The daily union., 1854-01-11
CONGRESSIONAL.
SPEECH OF HON. T. II. BAYLY.

cred in the House OF Representatives, January ., 1928
Mr.. BAYLY, OF Virginia This debate. and the char.
OF the criticisms which have been made on the res
olutons would have surprised me. il anything now a.
days could surprise me in the House OF Representatives
The Committee Foreign Affairs this occasion, have
appeared to very much like the man in the honts-
piece OF the amanacswe fred at from every sign IN
the zodiac; and in getting up 10 say awod IN defence
OF what we have done, have some difficulty as to
ran voice, speaks with much emphasis from the other
side OF the House. to Sagglarus, or 10 Cancer, or to
Pisces. do not know precisely to whom shall reply
Leo has spoken shall attempt. however, far as
!, is possible for 10 do it. TO take up the salient points
OF this debate.
And sir. first becomes me TO state to the House pre-
cisely what we have, and what we have not done for il
that gentlemen have entered with great zeal into
this debate. without understanding as their own admis
sion shows what they are talking about The gentle
man from New York. mr. DEANl-in a hurry, as he
will admit when he comes TO speak on this question.
which he will have right to dodid what is generally
very safe thing He looked to precedent in drawing
ing my friend from South Carolina, Mr.. ORR the Com
mtee on Foreign Affairs thought the gentleman from
New York had followed that precedent literally. He
proposed the following:
hereby. presented to Captain Duncan Ingraham, COM
mandng the United States sloop-ofwar 81. Louis. and
conduct the second day of July last, in asserting and
projecting the right of American citizenship, native and
mysns from bis icici6s and illegal seizure and nd %pfl:os
ment."
cnlaed that resolution Let us see TO what extent we
have amended it and then let the American Congress
decide whether are liable not TO the charge of hav
ing emasculaied it, We struck out the vote OF thanks TO
the officers and men under the command Of Captain In
graham. And why did we doit His was not act
such az that OF general or commodore lighting battle
The officers and had nothing TO do with it in this
case-in those generally most. II was moral act in
this We struck out he officers and men, because
they incurred no responsibility they did nothing. Well,
what else did dol In lieu OF the words "for their
gallant conduct in asserting the rights OF American cili
zenship native and adopted" substituted for his judi
con and gallant conduct the second day OF July last
In erteding the protection Of the erean to
Martin Koszs, by rescuing him from orcibs and illegal
seizure and imprisonment on board the Austrian brig
Hussar."
Now, sir, if there be anything in American diplomacy
TO which object-and God knows that am proud Of
any other American ought bet is the dsposi.
ton manifested in the Department OF State TO make TO-
all State papers Ali the other governments Of
the world whose example is be respected have salts
fled themselves with stating conclusions.
II is the fashion in this country OF late, however not
only conclusions bu, to make forensic argu-
ments. do not want TO condemn any body, but think
for long lime that has been great in American
early days of the republic, when State papers were
20 distinguished. i was not so. When we bad the ques-
lion OF 81 deg 40 min. up, and now when had the
kosza question up, you had and have long forensic
gumenls And then, when they 20 before the American
people--and This House is in that respect type of the
American people-the whole trouble and difficulty is
government | am opposed to forensic Arguments; am
in favor q precise judgments.
Mr. WHEELER do not like 10 take the floor from
The gentleman from Virginia but, he is opposed
gumen, and in favor Of Judgment | propose that the
House go 10 the consideration o the business the
Speakers table. and tbur cut of Argument
The question was put on MIR. WHEELERs motion and
nega,ived.
Mr. BAYLY Mr.. Speaker, move up your dial little,
20 as not 10 take that time OF my turn answer
ing the objection OF my friend from Virginia. and of other
these W. nied n
conclusion, and did not assign reason Well was sur.
prised to hear my friend from Virginia Mr. SMITH make
difficulty OF tins sort for he and have studied the his.
tory OF politics. and it has occurred that me-in
better days than these Mr. Speakerin the days OF Jee-
son--tbe republican party, with Jefferson at its head,
raisDed the Supreme Court for conenng themselves
with proDonncins judgments, but giving opinions ebra
cling questions not involved in the cause And il good
criticism They did not content themselves with deciding
the causes before hem but went and gaye opinions
be regarded as law in other caaes have always been
with Jefferson and the republican party in that respect
The duty OF the Supreme Court to pronounce judg
meD and not to give opinions in which opinions were
expressed that were not called for in the before
them
II is with the courts that they ought to confne
themselves TO the cases before them, il is empha
cally true in acts OF the government, connected with
our foreign affairs. Pronounce judgment, and let every
body find oot for himself the for supporting that
judgmen,--nol weaken the judgment by giving bad rea
son for IL My opinion is that it would be a very Judi
cions course to pursue. Not 10 pronounce egupocai
judgmenis--noi as the gentleman from Alabama I Mr.
FH1Ps says we nave zone on ni9 occapion come mere
with compronige --but to pronounce clear and dis
inct judgment. That ie what the committee has done
on this occasion That does not seem, however, to sat
isfy gentlemen They are not content to applaud Capt
Ing Iaham Tor what he has done--they con en
with the governmental sanction of what he has done
bnt they want US to write out In long treatise with
all the s' and "ans," and qualifications OF agumeni
What Captain lngraham did is what tie Committee on
Foreign Affairs call on the American Congress- 10 ap
prove, and not what anybody has said in Justification OF
The act suppose they want us 10 quote the whole rec
ord and The argument of the counsel In the Judgment
Well, sir, that was not the view which the Committee
on Foreign Affairs took OF the nalIpr. We made no
compromse-fpr there was nohe--the House will allow
me this reference 10 the action OF the committee though
not exactly parliamsnisry-we went there like nine re-
spectacle gentlemen all had the thing IN view
TO do proper thing in proper way; talked over il
we looked at the difficulties and came 10 the conclusion
that il we brought in resolution declaring that we an
proved OF the conduct OF Captain lngrahar, and dess
mated by day and date the conduct 10 which we silhded,
and NOT alone by reserg 10 the day and date but by de-
scripon a'so that Hod he sufficient without going into
ground or tha-whether he was entitled protection
on the ground that he was American citizen or upon
the ground taken by my friend from Pennsylvania, Mr.
CHAsDLERl OF humanity. We came To the conclusion
thai all which the Committee Foreign Affairs ought 10
do ask the opinion of Congress upon this act
itself without asking liz opinion of the reason assigned
in justification Of the act ,tt 31f
Sir, we never oaghi 10 give in such case az
this One gentleman said we did not have the subee,
before us. as the Presidents message hs NOT been re
feued Well, 20 hsppans that the gentleman from
New York fMr nEAH1 introduced Rls resolutions to |
which | have already referred, and This House did
refer them 10 Us, and require VS. to make report
upon them Like industrious men, performed our
duty and reported upon than We reported speed " ,.
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