The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-04-09
SPEECH OF HON. A. p. BUTLER,
OF SOUTH CAROLINA

Delivered in the Senate March Ie 1853 on the Contra
American treaty concluded with Great Britain on tn,
l9th April, 1850.
Mr. BUTLER said: Mr. President, If this were .
gladlaoral contest between The from Illinois
AMI Delaware, might forbear entering into The discus
sion but topics have been discussed, doctrines avowed
and sentiments expressed from which wholly dissent
do not propose now 10 go into the questions which
have been raised in the discussion Of this subject itself
thought il unfortunate when the subject was first in.
uoduced BY the senator from Michigan Il has given
rise, in my deliberate Judgment 10 unpropitous discus
sion OF matters connected with foreign relations
Sir when delicate questions of diplomacy and OF our
relations with other governments snail become the sub
ect OF open discussion 10 this Senate-nay more sir
the subject Of political agitation and OF party issues-we
cannot hope TO be fsvoably regarded by that kind OF
Judgment which history Dictates and which is far supe.
nor in my opinion, 10 the ephemera opinions OF the day
heard the senator from Illinois with great interest," and
perhaps the ability with which he has spoken has in
some measure reconclled US to the discussion itself
whilst il has not vndcaed its original intro Iuctton
but heard him avow opinion from which wholly
dissent; and il was, "a understood hm-snd wish the
senator to understand ne, for intend to make nv prop
ositon ntelgloe, and 10 exempt il from the questions
manly at issue between himself and the senator from
Delawarel understood him TO maintain this proposition
that the Hise treaty, repngnant essentially in nearly al
ol Its provisions 10 The constitution OF the United States
and variance with The general usage of the govern
ment should have been sent by the President to the SEN
ale for ne cons deraton, and there to be moulded and
amended IN form as 10 single view enter
tanned by the gentleman from Illinois The treaty was
not only entered nto by without authority, but its
ene predicate - ~ ignorance and disregard of the
sin nonal powers OF this government
Mr.. DOUGLAS. will resiate my position. | stated
expressly the other day. and intended express the same
idea now, that when tue Hse treaty came To the State
Department, It having been executed without authority
the department was entirely at liberty either to withhold
Il or reject It uncondonaly, send il TO the Senate, as
u saw proper Ine rule "a understand IT, s, that when
treaty made 10 pursuance OF instruction. the depart
menl ~ under legation implied 10 the foreign power 10
send y here. When one Is made without instruction. il
may or may not send it. it ices proper and said il
The senator iron Delaware bad been in favor OF the
elusive privilege, aud ony objected 10 the deas of the
Hise treaty, Il his duty send the treaty here tha
the object. desired might be secured
Me. 81 TIER In that diler entirely from the SEN
aior itom Illinois, cardinal principle affecting the
iuncuonary agency OF this government. Tue President
OF The United States s exclusively vested with the 10
oil making treaties aud having them perfected by the
cutrence o iwO-hifds OF the Sense and, sir II is the
doy OF ihe President 10 send treaty down. entire
uealy without expecting the Senale to perfect for him
Mr. DOUGLAS. Will the senator allow me to make
my meaning inlrliglbe to him
Mr, butLtR Not now; because | am going on n
say further, that the President of the United States
my deliberate Judgment ought to have the se
treaty TO the Senate, for II contained provisions thai
could receive the sanction OF no, only no sena upon
ihs oof bu oi no iurist that read and uudersand
the constitution OF the United Safes lie dared not,
eotding 10 my Judgment have sent il here. suppose
The senator IRON Illinois will admit that there pro
visions wholly fepugnant TO the constitution 10 that trea
iy and they were essential aad leading provisions
constituting the staple OF the treaty they
Omissions or incidental objections. an not gong 10 en-
ter the contest which s carried between The senators
UaIied States that wish express my opinion upon hs
single proposition referred to- and consider Of car
dinsl interest and Importance and that may aHec
deeply the practical and constitutional workings OF thu
govefnment--confonnding The functions of one depart
msnt OF The government with those which properly be