The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-03-09


Is limited only in the SriginGtion of laws, and thai
only in the instance Of treaties but has pensry pow
er 10 atrogats all laws, whether existing IN the form
Of treaties or Of legislative enactment, subject, Of
eourse, TO any rights which may have been legally
vested under them
epe that Congress in 1893, abrogsted the treaty oil
l'smity and commerce." and the treaty Of "a'
ance. y between the United States and Louis th6
}, XVI king Of France, Of February, 1893. This
act after recung the causes inducing IT, is in these
words
BE snlrt,d BY the SsHa's and House Of Rsprs,rlfiUS
NJ UHRsd States 0f -4asrieS IN Congress ssssahisd
fhst tho United States vi right free aud eXOnsraed
from The .pulsons Of the iTs.iiI' and Of thu e0Ranla
States and France and hst thu same shall not henesioh De
regarded legally obligatory on the soyernmsnt or eit
Iens oflhs unltrd slGtsi'
| Il is submitted, however, whether the President
and Senate can by treaty abrogaie a law Of Con-
gress. Their authority being special and forming
an exception TO the general Legislative grant, IL ia
| perhap s more than doubtful whether they SUI
persede a Legislative enactment. The power Of re-
peal may not be reciprocal between the treaty and
law-makisg branches Of government Again cOri-
gress may declare ,ear, and graat Letters Of narqas
sssd repyisai" This power evidently rarres with II
that OF annulling treaties for war and treaty Of
amty cannot exist between the same parties at the
| same time.
Convenience Il is true, Mr.. Chairman, might elect
the President and Senate the more appropriate
agents TO make treaties; bot the interests Of the
country and the safety Of It's institutions would be,
no doubt, as well subseryed by vestng coordinate
power 10 annul them in Congress. For such a
purpose such n Judgement Of power would doubt
less be safe and udieOus as IN the more RristO
| cratcal and less responsible combination OF the
| President and Senate. Abundant evidences Of the
truth Of this assertion may be found in the history
the country. One instance will here MENTION
reserying others for place in another part OF my
| speech. Congress passed a law IT. March, 1882
authorizing the President "tO employ At his dis
cretion, the entire naval and military forces Of the
United States and any portion Of the militia Of the
United States" and also place at his disposal Sl0,-
900 000 to enforce by arms, II necessary, right
TO exclusive Jurisdiction over that part ofMsne then
in dispute between Us and Great Britain. Yet in
August, 1912, a treaty was concluded by the Pres.
ident and Senate with that power, which nullifed
the patriotic decree Of Congress; which dsmember.
ed Maine and MnSsachu sets OF 3 GOT 500 acres Of
free SOIL which transferred portion Of the free cili
zens Of the United States, without their consent, TO
n foreign monarchy; which lost 10 us the mountain
range won by the revolution, and retained by the
treaty Of peace Of 1888, a barrier against nvn.
sion and which exposed our northeastern frontier
10 the frowning batteries and formidable armnments
Of contiguous rival from Lake Pohenagamoc on
the northeast 10 the Lake OF the Woods on the
northwest. From these considerations | am, cir,
in favor Of rrp,a-yes legislative repeal Of the con-
vention. | am in favor OF this measure, because in
the form il is proposed, it will tend in itself 10 i'm
pose wholesome cheek upon the treaty-makng
power; because il will bring the President and SEN
ate closer, and render them practically more respon-
sble 10 the people; and because too, the President
has recommended in his late message that "provis-
ion by law be made for terminating it."
Democrats Mr. Chairman, should be ever active
and vigilant in preserving the checks and balances
Of free government; they should remember that the
"price Of liberty is eternal vigilance" that the adj
vances OF power are as nsldious as they danger
Gus. When we recur to the history Of the world,
we find that mankind have been divided into two
great political parties in all ages the party Of The
many and the party Of the ts,o-the party ofjustice
and equality, and the party Of privilege and prvi-
legged orders The party has struggled with dis
interested benevolence restrain the excuses of
power, by diiiusing 1t among the masses; the other
| has endeavored with proud and perseverng sell
fshness to render il ponsbe, by rating
in a small compass, and placing it above the peo
pie. Need recur TO examples to prove the truth Of
this assertion touching incident occurs in Me
buhr's History Of Rome, which ] will repeat in the
eloquent and graphic language Of the historian, as
equally curious and instructive. In the latter days
of the first period of Roman monarchy, closing with
the reign Of Tarqun the Proud, the plebeian order
were treated as mere machines-liabe TO be used
abused by the patrlcians to almost any purpose
their selshness or rapacity might dictate; they were
liable be required to fight the battles Of their
try yet denied even lands for their habitaon in
the territories conquered by their valer; the profits
Of war were appropriated the spoils of victory by
the pairicians they denied the right of appeal
under the Vdieridn lar, from the unjust and cruel
judgments Of the consus upon the issues of life and
property; and moreover were liable TO be sold into
the degrading and revolving slavery for debt.
These accumulated expressions and outrages the
plebeians had for many years struggled in vain to
throw off. Ultimately, however, spark set fire to
| the infammable material, which, klndfng into the
premonitions of civil war, served for to
afford them a respite although, as they thought, a
permanent protection against tyranny.
IAN old man. W no escaped his creditors prison
in squaid rags pale and famishng, with haggard beard
and hair cried in agony to the Qures for help crowd
gather around him; he showed them the bloody marks
his inhuman reatment he told them that alter having
fought extraordinarily battles. his honse and farm yaru
had been plundered and burnt by the enemy the famine
during the Etruscan had compelled him sell his all
he forced TO borrow his debt through usuy hsd
run i'm TO many times its amount; whereupon his
creditors had obtained Judgment against him and his
sons and had put them In chains. Dfgured his ieh
lures were many recognised brave captain; compassion
Indignation spread uproar through the whole CITY, anc
the taken TO compose the internal dssension
gave birth to an institution of nature wholly peculiar
which spread the majesty and the empire Of the Roman
people, and preserved for time the republic from rvou
lions and tyranny mean the hibunae"
This was the glorious achievement OF justice ont
lhumanity--of right over might--of the suffering
many over the scheming few. But the triumph wa,
soon shorn of much of its fruits The patricians
anticipating the necessity of making concession tc
appease the crushed and lacerated Multitude had al
ready contrived the of partially re.enslavine
them Awaiting themselves of a conjuncture II
the previous struggle favorable to the authority
f Of one man, a dictator was Observation-Disclosures
above the laws, the senate and the people, who II
turn lent the desporic authority Of his office TO tn,
patricians. The same historian, writing of TIN
, officer, says:
The object aimed in the institution Of the dictatorship
the Valerian laws and TO establish the un
limited authority of the patrcans the plebrlans ever
within the barriers and the mile oil their liberties for th
appeal to the commonay granted by that law was ron
OF the consuls from that OF this new ma
gistrate"
1t was also established for the purpose Of concen
tratng in the hands Of one man greater contro
over the issues of peace and war, and the genera
subjects of International arrangement. And thus
by trick and craft, was tyranny restored IN new
not from the temporary character of this Office, ii
so permanent a form.
Other examples to the same effect not wanting
Venice, that figured more than thousand years
the wonder and rival Of the independent State
Of Europe, originated democracy, nccaimiog he
laws through the coneio Of the people, and Ofe
various political vicissitudes fell hrurdcss, cruel
A al, do