Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-07-08
SPEECH OF GERRIf SMITH
ON
MEXICAN TREATY AND "MONRoE DOC
TRINE"


In Congress, June ~ ioo1.
The bin to enable the President TO fulfil the
third article of the Treaty between the United
States and the Mexican Republic, being under
consideration,
Mr.. SMITH said:
Mr.. CHAIRMAN Until yesterday when l heard
the distinguished gentlemen from Missouri and
Virginia, Mr. BENTON and Mr. BAyLy, had not
intended to say one word on the subject before
the Committee. ] listened with great interest to
their noble speeches, and was instructed by them.
Nevertheless, my own views did not entirely har-
monte with the course Of argument pursued by
either OF those gentlemen. am happy, Mr..
Chairman, in the opportunity, which you have
now kindly afforded me- TO express these views,
in the light of which the vote, which am to
give, will be judged.
"The papers p" the papers !" have been,
more or less, the burden of some of the speeches,
which we have heard. Now, do not sympathize
with this concern nor join.in this call for the pa
pers. | do not see, that we have any right to
them, or anything to do with them. Had we I'M
dcrtaken TO impeach the President for his con-
nection with this treaty, then our interest in the
papers respecting it would be pertinent But
that is what we have not, rs yet, undertaken.
This treaty, when approvingly and fully acted
upon by the competent Mexican authorities and
the President and Senate OF the United States,
(and, for the sake of the argument, will assume,
that it has already been acted upon,) becomes,
by the admission of the Constitution itself, a
" supreme law of the land" binding upon our
nation, and capable of being enforced against our
nation by Mexico. 1t is equally such, whether
it has our appreciation, or dsapprobation. Our
appreciation cannot give it legality. Our disap-
probation cannot take away its legality. The
treaty is not law, upon condition, that we as
sent to it. It is, already, a law-an uncondition-
nj absolute law. All, that we have to do with
the treaty, is either to obey its call upon us to
vote money to Mexico or to disobey the call,
and incur the great and fearful responsibility of
treaty breakers-of law breakers. For one, /
hold that we may incur such responsibility, pro-
vided the amount of the money is grossly excess
sive-say several times as much, as it should be.
Before ] close, will express my opinion on the
reasonableness of the amount. Commanding as
is q treaty between nations-solemn ms is " SUI
preme law of the Land" it may, nevertheless, be
possible, that it is duty to disobey this trea
ty and to break this law. For we can suppose
a case in which it would be right to disobey, and
set at nought the most imposing and solemn
enactment ! will suppose an extreme case
since it is, after ALL an extreme case, which best
serves the purpose of establishing the fact, that
there may be exceptions to the general rule.
What, if there were congressional statute,
which, rivalling the wickedness of the memora-
BILE decree of Herod, requires all the children in
this District two years old and under, TO be slain
Must the President obey, and enforce, it? No |
All admit, that, notwithstanding he is co-ordi-
nate branch of the law-making power, he must
not obey, and enforce, it, Commanding, as is
the Of this statute, and perfect as are its
forms, he must refuse to honor it. High and au-
thoritative, is the statute humanity is infinitely
nd mo ifatt If
he has to trample either one, the other, under
foot, it must be the statute, and not humanity.
said, that the treaty calls on US to vote money
to Mexico. Now, am not of the number of those,
who hold, that we are to disobey the call, because
the President had not appraised of it, before the
treaty was concluded. The Constitution does not
require such previous notice. Moreover, such
previous notice might be the means Of publicity,
and thereby of defeat TO the negotiations Nor
would disobey the call, because of the provision
in the Constitution, which requires all bills for
raising revenue, to originate in the House. For l
do not believe, that this provision was intended
to restrict, or qualify, the treaty-making power,
lodged by the Constitution in the President and
Senate. To understand our duty, we must see
what we get in exchange for the money we vote
II we 6nd that we get the worth of our money,
or anywhere near the worth of our money, we
are not to hesitate to vote the money.
There are but two material things, that we get
One Of these is our release from the eleventh
article of the treaty of Guadalupe Hidalgo-the
article which, although so lightly spoken of by
the honorable gentleman from Missouri, Mr..
BENTON, does, nevertheless, make US liable, in
some sense, and in some degree, for Indian dep
relations upon the Mexcans. IL is said, that
our liabilities in this article are too indefinite to
create any obligations upon US. But hold, that
the more indefinite they are, the worse they are,
and the more eager should we be to escape from
them. To say, that they create no obligations
whatever upon u.s. strikes me as very extravaganza
For one, should be willing, ay glad, 10 see our
Government pay considerable, though not an
unreasonable sum to liberate us from the obli-
cations of this article whatever those obligations
are.
The other material thing, that we get by this
treaty, is territory. This territory is valuable to
us, because il is essential TO the best railroad
route from the southern portion of our country
10 the Pacific. But though | would have our
Government do what il reasonably can TO provide
the South, as well ms the centre, and the North,
with the best railroad route TO the Pacific, which
the Maker Of the earth has afforded, must new
ertheless, insist, that Mexico, so far as she can
furnish the ground should be glad TO furnish IL,
without price, IL others will build the roads.
But this territory is much more than we need
for the routes of railroads The more, how
ever, the worse, said the honorable gentleman
from Missouri, Mr.. BRSroS; and by a good story,
told in his own happy way of telling bis good
stories, he illustrated his position, that there
lands poor, that TO. own them Is to be impov-
erished, rather than enriched. But, with all
Difference to that distinguished gentleman, who
is even more full of learning and experience than
he is Of years, am willing to admit, that the
more land we get from Mexico, (by righteous
means the better. would, that the treaty
gave us whole provinces; yes, and even all Mex
leo.
Poor Mexico needs to be brought under radi-
cally Transforming influences. Indeed, she is
pcrishing for the lack Of them. IL is for her life
that she cease to be an independent nation and
not only so, but, also, that she become a part Of
our nation. For, say what we will of its faults
and crimes, land look with very great sadness
Of heart upon some Of them,) our nation is the
mghtiest of all the civilzing and renovatng
agencies, that are at work in the world.
And, again, is there not some danger, that Mex
Hat