislation, and open a question Of profound
depth. Ordinary principles Of legislation have no
relation to il. Constitutional law deep as il is is
too shallow to reach it the philosophy of govern
men is alone adequate to its soution and in coming
to its consideration every senator must carry him
self back TO the origin Of socety-lo the institution
ofthe social SYSTEM and look deep into the funda-
mental principles upon which society is formed.
In state Of nature every man is the protector of
his own person and property, and the judge and
avenger Of his own wrongs. When he comes into
society the community becomes his protector,
judge, and avenger For his protection at home,
they establish laws, set up courts Of justice, and
appoint judges and officers. For his protection
abroad, they form treaties, send out Minister'S APP
point consuls and distribute ships Of war over the
ocean. In the Of foreign injury, they de-
mand redress; in extraordinary cases they go to
war. But, in all these cases, the community be-
comes the Judge, as well az the instrument, OF his
redress. 1t judges, IN the first place. whether he Is
entitled TO any redress at ALI and, IN the case Of
foreign power, (for come at once to the point in
order TO avoid an essay on the general principles Of
the social compact that question being decided in
his favor the mode and degree Of the protection or
redress which the case requires becomes the next
consideration. simple demand for redress il the
hrst step. demand, backed by preparations for
war, where the injury is large, comes next. Quasi
war, that is to say, abrogation Of treaties cessation
of Intercourse, exclusion from ports, letters Of
marque and reprsa, hostile attitude, is the next
place But, in all these steps, the community is the
Judge, both of what the case requires, and of what
itself will do; and IN every stage Of the process
is competent for the community TO stop and say,
We have done enough. The whole community are
not bound to struggle forever, or to fight forever
to obtain redress for any Of its members. They
have right to their own peace and happnessj and
when they have done enough, they may say So and
quit. Old injuries may be given up, with or
without consideration. Old scores may be rub
bed out; and what the community does is
final and conclusive The unredressed members
pocket their lossi the community also pockets its
loss in the taxes has paid the debt it has created
and the citizens II has lost in There is loss all
round; and upon no principle ran the community
become insurer on indemniher in any case The
injured individuals have had the benefit of the social
system. The strong arm of the whole community
has been stretched forth for him; and it is not for his
passions or selfinterest say when that arm should
be withdrawn. III otherwise, an individual, JOIN
ing a community, becomes its master, not its mem
Der. If the whole are bound 10 struggle and fight
for one until he has obtained redress, or pay the
damages themselves then the whole community are
put at the mercy of each member; and ntermlnabe
wars, or rulnous assumptions of damages for for
egn injuries, become the only alternatives. Such
alternatives would overload the community; they
would break it down under wars and debts; they
would dissolve it.; and, therefore, such principles
have never been admitted. To give protection
far as is convenient and proper; to surrender and
abandon what IS unattanable; to make peace when
war is unavaing, or too burdensome to forgive and
forget and each to pocket his share Of the oss
these the prlnc pies of the social compact; and
by these alone can any community exist.
These are the principles on which men form them
selves into community; they are the principles on
which our own community rests; and now let us
apply them to the present case, and what right
these claimants have to demand FIVE millions of dol
lars from the present generation.
The injuries to our commerce, for the satisfaction
of which this bill provides, commenced in the year
1893, with the commencement of the war between
Great Britain and France, and continued till the
treaty with the first consul, signed on the 30th Of
September, in the year 1900. Seven years were the
period of these depredations; and seven years of
more extraordinary exertons for the protection of
the means of protection were resorled to-embas-
and naval preparations-taxes-
loans-etters of marque and reprisals--convoy
to merchant shlpa-excluslon of French vessels
from ports--a non-ntercourse with France
the condemnation of her INSTRUMENTATION upon
her citizens, &c. And, in the month Of July,
1898, Congress cut the last cord of friendly
intercourse with France by passing soemn act
abrogating all treaties with her, and placed the
two countries in a state Of actual hosttes. The
famous combat Of Captain Truxton, in the United
States fmgate Constellation with the French frigate
Z
although the most signal, by no means the only
instance of fierce and bloody collision between the
French and Americans Of that day. Besides the
extraordinary embasses--the military and naval
loans and taxos-were immense,
and almost incredible for young nation of five mil
lions of people Between the year 1893 and the
complete restoration of friendship with France in
the spring of 1901, the appropriations for the army
were above twenty millions Of doars-those for the
navy exceeded fifteen mons--the authorized loans
were about twenty-five millions of dolurs---dues
on imports were increascd--dreet taxes were laid
the stamp act and excise made their appearance
among us. The statute book, from 1893 to March
4, 1901, is thIcky sprnked over with acts for these
taxes loans, and appropriations; nor did they remain
dead letters upon the book. The taxes were col
lected-ships Of war we're built--the regular army
was augmented--a provisional army of ten thou
sand men was Washington was called from
his retreat to take the command-ships Of war con.
voyed the merchantmen. At home the tax.gatherer
entered every house the excseman was abroad
the stamp-master reailed his little bits of paper-no
contract between man and man was good for more
than twenty dollars unless on taxed paper. Such
were the burdens which our fathers bore for seven
long years to protect these claimants, procure re.
dress for them; expenses and efforts almost incredi.