The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-28
No. "a.

u
dress OF wrongs. But the President says that tho
beaty is law, and that he is bound to protect the
rights which II secures. But, sir, deny that the
obligations OF this treaty, or any treaty, weighty
they may be, which require legislation for their
proper execution and fulhlment, can be discharged
and performed by the President, unless he be first
! empowered by the necessary laws. i grant that
this Government by the ratification of this treaty,
assumed obligations towards certain Mexicans
which ought in good faith to be observed.
But 1t does not follow that the President is 10
sumo the discharge of these obligations himself.
The same treaty put under the obligation to pay
the Government Of Mexico twelve millions of dol
| lar5-that was as much the law of the land as the
guarantee OF rights now under consideration; and
yet the President, presume, would not dare TO
put bis hand into tho treasury and pay what 10 due
under that stipulation, without the authority of an
act of appropriation. In treaty with Great
Britain, in 1915, establishing, to extent,
cIpi ocity in trade, it provided that goods and
merchandise, and products coming from certain
British possessons should be admitted INTO our ports
upon good terms those extended TO the most
favored nations bringing like products This stpn-
| lation much the law of the land the obi
| cations to thcge Mexicans and yet it required
act Of Congress to carry it into effect and secure the
| rights under it-that is, to accommodate the COM
nercial laws Of the country TO suit the shpulatons
| of the treaty. The President could not have en-
forced the rights secured to British subjects under
that treaty by Executive order; neither the
present President fulfil the existing obligation TO
pay Mexico the balance of what is due her of the
| twelve millions, without the concurrence Of Con-
gress.
| No idea could be erroneous than to suppose,
because treaty is the law OF the land, that the
President can OF himself assume the fulhlment of
ats obligations when those obligations do not
upon him alone but upon the Government in all its
ACKNOWLEDGEMENTS, Judicial, and executive.
And that is the before u.s. The obliga-.
tons OF this treaty 10 the rights of ' liberty,
property, and religion on the part of the Mexi-
cans, rest not upon the President alone, but upon
the Government of the United Statcs--the a,D- max
ing, the Ialu- e4poundiag, and the lac srecutng
polDers conjointy. The law making power must
first speak. Laws defining rights and wrongs
must be first passed. Courts must be instituted 10
eXpound those laws, and marshals must be duly
appoiu ed 10 execute their mandates. And if the
execution OF the laws thus passed be opposed by
combinations too powerful to be suppressed by the
ordinary course OF judicial proceeding thus esab-
ished then, and NOT TIL then would the President
be justified, under existing laws, to resort to the
military force for the protection of the rights
cured by that article of the treaty BY the Consti
tuition OF the United States is expressly provided,
that cases arising under heaties\shall be deter
mined by the judiciary. The military, in this
country, by no law in your statute book, can be
called out IN time OF peace but III aid of the
ton OF laws in the channels Of the courts, in
sistance of the marshal in the discharge of powers
vested in them by law. If the President, therefore,
| shall, IN the Contln genCy he apprehends, use the
military forces at his command against the author
ities Of Texas, il will be without authority Of laio
daring usurpation OF power, and gross violation
Of the Constitution Of the United States.
Mr.. Chairman, one of the surest safeguards of
public liberty is, that in time of peace the military
shall be subordinate TO the civil authority And one
of the gravest charges brought against the King OF
England in that long list OF abuses of power emu
Z meratcd in our Declaration Of Independence, and
which lost him the American colonies, that OF
quartering troops in the colonies without the
sent Of the legislatures, and Of rendering the mil
Z itary Independent OF, and superior to, the civil
! power" Sir, this principle dates back anterior
even to that. II constitutes the soul and spirit OF
Magma Charta itself The old barons of England
at Runnymcde, in 1915, achieved for theinseves,
! their nation and mankind, no greater more inn
portant principle than that which compelled King
John TO grant that in all time 10 come within his
| realm
"NuIius h5er homo capiattT, eel iaprisoneftr, aut
dssGisidttu, Gt utiagetT, aut sruiettT, at aliguO
Hodo destriattu; nee super cum iJims super
rntftmus, nisi per leg0e yudiclun suorun, parittn
eel per logem terTG"
"No freeman shall be sei- ed or imprisoned, or dis
possessed or ott!diced, an any 0dy dsstyoyed
trtA condemn him. Jcii zoe commit him TO
prison, excepting 6y The iesdi judgment g has peers,
by nc taIes Of the land"
This principle has remained mistaken in Eng
land for upwards of six hundred years Our an
cestors brought II with them 10 this conti
nent The trainers of our Constitution reproduced
it, somewhat modified IN form, bat the same in
spirit and substance, in that great charter Of power
! IA which every officer OF thls government Is linn
;yd md controlled. The fifth article Of the Con-
| stitnti, \ OF the United States provides that
.,No ~, shall be deprived OF life liberty, or
property. y, ,thout due process OF law"
| The si,tb n, ticle is in these words
'In all Grimm u prosecutions the accused shall
enjoy the right TO = speedy and public trial by an
/ inp1rtal i9ry OF o., StS,e and district wherein
the crime shall have com. .htted tchich disbi ict
shsll have been preUioud dsccrta..'a oy ,a0 ana
TO be informed OF the nat ure and cause " "'o a'Cu
satiun 30 be confronted with the witnesses FaihsI
him to have compulsory process for obtain. "s
witnesses in his favor and 10 have the assistance
of counsel for his defence"
Now, sir, ask If a be rightfully shot
down by armed soldicry, IN pursuance OF an Tx.
ecutve order, foe doing what hc could not be even
indicted and tried for doing, much less convicted
/ Of any offence for doing, by any court code
known 10 the laws Of tne land! Can the President
righfully order the army to sheot citizens Of the
country IN time Of peace, who arc guilty OF no
crime, or a violation OF M law? Can man in this
/ country, by an order from the Chief Magistrate
] be deprived Of his life IN time of peace without
| due process Of law" Where there is no law there
can be no transgrcssiou You will observe, Mr..
Chairman, that am only considering this question
as IL stands-l have. a yet, said nothing bout
! what would be the condition of things If Congress
| should undertake 70 establish government for
! New Mexico this side the Rio Graudc. II courts
should be established there, and If laws should be
passed prescribing the manner OF determining by
judicial proceedings the rights Of Mcxcans residing
there, under the treaty, aud clothing the President
with power 70 call 10 the aid of the civil authorities
! the military force, in case the execution Of such
laws should bc resisted, that would present very
different question from the now before us. The
President has not invoked aid, ror asked US 10
| pass any laws that may be necessary 10 execute
] :. =
efficiently and rightully, nor has ho even asked us
/ TO pass any law TO enable hun TO the military
force OF the country for that purpose. He has sim.
| ply announced what nc intends 10 do in certain
| contingencies, without authority OF law.
| III proposition was before us 10 pass a law au-
thorzing the President 20 resist tic authority Of
Texas IN extending her jurisdiction in that part of
the country to which reference has been made that
would present the question whether there is any
! constitutional power in the General Government to
cocrCe one Of the States Of the Union. That is a
] ieh IN al Ia IL
now before us. II bill be brought in 10 confer
\ this power ON the President, then ! shall meet it,
hat was the distinct question presented in 1898 be-
tween this Government and the State Of South Car.
oiina. The position assumed by Mr.. Fillmore ia
/ far outside OF that assumed by General jackson
General jackson seems never to have dreamed OF
relying on the acts Of 7g5 and 1907, although there
would have been much more reason for his doing 50
IN that case than the present Chief Magistrate, in
the case now before Gs; for in South Caroline, IL.
were revenue and judiciary laws ia force. .ind in
case their execution had been obstructed, there
would have been much more iustihablc ground for
calling out the military force than there IL in this