Washington sentinel., 1854-07-15

Sir, Mr.. Jefferson either had the authority un-
der the Constitution 10 negotiate for the acquisi-
ton Of Louisiana or he had il not. 1.-The had the
authority, he required no concurrence OF Congress
/ 10 give II 10 him under the Constitution. IL he
| had not the authority, then act 10 give il 70
him was an act OF usurpation, because Congress
cannot add, by any act of theirs, TO the force
Of any constitutional provision in that respect
And when, therefore, the gentleman from Mis-
sopri comes here and shows that Mr. Jefferson
asked for an appropriation in advance TO COM
| mence that negotiation, and TO deiray the expenses
i of il, and to give him in hand earnest, perhaps
| TO pay down for the purchase OF the territory,
without showing that he asked for the whole sum,
| he proves noihpg-neither that Mr.. Jefferson
| thought that the appropriation in advance would
enlarge his constitutional powers nor that the ask
ing from the Congress small part OF the purchase
money in advance would avoid breach by the
Executive Of the privileges fths House, which
Otherwise would be inflicted. If the negotiation
OF treaty for the purchase of te frtory be breach
of our privileges the guardians of the public
purse, unless we are asked for the purchase money
| in advance, so would il be equally breach only
10 ask for a very small part, and leave us in the
| dark as 10 how much more would be required
Nay, as ! shall presently show, il would be a
| greater breach Of them.
| These remarks apply with still greater force 10
the cases of the acquisition of Florida and a part
| of Mexico. AT the time of the acquisition of Lou
| isiana, the constitutional authority TO purchase
4
ferson himself; although, as the gentleman from
/ Missouri Mr.. BENTuNl knows he subsequently
j dismissed all doubts on that point; and II was
| prudent that he should see how far he might ex-
i pect the concurrence ofthis House. In Mr.. Mon
roe's and Mr.. Polk's time all such doubts had
almost entirely disappeared. As far as the ques-
lion OF constitutional power was concerned, they
were not treading on doubtful ground, 10 do which
with confidence the prior concurrence OF Congress
was convenient. They asked for the compare
/ lv in adv nm IN de-
/ fray the expenses of negotiation, and to enable
them 10 pay earnest, and for no other purpose.
Again, as to the question of privilege. If our
privileges have been invaded, they are those which
| pertain to guardians of the public purse. II
is because our entire control of il has been i'm
paired, and burdens placed upon the people with
out our consent. But this cannot be so, If the
gentleman is right as 10 our power 10 withhold
| appropriations to execute treaties. He will vote
against it; and If he can get majority 10 vote
with him. no appropriation will be made, no bur-
den placed upon the people, and our hold upon the
public purse made secure. But if majority of US
vote for it, then the burden upon the people will
be imposed by their own representatives and the
public purse will be opened voluntarily by those
TO whom it is constitutionally intrusted.
But will the gentleman say that by the negotia-
ton of this treaty we are put under a moral con-
straint, sort of duress, TO pay the money? We
would have been under greater constraint if the
course he contends for had been pursued. Sup
pose the President had come here, and asked us,
In advance, TO appropriate 50, 100000 to enable
him TO negotiate with Mexico in respect 10 the
subjects embraced in this treaty; does any one
doubt that we would have made the appropria-
tion
Suppose we had, and the President had used it.,
as he probably would have done, would we not
in that case been under more constraint than we
are now? The argument then would have been.
two millions are gone, and you had better appro-
pirate the rest, you lose the two millions. But
now reject the bill without as far as the
money is concerned, losing anything. doubt
the propriety except in cases of necessity and
4 this has proved not TO have been one, of making
| appropriations in advance. A majority Of the two
houses might make an appropriation 10 enable the
President TO negotiate treaty, and then II might
not be ratified by twothrds of the Senate, We
had better get the treaty first, and make the APP
preparation afterwards
| Mr.. Chairman, in this connexon, beg 10 say
| that, in my opinion, il would be very bad prac-
tce for any President TO communicate with this
House in advance, in respect 10 the negotiation of
treaties. or all The bodies in the world, it is least
suited for il; and so thought the trainers Of the
Constitution. In most negotiations secrecy is
necessary as 10 the character and progress of it.
Indeed, very often, the very knowledge OF the
tendency OF a negotiation might be fatal 10 its
cess. AS for instance, where another nation had
its eye upon the same object, with view to its
attainment for themselves; or where several other
nations might wish 10 defeat il 10 prevent ad.
| vantage 10 a rival In such case, the mere
would set them at work to thwart il. But secrecy
with such body this would be Impossible.
Even the Senate cannot keep its secrets. II was
for these reasons that the convention which framed
the Constitution excluded us from all participation
in making treaties. After they are made we may
play important part in executing them, in cases
requiring legislation.
Besides these views, others were presented in
| the convention. II contended that this body
{ would be so huctuating, from frequent changes,
owing TO our short term of Office, there would be
but little inducemeDt for us to study our foreign
! relations, the knowledge Of which would be of so
little service 10 us in private life, 10 which of
us must be constantly looking.
; Mr.. Chairman, we are in troubled times The
great powers of Europe are al war. We ought
10 be crcumspect in respect 10 our foreign affairs.
Let us not take step, by endorsing the views OF
, the gentleman from Missouri, which would imply
that publicity ought 10 be given TO the steps taken
in the management of them, unless we mean 10
put ourselves 10 the greatest possible disadvan-
! tsge; unless we mean, TO use figure which 10 my
mind is expressive, TO set out 10 play cards with
/ our hands laid down on the board, for everybody
10 look at, when all the other players have their
} hands closely concealed. Unless can play game
OF that successfully, we had better observe
} secrecy towards them in the mana agement of our
2 foreign affairs as other nations will be sure 10 do
towards us. do undertake to say that as little
\ information, in respect 10 pending or contemplated
negotiations, ought TO be sent 10 this House as the
constitutional provisions make indispensable. And
do think, for that reason, where wish 10 rake
, purchase, we had better be asked for the appro
priaton after the treaty is concluded than in ad
: vance. There is no margin for good bargain il
we appropriate in advance. There is no oppor
tuniiy for negotiation, if the whole thing is 10 be
brought into this House, where secrecy is mpos.
4 sible. How often has il been that in concluding
. treaties, we have paid less than we were willing
10 gives This would have been impossible il oui
4 ultimatum had been known.
What chance have we 10 act on equal terms
with other nations, when everybody knows what
we mean TO do in advance? We have the power
in palpable case OF error, TO withhold appropria
. tions<or other cooperation when necessary /; and
0 there no man upon this floor who would ac,
4 more sternly in case Of that sort than would
. / would yield all doubts 10 the treaty-makinp
power, but would not follow them blndly
would not do what was hsgrantly wrong; but
i would defer, 10 large extent, 10 twothrds ofthe
. Senate and the President, who have the primary
means Of information through the missions which
the Constitution gives him authority 10 institute
/ In all these / think we have sufficient security
, against an invasion of the rights of the people
without insisting upon knowing everything in re-
spect 10 our foreign affairs in advance.
= II seems 70 be supposed that there is something
J