Weekly national intelligencer., 1853-04-02

Mr. BUTLER said: Mr.. President if this were a mere
gadatorial contest between the Senator's from Tl;nos
ana delaware might forbear entering into the discus
sion but topics have been discussed doctrines
and sentiments expressed from which wholly d;ssa,t
do not propose TO go into the questions which have
Deen raised In the discussion OF this subject itself
~ unfortunate when the subject was first intro
duced by the Senator from Michigan It has pven wise
IN my deliberate Judgment unpropitious
Of matters connected with foreienreaons Sir when
delicate questions of diplomacy and of our relations WITH
other shall become the subject of open dis
cussion In this Senatenay more sir the subject Of no
tea AID of party issuesWe cannot hone IN he
avoraby regarded by that kind of Judgment which histo
ny dictates, and which is far superior in nv opinion to-
ehe epnemerai opinions OF the day. heard the Senator
from Illinois with great nterest and perhaps the ability
with which he has spoken has, in some measure recon-
ciled Us to the discussion ITSELF whilst it has not yndi
Gated IT'S original introducton but heard him ayow
opinion irom winch wholly dissent; and itwas un-
derstood himand wish the Senator to understand me-
Tor insend to make my proposition inteigbe and to
exemptlt from the questions mainly at issue between
mmself and the Senator from Delaware-r understood
hm to maintain this proposition That the Hise treaty
essentially in noary all provisions to the
Constitution of the United States and at variance with
the generausage of the Government been sent
by the President to the Senate for its consideration and
there to be moulded and amended in SO as to serve
one single view entertained by the gentleman from Ii
Hos Ihe treaty was not only entered into with
out authority but its entire predicate is ignorance and
disregard Of the constitutional powers of this
MT. DOUGLAS l will restate my position. I stated
expressly the other day. aud intended the same
idea now that when the Hise treaty came to the State
department. 1T having been executed without authority
the Department entirely ut liberty either to withhold
it reject uncondtionay or send it to the Senate as
IL saw proper The rule understand it, is that when
treaty is made in pursuance of Instruction the Depart
ment IS under obligation implied to the foreign Power
send 1T here. When is made without instruction it
may may not send it it sees proper; and said If
the Senator from Delaware had been in favor of the excu
sVe privilege and only objected to the details of the Hse
treaty. it his duty to send the treaty here that the
objects desired might be secured2
Mr. BUTLER. In that differ entirely from the Senator
from Illinois, as cardinal principle affecting the func-
onary agency of this Government The President of the
United States IS exclusively vested with the power of
making treaties and having them perfected by the
currence OF twohrds of the Senate and sir it is the
duty OF the President to send Treaty down. an entire
treaty without expecting the Senate perfect for him.
Mr.. DOUGLAS Win the Senator allow me to make nv
meaning Ineligible to him
Mr. BUTLER. Not now; because am going on to say,
further, that the President of the United States in my
deliberate Judgment ought not to have sent the Hise
treaty TO the Senate for contained provisions that could
receive the sanction of only no Senator upon this
hoor but of uris that read and understand the
Constitution OF the United States He dared not accord
ing to my Judgment have sent it here. Isuppose the
Senator from Illinois will admit that there provisions
wholly repugnant the Constitution in that treaty and
they were the essential and leading provisions const
ung the staple of the treaty they not mere oms
slons or incidental objections am not going to enter
from Illinois and Delaware 1t is as n Senator of the
United States that wish to express my opinion upon the
single proposition referred to, and consider of
dlnal interest and Importance, and that may affect
deeply the practical and constitutional workings OF this
Government-confounding the functions of depart
ment Of the Government with those properly petong
TO another In other words making the Senate which is
put the advisory part Of the treaty making power
q primary jurisdiction and responsibility. | take the
broad ground that the President ought to perfect the
treaty IN It's essential provisions, and such would
ceye the sanction of his Judgment before he sends it at
all 70 The Senate for its consideration and
and when 1t contains provisions repugnant to the Cons
tuition of the United States he should not send it.
know that the honorable Senator If he should ever occu
Ply that place. would not do it, yet understood him to
that the Hse treaty should have sent here that
we should have taken, amended and moulded it in such
way as to subserve the great objects contemplated
That could not be- according the organization Of this
Government The President has right to send any but
treaty that he approves. maintain the broad propo-
ston that the President Of the United States should send
the treaty down entirety and ask the Senate
ray 1t or not and amend in such way to make it
conform to the essential provisions which had received
the appreciation of the President But to send treaty
down here and ask the Senate mould it in such way
as to make 1t proper would be changing the whole func
on Of this Government, and would be dangerous nno-
yaon 1t would be something like the very innovation
which has taken place by this debatehe making of this
body the nitatory organ in relation matters of dplo
macy. Now what would be thought Of such procedure
this Suppose the President to send to the Senate
treaty with many provisions not having his appreciation
with recommendation that the Senate would take a
single provision of minor importance and graft upon all
other provisions that would make ii acceptable treaty
This would be- in my opinion inverting the organic ac
ton OF the Government IL would be devolvng upon the
Senate the function If making treaty and asking the
President to concur in it, Whereas by the Constitution
of the United States, he shall have power by and with
the advice and consent of the Senate 10 make treaties
provided twothirds of the Senators present concur"
From this IT is clear that it contemplated that the
Senate should be reviewing and concurrng body in and
OF treaty already made by the President
rose merely TO make this remark but sir | am
pledged in some measure TO my constituents to discuss
this subject fully not prepared to do it now be-
cause do not think ought interfere in such debate
as has been going Whilst shall forbear at present
from entering into the general topics Of the debate
allow myself to make one two remarks, and shall
make them in perfect Kindness to the Senator from -
nos DO not undertake to say that the expansiby of
our system is to be restrained by treaties do
to say that progress to be retarded in that way
Why sir, the progress Of human events is beyond the
absolute control Of any written law 1t unwise when
Lycurgus made code of laws which was never to be
changed and left his country with an Injunction that il
never should be changed. Laws stationary things
progressive. concede that much to the honorable
Senator from Illinois. But when / am told that the
United States civilized confederacy Republics are
to resort to the ordinary appliances of civilization to
conduct their concerns and intercourse with the world by
treaties and that they not to observe their obligations
that they will not be restrained by them but TINT the
aggressive spirit Of progress has other higher law than
the temptation of interest and policy do feel that II
that prevails we may grow fast but we cannot live long
Nations as well individuals must submit to the penal
ties Of ransgresson; and If the historian who Is 10
write the history Of this day Of the events which are
now transpring with such evenfu interest were 10 mass
his judgment, part of that Judgment would be that
whenever the United States in the spirit of the
spirit OF aggressive progress shall maintain or shall have