Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-07-01
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MEXICAN TREATY.
REMARKS OF HON. w. w. BoYcE,
OF SOUTH CAROLINA

reference to the power of this House over the
subject of appropriations required by treaties !;
and second, in regard to the expediency ofpass.
ing the appropriation bill for $l0,000,0OO, now
before the committee. The first question is,
what degree of discretion has this House the
right to exercise when bill comes here asking.
an appropriation to carry out treaty? have
no doubt but that the House has right to exer.
else a full discretion, free and entire discre-
ton of the subject. have no doubt but that
we are at liberty, if we think proper, to reject
the bill, and to refuse the appropriation.
Mr.. Chairman, it has been well said that ours
is government Of checks and balances. Its
whole organization is such. The House Of Rep
resentatives represent the people; the Senate
represent the States the President represents
both the people and the States. BY one form
of election he is elected by the people. In the
event of a choice not being made at first, he is
elected by the States. Therefore, say, our
whole political system is one Of checks and bal
ances. In constituting the Constitution, we are
not to construe any one clause by itself, but to
construe it as part of whole. We are to look
at all the clauses, to pat them all together, and,
if possible, endeavor to draw harmonious con-
clusion. Let us do that in this instance. In
the first place, we find in the Constitution, with
regard to the House Of Representatives, two
important provisions that no revenue bill
shall originate except in the House of Repre-
sentatives, thereby giving to the representatives
Of the people the full, absolute and entire
power to place all pecuniary burdens on the
people. Then, again, it is providedthatno money
shall be drawn from the treasury but in conse-
quence of an appropriation to be made by law,
to the passage of wi ich the action of the House
of Representatives is, of course, absolutely
necessary. Therefore no money can be taken,
~ Al ~cFx
House, and secondly, no money can be drawn
from the treasury but by the like action of the
House. &-
If there is any principle in the Constitution
more important than another, more charac-
teristic OF the whole tenor Of our government,
more essentially American, it is the great prin-
ciple that the representatives of the people are
to act on all subjects involving the raising of
money or the appropriation of money. take
it then, that this is the great principle which
is impressed on the Constitution. And if we
examine that instrument BY the light Of history,
we see the Importance of this principle. Our
ancestors derived it from England. 1t was the
principle which secured the liberty of the
English people. 1t was the great principle
which they had struggled for for centuries
the right of the commons to decide upon the
pecuniary burdens of the. people, and whether
they should give money to the king or not.
We derive that great principle from the his
tory Of England; and it is the same for which
our fathers struggled in the American reyolu.
ton. 1t is the principle on which the revolu-
ton was successfully carried out, and on which
its battles had been fought-the right of the
representatives of the people to tax in the first
instance, and to appropriate the money from
the Treasury. Without it, liberty cannot exist.
Therefore it is the fundamental principle of our
government; and we are bound to construe
the Constitution SO as that this principle shall
at any rate have its full force. However any
other principle may suffer disregard, this prin
ciple must have efficacy. Let us now con-
strue the Constitution in that light. We find
another clause in the Constitution with regard
to the treaty-making power. The President
and Senate are authorized to make treaties.
Well, cannot these two powey stand together?
Undoubtedly they can. When the President
and Senate make treaties which do not require
the legislative action of the House, and are
not prohibited by the Constitution, they are the
law of the land; but any treaties which they
make involving appropriations of money re-
quire the Legislative action OF the House, and
cannot be operative and in full force until the
House passes the necessary appropriation.
Suppose Mr. Chairman, that we transpose
these different clauses of the Constitution.
other body than the House of Representatives
from raising money in the first instance, and
that clause which requires appropriation bills
10 be passed through both Houses. Suppose,
] say, we put these clauses together. alongside
OF the clause giving the treaty-making power
10 the President and Senate, how will it read
then2
"He (the President) shall have power, By
and with the advice and consent of the Senate,
10 make treaties; provided two-thirds Of the
senators present concur !" "but y or and -
use either conjunction, or neither" all bills
for raising revenue shall originate in the House
of Representatives ~ "No money shall be
drawn from the treasury, but in consequence
of appropriations made by law" Certainly if
the clauses stood in this juxta-position in the
Constitution, the construction / contend for
would be conclusive; but the effect of the vari-
Gus clauses Of the Constitution are in no de-
gree dependent upon their local position in the
Constitution, nor are they in any degree af
jected by it. To all intents and purposes the
money clauses ] have Just referred TO are as
eficacious where they now stand as if they had
local position in immediate connexion with
the treaty power clause.
The President, with the Senate, two-thirds
concnrring, have the right to make treaties !;
but where any money is to be drawn from the
treasury, tho bill for that purpose originates IN
the House Of Representatives; and no money
can be drawn from the treasury but by appro-
priation made by q law, In which both Houses
must concur. Ii both clauses Of the Consti-
tuition which govern this matter stood together,
side by side, there would be no doubt about
this question. III these clauses were in juxta-
position, there would be no room for doubt.
But there is no locality in the Constitution.
One clause has as much force as another, as
far as construction is concerned. | take it,
then, that there is no doubt that this House
has the right 10 pass and act freely upon money
bills which come before it for its action, whether
that money is to carry ont treaty or not.
In constituting the Constitution, ] think it is
proper that we should endeavor to throw
around it every possible security in relation TO
the expenditure of the public money. II we
secure the public money against being wasted,
We accomplish a great result. The construc-
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