The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1854-07-26

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. have we the right to refuse to max,
! appropriations under treaty ratified
t ny the Senate and PRESIDENT | think
this view Of tho subject is conclusive
t for even admitting treaties to be laws
IN reference to 1.-THE subjects of which
they dispose, yet this House would no,
even then be absolutely bound tc
make treaty appropriations. But
: cannot and do not admit that treaties
are laws whore they undertake to
provide for the payment Of money
They are not fully operative and
efficacious on this point until they
have been affirmatiyely acted upon by
the House.
! would beg leave to call the atten.
ton OF the Committee to- this impor-
tant fact, that the restrictions upon the
powers of the Government contained
in the Constitution, are restrictions ON
the legislative powers of tho Govern
ment, not on the treaty.making power.
The Constitution, TOR lnstdtice, pre-
scribes that Congress shall pass NO bill
of attaindcr, and that no preference
shall be given to The ports Of one State
over those Of another, and that no laws
shall be passed concerning tho cstab-
lishment of religion. All these great
principles Of libefty, which are embo.
died in the Constitution, are, in form;
restrictions only upon tile legislative
powers of the Government, They are
not restrictions upon the treaty-making
power. What follows, then as d coti-
sequence? If the Legislative authori.
ty granted to this House to lay taxes
and pass appropriation bills Is no re
strlction upon the treatS nakihg.powe
much less would the exceptions to the
legislative authority Of this House be
any restriction on the treaty milking
power And thus Sou would drive
at this monstrous result, that the ttea.
ty-making power was nm unlimited
power; atid the President alid the Sen.
ate might do what they thought pro-
per, without being bound by the liIhi-
tati6ns Of the Constitution. 1t IS i'm.
ir,c:.=:hi!s t,,.t LID. siiv,i u construction OF
the so,5,Ssst;.s.;.",io" Ssst; "aube. sound. And,
- -. sss!E.:o, we must admit what l,arc
been contending;tor, HAT the legislative
powers granted to this House over the
purse DIRE Limitations on the treaty.
making power
was surprised to hear the gentle
man from New York MIR. SMITH give
the treaty making power so broad
construction as he did +; but his conclu-
sion is entirely at variance With his
argument. After assuming that trea-
ties place lis under moral necessity
to vote tho money they re9uire, he
tells us lie will not vote for this appro.
Pridtion: 1t is contcnded by some
that the Constitution! ilnpatts peculiar
sanctity dnd vigor to treaties, When it
declares they shall be the supreme
law OF tho land. But in what sense
does the Constitution say that? Su-
preme over what Not over Congress,
and not oyer the House Of Representa-
tivcs, but they shall be supreme-I
mean in the last instance, when they
become laws-suprcme over State
laws and constitutions. That is the
meaning of the word supreme" in
tl!is connection. For Instance, after
this treaty shalt have been passed upon
E.vorably by this House, if it is SO fa.
vorably passed upon, it is to become
the supreme law Of the land in refer.
ence to State laws and State constitu-
tions. The word supreme" as it is
found in this connection in the Con.
stitution, is not intended to moan that
the treaty-makihg power shall be su-
prcme over tile Legislative power; and
that the action Of the Senate and Pre-
sident, upon the subjects Of treaty,
shall be supreme over this House,
where it concerns any inattet over
which this House has legislative dis.
cretion. No such thing. Suppose the
ground contehdcd for by the honorable
gentleman from New York is correct,
that treaties ate supreme, and that we
are bound to execute them under all
circumstances, what limit would there
be to the power Of the President and
the Senate in making treaties? They
would have charhs blanche to do
whatever they might think proper to
10 tneTe "OulQ DC ITO OarFlcr TO thelr
discretion +; and where there is no link
to discretion there is no liberty.
i The objects Of free constitutions is
to throw around governments the bar
riers oflaws and restraints. think
there is danger that this treaty making
power may be carried too far: It is
, the tendency of power constantly to
increase it is continually stealing from
tho many to the few. The tendency
! of this treaty.making power is to alb.
sorb all other powers, and it behooves
; us, the representatives Of the people,
to see that it does not trensgress be.
, yond its proper limits. Take the in
, stance OF this treaty. If this treaty
f making power can appropriate money,
8 and we are bound to carry out their
: will, what limit will there be to the
. treaty making power2 None, none
t whatever. For there is no Legislative
0 power in all the grants of tho Consti
i tuition so closely hcdsed in, 80 careful