Washington sentinel., 1854-07-15
Wasbiugtan gsntinsl.
THE MEXICAN TREATY.
SPEECH OF HON. II. H BAYL


The House being in the Committee ofthe Whole
OH the state Of the Union
Mr.. BAYLY, of Virginia said
! am feeble, physically, Mr.. Chairman, in
consequence of severe and protracted attack OF
the prevailing complaint of the season, that 1
should not al this late hour of the day, have risen
10 address you but for the conviction on my part
that, occupying the position ! do, Chairman OF
Foreign Afiairs,) by the favor Of the Speaker, y
is expected of me. After / had heard the speech
OF the gentleman from Missouri, Mr.. FENToN,l
10 which i was 10 reply, and after The struggle
which made successfully 10 get The noor to-day,
/ thought my troubles, as far as this storm was
concerned, would be light, and were nearly over; |;
and, like an ancient navigator was prepared 10
cry out, Italia ltalIa What was ipy dissppoint-
ment 10 fnd when / had fell the force of the
storm and thought, with my feeble bark, l soon
would weather il, that ! was TO be beset and de-
layed in getting into port by all those small obsta-
cles and difficulties from which | have just es-
capped. [Alluding to the many interruptions, oc-
cupying more than two hours and points of order
Gentlemen have attempted TO justify their unn-
sual course, by charging upon me that had not
treated The gentleman from Missouri Mr.. Ben ron
with proper courtesy. ! thought, sir, that il was
understood by the friends of the gentleman from
Missouri know it was by him, that SO far from
my having declined to extend to him ordinary
courtesy, had--at the expense OF what regarded
TO be the rights of our constituents, that each
member on this floor should enjoy equal priv-
leges-consented 10 yield part OF my time TO
him. that he might have more than an hour and
did moi do il grudgngly; although, when proposed
that he might be permitted TO occupy more than
his hour on condition similar favor might be ex
tended 10 me in my reply, II was objected 10. i
listened 10 the speech of The gentleman from
Missouri, in respect 10 which loud proclamation
had been made in advance with intense interest !;
but that gentleman must excuse me for saying
that do not think the performance equaled the
announcement. The first part OF his remarks
were, TO large extent, inaccurate and irrelevant,
and the balance inconclusive. The gentleman,
with good deal of detail, spoke of the treaty
making power in general He referred TO the
practice of England, of France, and of the pow
ers on the continent of Europe. / undertake 10
say, without that funess Of information which
that learned and distinguished gentleman pos
sesssss, that there was great inaccuracyi in some
of his statements in this connection. He said
that in England the crown, in the negotiation OF
treaties, never pretended to put a burden on
the people without the consent of Parliament in
advance. He said the same thing in respect TO
the continental powers in olden times. shall not
take up my time, feeble as am physically, by re-
ferring, in detail TO the statements in this respect
made by him. will mention ez uno disco
omRes."
Take the case of England. select her case
because her Constitution more nearly resembles
our own. He maintains that in England the
crown never concludes treaty imposing bur-
dens upon the people, without consulting the
Commons in advance. That is not my reading OF
the history and constitution OF England. / know
Of no case where the King of England has found
any difficulty in negotiating treaty, even if il
required an appropriation by Parliament 10 carry
il into effect, without consulting Parliament in ad.
vance. | could, if my lime allowed me, enumerate
from recollection alone a great many instances in
which they have made treaties without number,
particularly treaties OF peace and alliance, binding
themselves 10 pay money, grant subsidies, and
furnish men, when Parliament not asked for
the supplies until subsequent 10 the negotiation OF
those treaties. | know that In the case of subsi-
dies Yatte seems TO state il otherwise. But if he
means that, even in the case of subsidies, the
crown has always asked the concurrence of Par
lament in advance, he is simply in error as
could easily show if had my authorities. II is
so in respect TO France. Not to detain this com.
mittiee on this irrelevant point, with many in
stances to which could refer with particularly
If ! had the authorities here, land which are moi
here, as did not expect 10 speak today will
call the attention OF the committee TO one case
which occurred within the recollection of all O
us, in negotiations with France, conducted py
Mr.. Rives. You recollect that the crown agreed
TO pay a certain amount indemnity 10 our ciii
gems. The king did not consult the Chamber O
Deputies in advance. They did not like the treaty
They thought France had the worst Of il, and the,
declined TO make the appropriation carry il out
General Jackson made the point with the French
government on That occasion that the Chamber o
Deputies were bound 10 make the appropriation
although they were not consulted and he threat
ened war If they did not do IL. On which occasion
General Jackson had no more jealous supporie
than the gentleman from Missouri Mr. BENTON.
But suppose the gentleman is accurate in hi
statements; yet | maintain that they irree
want. For at last our powers, duties and priv
leges, are prescribed by the Constitution Of ID,
United States, and are not 10 be affected one wa
the other, either to enlarge TO contract them
by anything in the practice Of other nations. w,
may resort 10 them for what they worth, TO al,
IL.
tions, bur never when u Is plain. Measuring on
power by the plain meaning of this instrument
under which we hold il, l admit we have the powe
10 withhold this appropriation. we think the cas-
will justly us IN doing H. In this respect ogre
with the gentleman from Missouri. Mr.. BENTON
] know II has been maintained in this country
by some ofthe ablest and puresl Of our statesmen
from the days OF Jays treaty down 10 this occa
sion, that treaty regularly negotiated by the Pres
ideni, and confirmed by the Senate, even thougl
II makes stipulations on subjects in respect I,
which power is conferred by the Constitution O,
Congress 10 legislate, is absolutely binding upor
Congress; and that IL cannot withhold any legis
laiion necessary 10 execute It's provisions wiihou
invading the privileges ofthe tfeaty-makng power
and committing breach OF national faith. Other
have gone further, among them the great William
Pinkney, and maintained that all treaties nefotia
ted by the President and ratified by the Senate ar
complete and self.elfcent, and require no legisls
ton TO execute them.
fathers OF the republican party maintain tha
when treaty stipulates regulations on any of tll
subjects submitted by the Constitution 10 tn
powers Of Congress, il must depend for its execu
lion, as 10 such stipulations, on a law, or laws 1
be passed by Congress !" and that Congress ough
20 decline 70 pass such laws where the greai In
terests, liberties, and rights OF the nation hay
been betrayed in the treaty; and Of this Congress
must be the judge.
In constituting the Constitution, you must loo
10 the whole instrument. and so construe II ths
It's various provisions may barmonize with eac
other so that all may stand, rather than an
should fall. Keeping this admitted and universe
rule Of construction in mind, let us look 10 IN
different provisions Of the Constitution bearing o
this question. The Constitution declares:
He (the Presiden shall have power TO make treate
provided tvothirds Of the present concur
II also declares
This Constitution and the laws of the United State
which shall be made In pursuance thereof all treati.
made or which shall be made, under the authority Of h
United States shall be the supreme law OF the land An
Judges In every State sha be iound thereby nnythp
or laws Of any State TO the contrary no
But IL also o,-lares
Al tegtAotste potccrs sre,. ,,rooJ.J =, N = Z, I,
the Congress OF the United Sts ,sh aii pe Neslsu
Senate and House Of Represeniaf, shai consist OF
The Constitution enumerates a..t
cisative powers, including The noxye nS, vi ie