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

President and two. thirds Of the Senat,
the treaty making power, and whel
that practice gave to the House o
Commons the right to refuse nppro
priations if they thought proper, i
cannot be supposed that the founder.
of our institutions would endow oul
House Of Representatives with less
power, or with less authority, than was
given to the British House of Com
mons-a body which nominally had 4
very large constituency, but which
really had very small ono. must
conclude, then, from these circumstan
ccs, if from none other, that the true
Interpretation ofthc Constitution is to
give to this House the power for which
| have contendcd. cannot conceive
that our fathers, in forming our insti
tutions, would have given to this House
fewer rights and privileges than was
given to the corresponding body in
England, but must conclude that
while they gave to the President and
Senate the power Of making treaties,
they gave to this House the right to
grant or refuse appropriations.
Again, Mr.. Chairman, the Constitu
ton says, in one clause, that Congress
shall have bower to pass all laws nee.
essary and PROPER to carry into effect
the expressly enumerated powers con
ferred On any department: It does
not say that they shall pass such laws,
but that they shall have power to do
SO. We'll, that meets this particular
case: The treaty thalsing power is
conferred on two dcPartn ;nts of this
government: Itco;ncs, t:=Sn, expressly
under this clause of tt. q istitution.-
This clause of the N4&fitutior. the
grants to Congress, $50 includes this
iiousc, the power to p,>S{i%uch laws as
may be nccessar' sz23 pliy3ber. 1t does
not say that the EFssss@ IS such laws.
but that "thcy shall havo power" so to
do. This Implies discretion: They are
at liberty to pass these laws or not, ds
they think proper. If they have any
discretion on tile subject, they must
have 4 full discretion. -Eou caano.
have half discretion. >;,Ech thing
is metaphysicaIly impGsstulG. ~ I.
cannot draw line of 36 degrees and
30 minutes, or any other line, through
q discretion. 1t must be an entire dis
crction, or no discretion. 1t is an un.
limited discretion. a reasonable dis.
cretion, | grant you-one to be exer.
ciscd under IL just sense Of the respon.
sibility weighing on this House. 1t is
an unlimited, but rational discretion;
and 1t Is for that discretion now con.
tend.
There is another clause of the Con.
stitution which it seems to mic is full
of meaning on this subject. 1t is the
clause which has been just alluded to
by the gentleman from Maine who
preceded me in this debate, that all
appropriations for the support of the
army must be renewed every two
years. So jealous were our ancestors
OF Il standing army, or permanent
military establishment, that they re.
quired appropriations for tho support
of the army should pass before the
people every two years, which was
the limit OF the term Of the members Of
the House of Representatives; so that
every time the representatives of the
people come fresh from the people,
with the idoas and instincts Of the peo.
pie, they should have the right to pass
on the subject Us to whether the army
should be longer continucd or not. If
VIC were to admit this Unlimited pow
er i'll tho President and Senate to pass
treaties, and we were bound to make
the appropriations, what would become
of this great power by which our ances.
tors intended to preserve their liber.
ties, and to put it out Of the power of
any ambitious general or cheftain,
Mt any future time to have standing
army. lfyou permit this absolute
power, contended for by the gentle.
man from New York, the President
and Senate may enter into the treaty
stipulations with some foreign nations,
and engage to give subsidies or keep
up standing armies for any length OF
time, and this great clause. intended
to secure the liberties Of the country.
would be nugatory. cannot consent
| w N'J So''ot' oSlioll VI lllS CONSTITUTION
which would lead to such disastrous
consequences.
Again. may not this House refuse to
make appropriation, which have been
commenced by n previous Congress?
Suppose laws were passed by a previ.
Gus Congress by which it was enacted
that certain appropriations should be
made for certain works, or any
particular purpose, has not every
House of Representatives, as it comes
here, the right to determine whethe,
it shall carry cut those appropriations
or not? Undoubtedly they have
The law requiring them to do so is The
law ofthe land. Treaties can BIO ne
more at the utmost than the laws O
, the land; but the law Of Congress i
not irrevocably binding on another
One Congress- may enact that ther,
shall be appropriations, but the mex
. Congress may refuse to make tiles
appropriations, though called for b,