Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1854-07-18
TUESDAY MORNING., july Is, 1s54

of tLc iaw of nations; but treaty IL not law, in
IN, usual acccptatiun "t the term. Tile English
courts have held that treaty Is not a law. When Il
treaty is violated the ""':im" '"fi0 Is Tho remedy
when Inv is viuaicl c,nrt al i;;s'Cc s tl,, tribu
na f,r is vincnrion. 1t mca'is law of Congress
I'LL act Ct appropriation. The term 'app 'npria
item" us used in tho constitution, is technical lcgis
lavc term, with which We are all familiar.
But il is said that irr''I's are the supreme law o
the land and that Congress is under the same ohliga-
riun TO make an appropriation tn execute them us il is
To provide for the payment OF the salaries oi the
Judges and the President, whose salaries by the con-
stitltun cannot hc diminished during their continu
aucc in office. Now, III, the great difference is the
diff, rent buc. which the tw" Instruments urc
supreme The constitution is supreme in every part
of our ramifrC and complex system ul government,
compose d of the genera; Hnd Sn!c governments
Treaties are supreme over State laws md the suprc
macy of them refers Ia those laws alone, AZ the latter
pur of the cn,lsc shows: "Ilr judges in every State
Shall he bound thereby, anything in the constitution
or laws of ANY State Ia the contrary mothwiti,raud
iug" This clause of the constitution contemplated
conflict between State laws and those OF the federal
governments aud 10 preserve harmony III such rHscS
i: declares the latter shall prevail But n treaty is
supreme in no other relation. The treaty making
power can 10 bind Congress t" pass law than
Congress cun bind il 10 mike treaty They are ut
dependent departments, hnd We're designed To chcch
ruiLcr thnn br sulscrvlcnt 10 caCh other.
WIS at loss for time 20 ascertain how II was
that Il treaty WIS spoken of H. n law-aad supreme
law, tuo-il the constitution. Probably it arosc from
this fact Many of the treaties negotiated by the te-
dcr; authority c"nl!iccd with State laws aid was
antiripa,,,l Others might Tor instance, the cunica
tiun laws u the States culi!ccd with the treaty ui
pracc; and in all such cases, where treaty was
cunstitu,iunally made, It was Thought hcst by this
clause 10 rci the Siaic judges of all difficulty by
giving them bn,ling judicial rue.
Blu; il is said that lu produce this anony between
different class of tc constitution, YOU had as well
make the legislative power yield Ia the treaty power,
| Us the latter {" the farmer. BY II" mcnnS. La III.
first place. the legislative powcr, nrc specific and well
defined, the treaty power = general and vague. Nni
it !. Il wrll-s,abshud rule of construction that pow
cr, which are general must yield Ia those which are
| specific. We do not invade the treaty power whc.
we ju 20 for ourselves i'll respect ~ an appropriation;
for il has power nf appropriation. Nor d"rs Con-
-rcss claim Ia exercise part al the treaty power
when il Insist, upon hc exercise "i II discretion i'll all
cases where it. cn"prITiI"n is necessary I" execute Il
treaty. Congress clams II" active participation IN
The lruua,inn uf trcalics but when cn!lr, upon lr
ru.uIrutull, claim for II negative one. II Con-
r,,. REFUSES 10 co-upcra;r it only leaves things in
St,iiH Ju3-i; does nothing affirmative. And Ill this
rcspec; il is in keeping with that general system "i
checks and balances which distinguishes our system
ri government.
Ties EXCEPT in clss where it is called upon 10 pas.
laws ;u carry them into execution There are many
rass where treaties are scli-ricicn and rrIur" no
legislation execute them. There are irracs winch
elusive, which will br Lii;,: the laws Of til" land.
and rcqurin. the concurrence uf nnbu,v except two
thirds ui the Senate. Take cGs" for Instance, :"
treaty al p"acr. Cnu-rrsH can declare war, a!, by
t! constitutions il Is for the Executive Ia wage II
and carry "n by hc aid Of such appropriations a,
the IIuu,c and Scnae may make. But when YOU
finally come 10 the question uf peace, there the In
rcutlvc ram make treaty .! peace without consult
ing amvbudy bat The Senate, and without coming I"
tins II uusc at nil, ii there BE- i'll il ru,!!inS requiring
I..r .,tiy, 81 a
requires twu ar;i,s :" make r"nc. AMI ilGt peace
must be made by Il rgnElann III the ordinary i"ril
between the two governments through l!c'r hilliiS-
trrs Tint is one ui il,,-r: treaties which cN"cni"
themselves. AMI il j. fortunate !; is 80. II i "cii
that i, should r ,ur ,i!calt ~ declare war ila tn
/ nuke peace. III" irr-!"n; ana ;'r S"l!air nhF
make y, ace whnmt rnn-un. the House, and the
IIo,,.. can force them niIl.r pence by withholding
sUlI-: bu; il r,lIirs the concurrence n the House,
| the senate and The p!"."M! {" declare war.
But there urc other treaties, IN the ii'rin"ilh q!
which the cuuprrnIra # Cn,:cs' u!!ist ic Obtain
ed but ;l; cu-oirru;:nu is Indc necessary III order Ia
ilurmonize the scvcla provisions oI "'ir constitution.
rs in this case. Ii YOU max" treaty which makes
an appropriation OF money necessary t" execute H.
then another prnvisiun uf the constitution Of III" nj
red States coT,.a into play: nl rs Congress alone
ran make appruprin:iu,s, the treaty cannot hc
| cu,,i until the appropriation has been aadc They
| have the bower To wit!lIIu.d L. hat wh"thrc they
ou,; n IL, il or not depends upon other cpnscrg-
,iuI,, irr.ucctivr OF tine power. il YOU cSull
|
S;utcs with the concur-chc" .. tWor! ui the Srl-
a;c should make tgi..iy i.aIS!biy siibv"r;: the
best intcr,r.;s md rights I" the American people, ANA
that trCuly require! ~ appropriation {" m"ncyt" cnr-
ry i, nu, uuuiicstinnubl The Congress Of the United
S,ntc. has moi nny the rI-ht, but in such would
he in duty bound Ia withhold the appropriation. Can
mvbWlv ,oub; that Congress could with pr"prirty
withhold an appropriation t" c"rry out trait"r''us
trratv or one TINT was ruInnus nr dlsSrac"u' Eut
hold il to bc matter of lrnprcty, whc!c treaty has
L. al l,,f
tuition has vested the :TJnty-hiknE p"wcr- that Is,
the prc.iIc, mud tw".tl!rds "i the S";hc-flnt The
cu.,.rra,oi uf Cnu.Icss ought no; To he wuiIcld,
.yr,it in rnsc uf jyG'JhI5ir disrccnrd-l Will not
Iui, ny,rlf 10 n ran."tls disrcgar'l"t tit. best in
forest. If th. uatiun. IN the Casc al reasonable
doubt where the mind was nearly baance'!, 1t ouG!
u he turned in favor Ui the treat r-in;ikin@ nwcr-
Our power il Il nc4av" one' ana IL ought hut 10 bc
cxcrtel except in II clear case.
nm NOT one of Those who have ever taken the
yround which wiser ncu than some "t nS have taken
Mr.. Pinkney among :hcn, VINO i''hiahcd Hat there
wns a lositivc and moral obligation Upon the repre-
scntatives oi the pc"l" !" carry oil, me treaties ne
,o,;ot.I in uursunrcc uf the constitution do not
Stand here "a maintain ANY such doctrine. plan; my
self upnn the GROUND where The republican statesmen
n; former DAYS stood. have thus gone into some de-
tail of nv views 10 the Necessity "t nm appr"ra-
linn by Congress tu execute treaty which stipuates
nr the unyncnt of money, and ns 10 the power ut this
JIousc over appropriations for that purpose hccalsr
in rcnlvnr To the Gentleman from Missouri, Mr.. Ben
rny ;rhn maintains nur right 10 withhold them, it
m;rI,t seem that differed with him IN that puiut.
Nut du nat nor does the President; for hc has come
here To ask for the appropriation, and thus admitted
fine u,ccssity of an appropriation hy Congress and he
has sent liz the treaty .ci, aud thus admitted the
nroprictv of our l0okig into it to determine, uu:cr
thr restrictions have mcitluncd the cXpCdCncy of
vntim" il, TLc argument, therefore, Of the ccn:c-
man from Missouri Mr. BESroN an! myself up 70
this point is purely abstract rs far us question be-
fore the committee is c"nccrncd
Rut the gentleman from Missouri Mr.. BENTON
insists thg the President ought to have asked nr this
unnrnnru,ion in advance ul the negotiation OF the
trrty and his farc IL do 50, i'll where tcgri.
tory il to bc acquired is breach o tic privileges OF
iii: IInusr He undertakes 10 quote from ,Jciicsons
Manual md from, hi. message to show that Mr. JEFF
frsn seemed 10 think that sanction by this House
!, od vau,r in tic way ut all appropriation WAS ncccs
sary "a confer upon him the authority to nc"utntc
treaty for the ac isi "i territory lie tells us that
Mr. jefferson doubted the cniiStituiinnaiy vi the nc
nu.i,inn nf Lousjaa, and hence asked the snnctiOu
~ ,hn Cnno-c.s in advance. thought had studied
,b constitution of the United States III the best
sch,ol. certainly thought that had studied the
views uf Jefferson Madison, and the great mcn ot
that day. in regard to this matter and 1t |. strange 10
mo that n gentlemen protesting himself 10 be
s,nL. nf tim, school, uf the cXpnImdcis of It's
,lnr,ri,r. should come here and express his "pIni"i
that the founder of 1t thnuCht al act "i Congress
could enlarge the constitutional authority OF the E%
ccu;ive, make valid ipi'!ti"h ny II oil 'he c"'s
tuition, even ~ palI!atc IL, =, -,
Sir, Mr. Jefferson either had the authority under
,b n.ti,u.;nu 10 nc.u!intc for the acquisition Of
Louisiana, or he had il not. II he had the anth"rl'y
ill., r,Jar tho constitution. If he had not IA. ahor
ty chem mn nc. 10 give /" him was IN a.; o uSurpa-
tnn Congress cannot nd ny any act OF thcrs,
~ ,I f,rrr Of arv constitutional provision in thn re-
spcct. And when, therefore, the Gentleman from
T;..nur; rnmcs here and shows that NJ. Jefferson
aJ f,r an nnpfopriaun i'll advance 10 commence
,I mnco.n,ioi n, 10 de!rav the expenses al II, hi
~ ;vch, in hand all earnest, perhaps, IL pay dawn
for 'hs rareass Of the 'srG @ e WITHIN %!H%a s%%.s ,n1
h ,n, Mr. Jefferson Thought THAI the appropriation
in advnnc, would rmlar4;e III, constitutional powers
mar M ~tS tbat a the asking rp a Congress small part Of
thn rmrclr,.-!no!cy in advance .v"u! avoid m'"'c.
by the Executive Of the privileges OF i!ltS ilo!'sr
uh;ci, o,nrrwi,c would be inflicted. Ii the hrgo'!"
-, =. 1, il uurCh:.se q: tcrIiinrv b. brc!!..