The North-Carolinian. [volume] (Fayetteville [N.C.]) 1839-1861, 1850-09-07
ny VIM, II. BAXNE,

/ l
she attempted to execute her civil process
in territory which she claims as her pro-
perty, and portion Of which she has in
her possession, he would oppose any such
attempt by the use of the military author-
ty OF the U. S. This is the sum and SUBJ
stance of the Presidents reply to the Gov
ernor of Texas. The democracy Of our
| country has always maintained the sub
ordination of the military to the civil au-
rhorlty as one of the inestimable blessings
OF constitutional liberty; and 50 strongly
has this sentiment seized on the public
mind, that to assert the contrary | would
have supposed required more boldness,
more recklessness of popular feeling than
has fallen to the lot of any of our modern
politicians; but in this suppostion have
been mistaken. Our acting President has
most boldly enounced the military dogma
IS inter arnaa leges siIent.'
| Sir, | would be deaf to the voice of all
history if my mind did not entertain full
conception of the allurement Of war the
Imagination Of the chief executive of great
nation. Success in the field is the never
falling stepping stone to ambitious aggran-
diZement. The patronage connected with
its prosecution is grateful to the human
heart, and indeed all those passions which
influence us in lilies career, find then and
there free scope for their unbridled in
diligence. Sir, a state Of war strews the
path Of the ambitious with strong and ir-
resistible temptations. These reflections
have deeply impressed on me the truth of
All observation made by MIR Madison:
''Inat the highest praise you can pronounce
on an executive officer. is, that he is the
friend Of peace The same distinguished
statesman likewise informs US: That if a
free people be wise people. they will ever
bear in mind that their dangers can never
be so great as when the advocates of the
prerogatives Of war can sheathe them in
the symbol Of peace" Sir, | greatly ap-
prehend that this is the source of our pre-
sent danger. The President makes a
manifestation of peace, but accompanies it
with declaration OF war. War is made
to wear the symbol of peace. But as am
not disposed to cast uncalled-for Censure
on him. let US examine the facts.
AS | understand the position assumed
by the President, it may be thus stated :
By the constitution of the u. S. il is made
the duty of the President to have the laws
of toe Union faithfully executed; and as
by the second section of the sixth article
of the same instrument, the constitution
and the treaties made in pursuance there
of. are declared to be the supreme law OF
ecuted through his agency. This position
BEN" assumed correct. the President,
conccivlng that by the treaty of H'dalgo
we stipulated to extend to the residents OF
our uewly y-acquired territories protection
of life. liberty, and property. 1t becomes
his duty as the executor Of these treaty
stipulations, to resist any interference
made with their rights by the authorities
Of the State of Texas. | have endeavored
20 represent the position OF the President
fairly and Justly; now let US examine the
consequences he would deduce from it as
it regards his responsibility. Is It true
that the President is bound to execute the
stipulations of treaties, independent OF any
action of Congress giving him power to d.
, so? On the contrary, is not such congres
sional action indispensable to give force
, ard vitality to such stipulatlons? Treaties
. are the emanations Of the executive power
The Senate in giving Or withholding its IS
sent to treaties. acts ''quo at hoc,' not as
, a legislative. but an executive council.
And now, if the President is correct, there
would necessarily ensue total abrogatior
Of the legislative department OF Govern
ment. A few examples will illustrate
this. By the treaty already alluded to,
, our government is required to pay to Mex.
leo such ar amount of money in annual in
+ stalments. In case of the delinquenc,
{ of Congress to make an appropriation o
| money for this purpose, would the Pre<'
dent deem himself authorized to draw the
money from the Treasury without a previ
Gus law empowering him to do SO. or tt
' divert funds from any other source IN or
der to preserve the treaty inviolate?
) According to the opinions avowed in thi
e communication, the President would no
V merely have right, but it would be hi
;. duty, to raise the necessary funds from
Y one or the other Of these expedlents
a Again: BY the treaty of 1912, with Grea
: Britain. it is stated that criminals shall b.
. surrendered by the authorities Of one gov
Nnment to that of the Other. In cas-
y Congress should have failed to authorize
; by law the execution Of this article, coui'
o the President have assumed the right t
: execute it by his own power? Was no
;, that article dead letter until Congress
: authorized its execution?
= | will cite but another instance from
:. treaty stipulations, showing the absurd't,
of the Presidents views. BY the nintl
article of the treaty Of Hidalgo, (the yer.
:. article which the President cites as author
y ity for his action,) an equal participation
q in the right of government is secured t
= such Mexican citizens as may elect t
q abide under our government. This IS on
+ Of the stipulations of the treaty which tn
e President has declared his determlnaf'o
e to execute by the aid. it necessary OF IN