Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1854-07-18

SPEECH OF TIIOS. HAYNES BAYLY. +,

grcat ably on both sides, and taking every view ut
| the question. Most Of these have already been pub
lisled i'll the Union. The argument of Thus. IIavncs
Bayly, ESP, of Virginia, printed in this mornings
paper addresses itself at To the convictions OF
men. 1t Is full OF profound thought, clear and sound
views and fortified by severe and simple statement
of facts. The truth IL, the effort is one of uucGmmon
power and pcrtncncy, aud reflects high credit upon
the author. His reply to Col Benton upon the pow
ers Of the House. and his courteous exposure of the
Inconsistencies of the representative from Missouri
have rarely been cquullcd the floor Of the Anlcr-
Gun Congress. We hope readers will carefully
consider this fine speech
SPEECH OF T. II. BAYLY, ESQ. OF VIRGINIA,
On the Mexican treaty delivered in the House of Re
prcscntativcs, Juno 20, lSji.
The House being in the Committee Of tho Whole on
the state of the Unon--
Mr.. DAYLY Of Virginia said:-I am feeble. ply
scally Mr.. Chairman, in consequence of severe an
protracted attack uf the prevailing complaint of the
season, that should not, this lntc hour of the day,
have risen to address you but for the conviction nl
my part that, occupying the position do, charmau
of Foreign Atars,l by the favor oi the Speaker, il is
expected of me. After had heard the speech of the
| gentleman from Missouri. Mr. BENTON, To which
was to reply, and after the struggle which made
ccssfullv to get the floor to-day, thought my trou-
bles, as far this storm was concerned, would bc
light, and nearly over; and, Ike ali ancient
vigator, was prepared 10 cry out, luliu ltalin.
What was my disappointment. 10 iind when had felt
the force of the storm, and thought with my feeble
bark, would weather il, that was Ia he hesct
and delayed in getting into port by a those small OBJ
saclcs and difficulties from which have just Is
jcapcd
Gentlemen have attempted To Justify their unusual
course by charging upon me thut ! had not treated
the gentleman from Missouri Mr.. Benton with pro-
| Il. IL.
bv the friends of the gentleman from Missouri
know it was by hnl-that, far from my having de-
cliucd extend to him ordinary courtesy, hadat
the expense of what regarded to be the rights Of or
constituents, that each member on this floor should
cnjov equal privilcgcs-cunsc.cd to yield part "l
| my time to him, that he light have more than ail
hour, and did not do II grlld.ngly: although when
| I proposed that he might be- permitted 10 occupy
| more than his hour, On condition Il similar favor
might he extended lie in my reply iii objected tn.
listcucd to the speech OF the gentleman from Mis-
souri, i'll respect 10 which loud proclamation Ind been
made in advance, with intense interest but that gen
tcman must excuse me for saying that do not think
| the performance equalled the announcements The
first part Of his remarks Were, 10 large extent inhc
curate and irrelevant and the balance incnMcusivc.
The gentleman, with good deal of detail, spoke OF
the trcaty-niaking power in general lie referred Ia
the practice of England, of France, and ui the pow
ers on the continent of Europe. | undertake to sav
without that lncss of information which that lanriI-
ed and distinguished gentleman pnsscsss that there
great inaccuracy i'll some "f his statements i'll
this cnnneXon. lie said that in England the Crown
in the negotiation of treaties never pretended TO put
burden the people without the consent Of Paru-
mcnt in advance lie said the snmc 'hin: in respect
to the continental powers in odcn iinps shall not
take up my time, feeble as arl physically by refer
RIM, in detail 10 the statements III this respect made
bv him. | will mention ON. ser d'scc OmH.S."
luke the case of England. | S1cc; her cHsc he
cause her constitution nearly resembles our own
He maintains that III England the Crown never rul-
without comsutus the Common i'll n'lvancc. That
is not my reading OF the history uu' constitution Z"
England. know OF no case here the King "i En='
land has found any difficulty u Negotiating "A treaty
even il it required an apprOPrhirni by Parliament "a
carry it into effect without Consulting Parliament i'll
advance. could, ii my time allowed me- enunt rate
from recollection alone, e -'t naIy instances III
which they have made treaties without numbcr-pnr-
ticuarv treaties OF peace and alliance binding them
selves to pay liuney grant subsidies, and furnish Incn
when Parliament not asked for the supplies I'M
til subsequent Ia the ncgohtnii :" those treaties,
know that in the nj subsidies Waite! seems 10
state it otherwise. But il hc INGALLS, that, even III The
case of subsidies, tue Cruwn has always asked the
concurrence OF Parliament in dvance, he is simply III
error, us | could easily show if ] hGd my authorities
1t is SO in respect to France. No, To dcta this
mttec this irrelevant point, w!h many instances
to which could refer with particuirty II hnd the
authorities here, and which not here. as did M,
expect to speak to-day, will cail :hc nttontnn ni the
committee TO case, which cc'urrc, within the re-
conducted by Mr. RiycA f"a r's"'lct that the Crown
agreed 20 pay certain amount a indemnity Ia our
citizens. The King did not consu.t the Chamber OF
Deputies in advance. They die not ike the treaty.
They thought France had the worst "i II, ana they
declined to make the appropriation 10 curry it OUT
Gen. jackson made the point " In :hc French Gov
crncn., on that occasion, that ir Chunil'cr" licru-
ties were bound to make the n, r .'''i. although
they were no: consulted, AMI Ar thrcntohtl war II
they did not do or which OCCASION, Gcn. Jackson
hud lii more aca!uus supporter than the gentleman
from Missouri, MIR. BESroS
But suppose the gentleman is accurate III s state
mcnts vet maintain they nrc irrelevant Tor at last
our powers duties, and privileges nre prescribed by
the Constitution Of the CntUd Stncs. and are not Ia
be affected one way the other, either to enlarge
to contract tcm by anything in the practice OF other
nations. We may resort to them Tor what tiity nrc
worth, to aid us i'll constituting the constitution on
doubtful questions, but When II Is plain Meas
urnr our power by the plain meaning oi this insrn-
mcnt, under which we hold it, admit We have the
power TO withhold :his appropriation II we think the
case will justify US doing It, l ths RESPECT agree
with the gentleman from Msrour', Mr. BENToN.j
know it has been maintained i'll This country by
some of the ubrst and urest of our statesmen from
the days OF jays treaty down I" thus occnslon, that
rcuty regularly negotiated by the President and cnn-
irmed by the Senate, though II makes stIpula
tuns vn subjects in respect to which power Is confer
rcd by the constitution on Congress To cgslac Ii ab
solutcly binding upon Congress; hnd that II cannot
withhold any legislation necessary t" execute IL pro-
visions without invading the privileges OF the treaty
making power and committing breach of national
faith Others huvc gone furhrr-amonS them the
great William Pirkmey-und maintained that all trca-
ties negotiated by the President and ratified by the
Senate, complete and sc'ciiiccn', ahdrcquirc no
leg Station to execute them.
wholly dissent from these views. With the faith
ers OF the republican party, MAINTAIN THAT when
treaty stipulacs regulations on any oi the subjects
submitted by tho constitution TO the powers OF Con-
,,rrss il must depend for its execution, It's tn such s
l,,y rlulrs n, np
and that Congress ought To decline To pas1 such laws
wlrc the great interests, libcrcs nnd rights Of the
nntiuu have been betrayed in the treaty. and of this
Congress must be the judge.
In constituting the constitution, you must look To the
whole instrument and 50 cunstruc it that lis various
provisions may urmUnzc with each other, 80 that all
inay stand, rather than any should full Keeping this
admitted and universal rule OF construction III nInd,
lot lis look to the different provisions OF the coStitu-
tion beurius Oh this question. The constitution de-
clarcs
'Hc the Prcsdrnt) shall have power 10 make treaties,
provided twothirIo Of the scluoI- rrrscnt concur.
1t also declares:
This constitutions nnd the laws OF III" United States
which shall be mude in pursuance t,rr" AMI nj. treaties
made which shall be made, under the n'll!"ry Of the
United States shnl be the supreme INV o lind mad the
Judges in every State shall bc bound thereby hy;g in
the constitution laws OF any State t" Thy contrary
willIstandins.
But it also declares
"dR Legislature Irs h:rsn granted shall y" vcs;9I ir
the Cous,css Of tie United States which shalt cUn-ist ui
Senate and House OF Representatives.
The constitution cnumCratCs II long lSt "i !rgisla-
tive powers, including the power - lay and collect
taxes raise aud support armies declare war, regulate
commerce. &c. And then, in ono sweeping clause, it
declares that the Congress shall have power 40 make
all lars which shall be necessary nn'trGnp,r I" carry
into crccuion the foregoing power an! nj! g!ler pow
vested by tlis constitution in the orrrlmncn; o.:
the United Suites any department "r officer there
o" Not only has the Cot. .rcss tho power exclusive
~ to bind the people III the specifically lly-enuncratcd
cases under the legislative head bu; in all other eases
where legislation is necessary vary mtu execution
the powers vested in the government; OF tho United
States or any branch of it, whether it be the exccu.
tive or the judicial. The executive can make trea-
ties but it is Congress alone whchcan carry them i'll
to execution where law is necessary. Aud very