The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-07-08


earth lie cannot do with the Indian tribes beca
they have representatives here Therefore of the
first steps the President has to take in opening negota
tons with them is ask the House of Representatives to
give him money to appoint commission to visit the tribes
and open negotiations with them. This think, is con-
elusive answer to the gentlemans argument without re-
spect to the Indians
do not believe that there il solitary precedent sup
port the position OF the gentleman from Missouri rec
ord The gentleman limited that Mr. jefferson of that
opinion but he has not produced his authority In all
rousness ask Of this committee and of the country,
there ever living before who pretended to say
even dreamed of the fact that Mr. Jefferson in 1902 and
President Polk in l847 thought that the appropr-
ton Of two millions of dollars in case and three mil
lions in the other for opening negotiations, was solemn
sober grant of authority from this House to the Executive To
receive cession Of territory. Sir claim large and liberal
powers for this House. but heard before that pow
not found in the constitution and expressly forbidden to
the Satesthat of acquiring terroryresided in all itt
majestic grandeur in this body That this tex scriG in
the law of nations, might be found in the House
OF Representatives and that Mr. Jefferson and Mr. Polk
sought it there is in my opinion the pure legitimate pro-
duct of the fertile brain OF the gentleman from Missouri
He is fertile in expedients and good actcian but un-
like the British Commons he is not omnipotent; perhaps
not nsensibe do not believe any ever thought or
hoard of it before never did never read of it And
yet ii is asserted and asserted the opinion Of
Mr.. Jefferson that he endorsed it.
Well sir have read the works of Mr. Jefferson to some
considerable extent and he has always been model states
for and must confess that yesterday the first
time that heard allegation that Mr. Jefferson
utaned such opinion. am not able to contradict ii
my knowledge, and am not able to say that Mr.
Jefferson did say but have knowledge of il
have inferred it from his character and his political
doctrines; and unless the fact is placed before my
eyes unless the gentleman produces his authority,
cannot believe that Mr. Jefferson did say that he
entertained such opinion As the authority is not
Produced by the gentleman, cannot to the conclu
sion to change my opinion of Mr. Jetersoi funda-
mental principle of government as this our library will
furnish the gentleman with all that Mr. Jefferson has writ
ten,-they at the gentlemans command. There are
yirgnians around me to vouch Mr.. BAyLy, distin-
guished representative from Virginia. says he is is
not The cases of Louisiana, and Florida and Mexico
required money to begin with money. was asked for
nothing more 1t was granted The precedents are con-
elusive that when President desires to negotiate treaty
and wants money TO begin with, he will certainly call on
the House for the money; and in order to get it, he will
inform them what use he intends to make Of it beyond
this they prove nothing hazard the assertion that Tho
gentleman cannot produce single instance in the history
OF country where such doctrine was recognised
that asserted by him yesterday f "a F 3 slff
The third resolution submitted by the gentleman from
Missouri was;
Re.olyod That the admission of new States into tht
Union being question exclusively granted to Congress by
the constitution any treaty stipulation for the acquisition
ont authorization from Congress- is breach Of the priv
eges OF that body, violation ofthe constitutions and og
and void.p s.r
1t amounts to this that cession of Territory to the Uni
ted States being part of treaty capnot be carried into
effect without the legislation of this House subscribe to
this and that is the very question pending before this
House we are asked now to give the very Legislation
reduces Itself to this simple proposition that ccssion
territory is not provided for in the constitution of the Uni
ted States that the admission of Snte is provided for
and that consequently where cesson of territory is
templnted it requires the legislative enactment Of th
House. in with the treaty Inaking power of th
government concur with the gentleman fully in hi
proposition Wha! complaint has he TO make then, that
denial of the power would be breach of the privilege
ofths House So it might if it were done; but wisl
to know what breach of privilege has been committed?
the President of the United States or the Senate had sait
that the treoty the law Of
any legislative act Of this House. the gentleman
would be able to raise the point and would join him mos
cordially If believed that's treaty requiring legislation
carry it out should be proclaimed the supreme law of thu
land without the concurrence Of this House by that egs
ation, by any coordinate braneh of the government
The President of the United States has submitted this
proposition to this House. He has sent in his messag,
upon the subject informing the House that the treaty
not be carried into operation unless this House makes thu
appropriation and the question for to decide is whether
we shall make that appropriation or not
The fourth resolution Of the gentleman from Missouri
the following:
federal government not having been provided for in the con
stton of the Legislative and executive de
partmens of the former by of Con
gess the latter by treaty stpuatons necessary to thu
consummation OF the act and has been held in the
chase of louisiana Florda and California"
have already, in part answered this resolution con
fully with the gentleman that the House the rgh
to call for the correspondence if e emergency is such
require it and of the. ict the House is to be the Judge
But if the House by majority of its members refuse
deemng It ineypedent to make such call is it to be
therefore, inferred that the President has done wrong com
mited breach of privilege that the Senate has tran
scended its powers? Must infer that disrespect ha
been showa to the House by coordinate branch of th
government If the call is made for these papers, thu
responsibility must rest upon the House itself Will til,
gentleman deny that majority of the House is compeen
authority to theproprcty of adopting such aresppton
And it the House refuse to adopt such resolution wha
fraud upon or attempt at uon the privileges
Of this body has been perpetrated by the Executive2
In reference to the treaty of 1896 the House entered hc
Judgment that i'll that particular they ought hav,
the papers, and had right to call for them But notwith
standing the refusal of General Washington to compl,
with their request they deemed il expedent to raty t
treaty. and they did raty Their first resolution declared
the treaty to be highly Objectionable The word objec
ionabe was however, afterwards stricken out and th
treaty was finally rs,.iied by majority of two.
That tssay was exceedingly unpopular. Tho who'll
country was much excited upon the subject IL just sub
seuent to the breaking out of the French Gene
was then in this country for the express purpose inducing
the to take part in the between Great Brit
min and France and having failed to accomplish his pur
pose with the government appealed TO the people of h
country in defiance OF their constitution take side
with the French republic against the British government
involve country in European war and put all agiI
at hazard which had been aecared with much blood
treasure in the eyeatu struggle of the revolutionary
This treaty discussed in Congress in the year l79i
Among other distinguished and celebrated statesmen
the State OF Virginia then represented by Mr. Madison
men who took sides against that treaty mention this fo
the purpose of showing that there then emergency
crisis in the history of the government which made grea
men rembc in the execution of treaty of very doubtful
character against the popular wilo avoid create
evils Even Gen. Washington himself fearful of tn
consequences. In order to freedom il
l77S we entered into treaty with France SO great
our anxiety deeply impressed the republicans O
the day with the importance of securing the French
of 1878, that they rushed into ii regardless almost
terms. We entered into obligation TO protect France
her American possessions against the world for all uur
time We undertook, in then feeble state in order