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

InaC Is exprhssly confined to this
} House. They are tie tribune Of the
people. They stand between the peo.
pie and all pecuniary oppression, Or
extravaganza, or prodgality...
If, therefore, the treaty making pow.
cr can invade this great principle,
where is to stop? We are at sea,
then, without chart or fudder. say,
then, that we are bound to take our
stand upon this point that the House
has right to exercise q fair, rational,
and reasonable discretion oh this sub.
jcct, and to say Whether they will or
will not pass any appropriation bill
which may be required to carry out
the provisions Of that treaty. The
power of the House on this suibject is
not an Injurious power, as has been
said by some: 1t may oe said, as it
has been said by some 6f the, tle,ncn:
tary writer's ON this subject, that if tho
House of Representatives have d right
to pass upon the suBject of treaties
which come before them in tieir lcgis
lative capacity, the business Of making
treaties would begreatly perplcxed and
entangled, that the President ahd SEN
ate would be shotii 6ftleirstrengtH; and
that the treaty making power would
thereby loose much OF it's efficacy and
force. No such thing. The power of the
House in this regard d Is Simply d mega.
tive power. The House cannot initiate
treaty. Nobody pretends that it can
do any diplomatic act. 1t cannot take
the first step in such matter: 1t may
express du opiliion, but it can do moth
ing in the way Of action. The House
may pass Resolutions Which NAV
induce the President to make treaties.
but it can do nothing in the way of
opening negotiations or closing them.
Its power is simply negative power;
and most useful power it is. 1t is
beautiful illustration of the workings
OF the cohcurrettt majority principle on
which Mr.. Calhoun constructed his
profound theory Of Government: The
very fact that the House of representa-.
tivcs have this negative power to re-
fuse. to make appropriations, If they,
IN the exercise of their best judgment,
think that the appropriations ought
hoa to be ..:ade. misty lie Used rs q
very powerful weapon. CT negotiation
by the President and Senate, because,
it foreign governments require too
much money III the. treaties we are
forming with them, they may say to
them: "EVe ourselves might be viii.
ling to accept your offer, and give you
this amount Of money; but this treaty
has to pass through the ordeal Of the
House of Representatives. The Rep.
resentativcs Of the, people have to be
satisfied ON the subject; and they are
a little particular about the money of
the people. They might reftise tu
pass the appropriation Bill to enable
US to comply with the terms Of the
treaty, and thus the treaty would be:
come null and void" SO far then
from the power Of the House Of Rep:
resentatives to pass upon this point
being Injurious, it is a power which
might be of the greatest benefit, rs it
can be used by the President aid
Senate as Powet Of argument to re-
sist the demands of a foreign power
for an e&horbtaht sum of MONEY in
the negotiation Of d treaty. OH nil
these accounts, then, conclude that
the House Of Representatives,, on
the question of apprcprlsting money
which is required by q treaty, hds an
entire and free .discrction in the exer.
else of sound Judgment. They arc
not bound to appropriate iiioney, un-
less in the exercise of reasonable dis:
crction they think that the best inter
ests of the countr'' require that they
Should:
On this point;I beg leave to reid d
passage from MIR. Madison, as embra.
cling very fully my views on tile sub.
jecl. Mr.. Madison says:
lie came next to the fifth construc.
ton, which left with tho President and
the Senate the power Of making trea.
ties, bit required at the same time the
Legislative sanction and cooperation
in those cases Where the Constitution
had given express and specific powers
to the Legislature: 1t was to be pre-.
sumed, that in all stich cases the Leg
lslature would exercise its authority
with discretion, allowing duo weight
to the reasons Which led to the treaty,
and to the circumstances of the exist
ence Of the treaty. Still, however,
this House, in its Legislative capacity,
must exercise its reason; it must dc.
liberate--for deliberation is implied
in legislation. If it must carry all
treaties into effect, it would no longer
exercise Legislative power, it would
be the mere instrument of the will of
another department., and would have
no will of It's own. Where the Con.
stitution contains specific and Pc
rcmptory injunction on Congress to do
particular act, Congress must, of
course, do tho act, because the Con.
stitution, which is paramount over all
the departments, has expressly taken
away the legislative discretion Of con.
gress. The case is essentially differ
ent where the act of ono department.
OF tho nOvcrnmcnt intcrfarce with n