Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1850-08-30

II. BARNES, Black Creek, W ayne county.
VohNEY B. PALMER is authorized to receive advertisements
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aud Boston, and receipt for payment for the same
SPEECH of HON. VIM. $. AsHE,
On President FHlmore's Teras Message-delirered an
the u, s. House Of Representatives. on the 18th Au-
gust, 1850.
Mr.. ASHE, said Mr. Chairman it is as fortunate
for the acting President it is unfortunate for the
country, that his late communication to Congress on
the subject of our difficulties with the State of Tex
as is possessed of close and powerful affinity with
that agitating subject which has been we'll desert
bed 'whrling vortex" ingulfng every consider
alton of public business and public convenience. Its
influence is paramount, so controlling, that be-
lieve it is only when we called on to mourn for
the loss of some of our companions that enjoy a
respite from its cOntagion l intend no censorious
reflections by these remarks. No. sir, am ready to
acknowledge my full share of the censure, if any
should be deserved. MY constituents have their
rights under the Constitution, and of duty to
them has compelled me to use all the means which
either the Constitution the rules of business place
in my hands for their protection. This policy has
been denounced revolutionary: if it is it is yet
bloodless and being bloodless it is far preferable to
n sectional strife, to civil 1t is sort of rev.
Oution, the contamination of which involves not the
destruction of American liberty tits quiet peace
able remedy. have endulged in this episode, in
order to exOnorate myself from any censure which
the unrefecting might be disposed to cast my
conduct. will now come to the consideration of
the Presidents message and reiterate that 1t is for
tunate for him and unfortunate for the country that
it is possessed of an affinity with the great and lead
ing subject of Congressional agitation Sir is this
affinity which shields this communication pro-
tecting agis, from that burst of indignation which
its heightened Federal character richly demands
1t was remarked in my presence, few days SINCE
by friend of the present dynasty, that now our
country would be blessed with homogeneous Wing
administration" If by the term 5Whig, Federal was
meant, the remark was superhuGus, as this message
but too clearly shows the marks of Federal dy
nasty The arrogation of undelegated authority has
invariably distinguished the CT that party. 1t
bias never been in power, however emphemerally."
but that 1t encrOached upon the Constitution. | will
not detan the committee by an enumeration of its
misdeeds in this respect but will proceed to examine
the reasons which the President informs induced
him, in time of the most profound peace at time
when the Congress of the United States, {" the
declaring power" in session, to declare and
tablish the military authority paramount to the
civil authority to declare to sovereign State of this
Union. that if she attempted to execute her civil pro-
cess in territory which she claims as her property.
and portion of which she has in her possession, he
would oppose any such attempt by the use of the mi
litary authority of the U. S. This is the and
substance of the Presidents reply to the Governor of
Texas. The democracy of our country has always
maintained the subordination of the military to the
civil authority of the inestimable blessings of
constitutional liberty; and strongly has this sen
timent seized on the public mind, that to assert the
contrary would have supposed required more bold
ness, recklessness of popular feeling than has
fallen to the lot of any of our modern politicians but
in this suppositiOn | have been mistaken. Our act
ing President has most boldly enounced the military
dogma " inter arma legeS silent"
Sir, would be deaf to the voice of all history if
my mind did not entertain full conception of the
allurement of war the imag ination of the chief
Executive of great nation. Success in the field is
the neverfaing stepping stone to ambitious aggran-
dizement The patronage connected with its prose
o4,,1 oil
those passions which influence in lifes find
then and there free scope for their unbrldled IN
diligence Sir, state of strews the path OF the
ambitious with strong and irresistible temptations
These reflections have deeply impressed on me the
truth of an observation made by MIR. Madison /:
g. That the his CHEST praise you pronounce on an
executive officer, u.s. that he is the friend OF peace
The same distinguished statesman likewise informs
us: = That if free people be wise people, they
will ever bear in mind that their dangers can never
be great when the advocates of the prerogaves
of war can sheathe them in the symbol OF peace
Sir greatly apprehend that this is the source OF our
present danger. The President makes manifesto
ton of peace, but accompanies it with declaration
of war. War is made to wear the symbol OF peace
But am not disposed to cast uncaledfor ccnsure
him, let examine the facts.
AS | understand the position assumed by the Presi
dent, it may be thus stated By the Constitution Of
the United States it is made the duty OF the Pres
dent to have the laws of the Union faithfully execu
ted and as by the second section OF the sixth arl
Gle of the instrument, the Constitution and the
treaties made in pursuance thereof declared tt
be the supreme law of the land, they, he assumes
are to be executed through his agency. This posi-
ton being assumed as correct, the President CON
ceving that by the treaty of Hidalgo we stipulated
to extend to the residents of wlyacquired Ter
ritories protection of life liberty, and property,
becomes his duty as the Executor of these treaty sti
puatons to resist any interference made with thel
rights by the authorities of the Safe OF Texas
have endeavoured to represent the position OF tn
President fairly and justly; now let us examine tn
consequences he would deduce from it as it regard
his responsibility Is it true that the President
bound to execute the stpulatiOns of treaties indie
pendent of any action Of Congress giving him powe
to do so On the contrary, is not such COMPRESSION
al action indispensable to give force and vitality
such stipulations Treaties are the emanations
the executive power. The Senate in giving or with
holding its assent TO treaties acts quo al hoe nc
as q legislative, but as executive council An
now if the President is correct. there would nece
sarily ensue total abrogation of the Legislative d.
partment of Government. few examples will /
1ustrate this By the treaty already alluded to, GU
Government is required to pay to Mexico such an
mount of money in annual instalments. In case
the delinquency of Congress to make an appropri;
ton of money for this purpose, would the Preslder
deem himself authorized to draw the money from til
Treasury without previous law empowering him
do So to divert funds from any other source IN
der to preserve the treaty inviolate
According to the opinions avowed in this comm
nicatiOn, the President would not merely have
right but it would be his duty, to raise the necess
nv funds from the one or the other Of these exped
ents Again: By the treaty of 1912 with Great BIZ
tain, it is stipulated that criminals shall be surre
dered by the authorities of one Government to tn
of the other In case Congress should have failed