The North-Carolina standard., 1850-09-18
SPEECH OF MR.. VENARLE.

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SPEECH OF MR.. VENABLE,
Delivered in the House Of Representatives Of the Uitee
States, august Is, 1850, ON the Isras and Ne,.
Merico Question.
The House being in Committee of the Whole or
the state of the Union and having under considera
ton the Civil aud Diplomatic Appropriation Bill
Mr.. FENABLE said Mr.. Chairman: I had in
tended to address the committee upon the Bill fol
making appropriations for the civil and diplomatic
expenses of the Government and apology is due fo
my change of purpose. have never before discuss.
ed any other subject than that which the committee
had Immediately in charge. But the course which
this debate has assumed, and the high and vital is.
involved in the principles, we'll as the policy
foeshadowed in the late message of the President i'm
press my mind with the necessity of pursuing this
subject until its importance shall have been fullv de.
veloped. Objectionable the appropriation bill un.
der consideration is, there will be another oporunity
whilst considering it in detail, to expose it's enormi.
ties. Ii there was no such occasion to occur, few
millions improperly appropriated is small consider
alton compared with the mschefs resulting from the
assumption of power set forth by the Executive in
the message relating to the boundary of Texas.
shall not repeat the eloquent and impressive re-
marks of the gentlemen from Georgia, (Mr. Stephens
and Mr. Toombs.) Those gentlemen, as well as my
friend from Virginia, Mr.. Seddon,) have elaborated
the argument against the doctnesof this message in
most mastery manner, and l shall content myself
with ndosing their conclusions, far as they refer
the elements of despotism which are to be found in
the Executive assumption of the judiciary, in addi-
ton to those powers with which he is clothed by the
Constitution. The statues of 1895 and 1907 present
acase in which the military arm of this Government
may be used for the execution Of the laws of the
United States; but it is case in way resembling
that to which the President refers in his message.
Both of those acts, which shall presently read re-
fer to state of things where the civil power has been
unable to enforce the laws and last resort, hen
the marshal and the posse have failed, the Executive
may ntepose. 1t will be in the debates attend
ing the passage of the act referred to- that during the
whiskey insurrection in Pennsylvania when the ne
cessity for the interfere of the Federal Govern
ment grew out of an open rebellion, Congress even
then refused to give general power to the President
to nterpose with the military arm. That proposition
was debated and rejected. and the present law was
passed. Gentlemen feel the pressure of this fact,
when they fly to the general provisions of the Con-
sIruton to justify this interference. saw that the
asute and able gentleman from New York, (Mr.
Duer.) to whom l always listen both with pleasure
and instruction, felt the pressure of this difficulty,
and considered the Constitution in broad and un-
restricted construction of that instrument, for the
power and the consequent duty of the President to in
tertee in the indicated by the present Execu
tive under existing circumstances. The statute of
1875 is as follows:
whenever
be opposed the execution thereof obstructed In any
State by combinations powerful to be suppressed by
the ordinary of judicial proceedings, by the
powers vested in the marshas by this act shall be
lawful for the President of the United States to call forth
the militia of such Sate any other State States
tar as may be to suppress such combinations and
cause the laws to be duly executed and the of the
militia to be called forth be continued necessa
ary until the expiration of thirty days after the
mencement of the then next session of Congress"
The act of 1907 provides
That in all cases of nsurrection or obstruction the
laws either of the United States oany individual State
Territory where it is lawful for the President Of the
United States to call forth the militia for the purpose of
suppressng such nsurrecon of causing the laws to
be duly executed shall be lawful for him to employ
for the purposes, such part the land naval for
of the United States shall be judged necessary,
having first observed all the prerequisites of the law in
that respect
1t will be at perceived that those statutes do not
give the power claimed but are distinct declaration
that the military is, in time of peace, anciary
and subject to the civil power. From that broad
construction of the Constitution which used to be the
party line which divided the politicians of this coun-
try, the gentleman has sought to protect the Presi-
dent from blame. l would only inquire, if this be
tue-if the power was to be derived obviously from
the Constitution, and required legal grant make
it operative, why was it deemed necessary, in the
full reign of Federal party power, in the hour of tr
umph to Federal doctrines, in Ammo Domini 1895,
just preceding the enactment of the sedtion law, that
such should have been thought indispensi-
bic enable the President to suppress rebellion and
execute the laws? There never was a time when
dominant party had more thorough belief in the un-
limited powers of this Government under the gener-
al powers of the constitution 1t for these doc
trnes and these opinions that the old Federal party
was rebuked by the public voice, and have been gen.
orally out of power ever since.
These are the statutes to which the President re-
fers which weigh upon his conscience, and indicate
to him the duty of coercng the government of Texas,
should 1t have the temerity to claim the boundaries
by which they came into the Union, to which they
have made continual claim; which were ackaowl-
edged to be valid by President Polk, who began.
prosecuted, and terminated the Mexican war for
tfesPass on the SOIL OF Texas and who commanded
the military occupant of the territory east of the Rio
Gande to surrender it to the Jurisdiction of Texas If
President Fillmore can decide the question of boun-
dairy, the late President Polk had equal authori-
ty; and although principle on which case
decided may be overruled, it would be some-
thing for court of equal jurisdiction to reverse
a case and eject party placed in possession by a
former decision of the same tribunal. This is assn
ming for the President the right determine and to
execute his own desires. Texas claimed the bound
ary of the Rio Grande. President Polk did not claim
the right of possession for this Government. Hehad
expelled the enemy Of Texas and the United States
from Texan territory, and surrendered it to Texas as
any portion of any State in the occupation of hos
tile force would be. restored when that enemy had
been driven back. Mr.. Polk asserted no conflicting
Claim. The President now has decided against the
"'ie OF Texas when Texas has not been heard, and
upon an assumed jurisdiction Of the case. 1t is for
''ls reason tEat the gentleman from New York
tor Justification in the general powers confer
Ted by the Constitution.