The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-07-14
CON G r. RESSI0N AL.
SPEECH OF HON. t. II. BAYLY,

The House being in the Committee Of the Whole the
state OF the Union,
Mr. BAYLY of Virginia, said
am so feeble physically, Mr. Chairman, in consequence
of severe and protracted attack of the prevailing
plant of the season. that should not this late hour Of
The day have to address you but for the conviction
ON my part that, occupying the position do, (char-
man Of Foreign Afairs by the favor of the Speaker it is
expected of After had heard the speech of the gen
tleman from Missouri, Mr. Benton to which was to
ply and after the struggle which made successfully to
get the floor to-day thought my troubles as far this
storm concerned, would be light and were nearly
over; and like ancient navigator, | prepared to
CRY out Italia Italia What my disappointment to
find when had felt the force of the storm, and thought
with my feeble bark soon would weather IT that was
to beset and delayed in getting into port by all those
small obstacles and difficulties from which have just
escaped. srs,. .g,s
Gentlemen have attempted to justify their unusual course
by charging upon that had not treated the gentle
man from Missouri Mr. Benton with proper courtesy
thought sir that understood by the friends OF the
gentleman from Missouri know it was by hni-tfat so
far from my having declined extend to him ordinary
courtesy had-at the expense of what regarded to be
the rights of constituents that each member this
floor should enjoy equal privegesconsented to yield
part OF my time him, that he might have than
hour and did not do it grudgingly although, when
proposed that he might be permitted to occupy than
his hour condition similar favor might be extended
to me in my reply it objected to- | listened to the
speech of the gentleman from Missouri in respect which
loud proclamation had been made in advance with intense
interest but that gentleman must me for saying
that do not think the performance equaled the announce
ent The first part Of his remarks were large extent
The gentleman with good deal of DETAIL spoke of the
treaty-makng power general He referred the prac
cc Of England of France and OF the powers on the con-
tinent Of Europe undertake. to say, without that full
ness of information which that learned and distinguished
gentleman possesses that there great naccuracy in
some Of his statements in this connexon lie said that in
England the Grown, in the negotiation OF treaties
pretended to put burden the people without the
sent of Parliament in advance He said the thing in
respect to the continental powers in olden times shall
not take up my time, feeble as am physically, by refer
ring in detail to the statements in this respect made by
him will mention one ca disco omnes'
Take the of England select her because her
constitution more nearly resembles He maintains
that in England the Grown concludes treaty i'm
posing burdens upon the people, without consulting the
Commons In advance That is my reading of the his
tory and constitution Of England. / know of no case
where the King Of England has found any difficulty
gotisting treaty if it required appropriation by
Parliament to carry into effect without consulting Par
lament in advance. could, if my time allowed me- emu
merate from recollection alone, great many instances in
which they have made treaties without number particu-
arly treaties of peace and alliance binding themselves
pay money grant subsidies and furnish men-when Par
lament asked for the supplies until subsequent to
the negotiation Of those treaties know that in the
of subsidies Vattel it otherwise But il he
that in the of subsidies the Crown has nj
ways asked the of Parliament in advance he
simply in error, could easily show If had my author
tiles 1t Is in respect to France. Not to detain this
committee this irrelevant point with instances to
which cond refer with particulary if had the author
tiles here, and which not here did not expect TO
speak to-day will call the attention of the committee to
case which occurred within the recollection of oil of
us, in our negotiations with France conducted iy Mr..
Rives You recollec that the Crown agreed to pay
tain amount as indemnity to citizens The King did
consult the Chamber Of Deputies in advance They did
not like the treaty. They thought France had the worst
of and they declined to make the appropriation to carry
tout Gen. Jackson made the point with the French gov
ernment that OCCASION that the Chamber of Deputies
bound to make the appropriation although they
not consulted and he threatened if they did do ii
which occasion, Gen. jackson had more Jealous
supporter than the gentleman from Missourii Mr. BEN
TON.
But suppose the gentleman is accurate in his statements
yet maintain they irrelevant for at last powers
duties and privileges prescribed by the constitution OF
the United States and not to be affected the
other either to enlarge them by anything in
the practice of other nations We may resort them for
what they worth to aid in constituting the consti
ton doubtful questions but never when it is plain
Measuring power by the plain meaning of this nstr
ment, under which hold it. admit have the power
to withhold this appropriation if we think the will
justify us in doing it. In this respect agree with the gen.
teman from Missouri, Mr. BENToN.]
know 1t has been maintained in this country by some
of the abest and pures Of statesmen from the days
jays treaty down to this OCCASION that treaty regularly
negotiated by the President and confirmed by the Senate
though makes spuatons subjects in respect to
which power is conferred by the constitution Congress
to legsatc absolutely binding upon Congress and that
it cannot withhold any legislation necessary execute its
provisions without invading the privileges of the treaty
making power, and committing breach Of national faith
Others have gone furtheramong them the great William
Pnkneyand maintained that all treaties negotiated by the
President and ratified by the Senate complete and
sclfefcent and require legislation to execute them.
wholly dissent from these views With the fathers ofl
the republican party maintain that when treaty stip
ulaes regulations any of the subjects submitted By the
constitution to the powers of Congress- it depend for
its execution, as to such stpuatons law laws to
be passed by Congress- and that Congress ought de-
cline to pass such laws where the great interests liberties
and rights OF the nation have been betrayed in the
and Of this Congress must be the Judge
In constituting the constitution you look to the
whole instrument and cohstrc it that its various
visions may harmonize with each other so that all may
stand rather than any should fall Keeping this admitted
and universal rule OF construction in mind let us look TO
the different provisions OF the constitution bearing on this
question The constitution declares
'lc {hc President shall have power to make treaties
provided twohirds of the present concur
1t also declares:
" This constitution. and the laws Of the United States
which shall bc made in pursuance thereof all treaties
made or which shall be made under the authority of the
ontcd States shall be the supreme land and the
Judges in State shall be bound thereby ANYTHING in
e consultation or laws of any State the contrary nowth
standing" ' ~
But il also declares.
Aa egq're here; granted shall be vested in the
oongress OF the United States which shall consist of Senate
and House of Representatives. ''''''
Inc constitution enumeraes a long list of Legislative
powers lncuding the power and collect taxes raise
u support armies, declare war; regulate commerce &c
ana hen IN one sweeping clause declares that the Con-
grcss Shall have power to make all a,rs which shall be
Vessary and proper to execution the foregoing
power and all other powers vested by this constitution In
nc government of the United States or am deparen or
ocer hereot Not only has the Congress the power
70 pihd the people in the specifically
cases under the legislative head but in all other cases
where legislation is necessary 10 carry ito erecioo The
powers vested IN the government of the United States or
Any prahch OF IT. whether il be the executive the udcia
me executive can make treaties it is Congress alone
ean carry them into execution where law is