The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-07-04
CON GRE ESSI0N AL.
REMARKS OF HON. p. PHILLIPS

REMARKS OF HON. p. PHILLIPS,
or ALABAMA,
On the bin to enable the President TO fulfil the third ar
Gle Of the treaty between the United States and the Mex
ican republic delivered in the House Of Representatives
june II, 1854.
Mr. PHILLIPS said
M CaAnaAN. If any apology necessary for claim
ing the attea of committee few
sign submit it, il would be found in the fact that
the opinions entertain 10 the treaty making power
wholly antaeonsica 10 those which have been ardent
ly urged by the gentleman from Missouri Mr.. BEsTos
The position which that gentleman occupies in this
House arising out Of his great experience and aeknow
edged ability gives 10 any argument he advances per-
soal nueace which, perhaps does not attach any ohe
member OF this body Not only this Honse sir but the
whole country, feed and acknowledge ii.
will therefore trespass upon the House for awhile al
though ia doing follow somew hal in the wake OF my
distinguished friend from Virginia Mr.. BAyLY and the
able representative from Pennsylvania, Mr. JoSEA]
The bill before US introduced by The chairman OF the
Ways and Aeans appropates the sum of ten millions OF
dollars enable the President to fulfil the third article Of
the treaty lately concluded between this country and
Mexico
The gentleman from Missouri in the outset of his oppo-
stiOn denounoe this couniennncng what he
pleased 10 term invasion Of the privilege of this
House" Sir, ] struck with the use Of that word
privilege" falling it did from gentleman noto
riously choice and discriminating in the of his
The privilege of this Beuse Sir deny that we have any
privilege be invaded The rights the duties the
powers of this body do not resi- in privilege but in
constitutional and legal grants and limitations Looking
10 the parliamentary law OF England from whence this
word is borrowed we find that privilege is bounty
granted by favor Of the King The learned
upon the laws OF England says;
The king is the fountain Of henor, Of Office and Of prip
e,e and this in different sense from that wherein he
styled the fountain ustiee for here ne really the parent
Of them
Proceeding upon this theory, has been the custom
the Of every Parliament since The sixth Of
Henry YIII, for the Speaker
ain The and behalf Of the Commons, lay claim BY
humble petition their and undoubed and
ppg particularly that their persons their estates and
servants be free from arrest and all moestahon that
hats access q her royal person % Whenever occasion
shall require and that al their proceedings receive from
her Majesty the mort favorable construction"
To which the Lord Chancellor replies:
'.Her Majesty readily conrpas all the rights and
privileges which have been granted conferred
ppon the ConmonE By her Majesty any OF her royal pre-
decessors."
Thus we have the English derivation of privilege,
which is itself but the reflex OF Roman Jurisprudence
wherein privilege is defined 'an exemption the op
Grafton Of lnw If therefore, the term is used to denote
any right Of this House not clearly derived from the CON
stituton denv its existence anu not then il is nap-
proprate and inappcbe to the character of nstt
tiohs
n4 SIR let us come to the auestionhave our consu-
souri that the President is bound obtain the
sent Of the House of Representatives before he makes
treaty. in every where the treaty would involve any
of the powers which the constitution has conferred upon
Congress This understand be his distinct PROPOSE
tion and upon this his whole argument to the invasion
OF privilege rests The gentleman shakes his head
dissent Nor, sir do not desire TO answer what has not
been asserted assuredy understood the gentleman as
making this specific proposition.
As. BENTON. ! am moi in the habit Of interrupting
gentlemen but II il is desired viii state my proposition
this That whenever burden is to be imposed upon
ns by the treaty, then we TO be rsi consulted.
NJ PHILLIPS We'll, sir, find that neither n1isun-
dergto0d ms-staed the gentlemtns proposition.
have gcneraed his objection The special objection is
like the present when the treaty requires appro
pration Of money which be drawn from the treas
~ but by of Congress As the constitution conirs
this power upon Congress- it said by the gentleman that
ia a<..-r Ltrrr md a..
House of Representatives which coordinate branch Of
Congress before entering into .ha treaty Bu il is eyi-
cent that THIS objection be sorndit equally applies 70
every other case where treaty would involve any other
power conferred upon Congress SUCH for instance the
power 70 lay mposs and 70 regulate commerce. IT. there
Fore il be invasion q the rights Of this House
INTO treaty which stipuatcs for the payment of money
Vithput prior consultation because the constitution
rs upon Cbngexs the right lay and collect taxes and
declares thai money shall be drawn from the treasury
but in consequence of appropriations made by law, it
would equally be an invasion OF those rights to form
treaty without such prior consultation which should affect
commercial relations, fix duiy importatons.
repeat Therefore after the explanation Of she gentleman
that understand the Objection when gne7ssed to be as
Irst announced il
had proceeded from less distinguished would
scarcely deserve further notice reply Ii is very true
Mr. Chairman that the constitution confers upon Con-
gress the powers already stated but il equally that
the constitution declares that the President shall
have power by and with the advice and consent of the
Senate make treaties, provided two-thrds of the
aors present concur This delegation Of power is
broad and unlimited words could make it There is
exception the particular character of treaty, whether
ofpeaoe Treaties of every kind included
and the delegation IT the rust tue President and two
fds Of the Senate by every rule Of construction eff
fectpaly excludes the House OF Representatives from par
cipRtbn in the making OF treaties if the clause OF the
constitution had done in express terms But the gentle
from Missouri eycims that the Representatives
Of the people This most excellent ad coptonda1a
peciay when addressed TO the members of body whose
powers sought 10 be enlarged Yes sir, the
representatives Of the people but represent them only
according to the constitution We chosen by the peo
pie aadsr the constitution and they expect seek
ere psialy written down for In doing this, will
indicate rSanscnsp Iey lsse reposeo in In
tempting more, we shall justly forfeit it
Rut, let ask who is the President OF the United
States Is he the representative OF the people Have
they chosen him TO fulfil the duties which, by consti-
tutiona arrangement have been allotted the executive
department of the government And what is the Senate
Is il also the representative of the people Of the several
States 1t is the assumption arrogate
selves any claim consideration because alone the
elassnsaVes Of the people IL Is trne that this branch
n tie government is called the House of Representatives
but in constitutional sense, the repre-
senatves OF the people than is the President the Sen
s.e. But II IL were admitted be true that this House
the sole representative c the people the question
where the constitution vested the making power
would rennin wholly unaffected by the admission.
In The formation of our constitution, the question where
to lodge the treaty naking power gave rise TO great
ety, and much discussed. anal th1re neces-
iy for ts ppwer itself was demonstrated by the history
ar The world After various propositions IL excu-
sivey IN the President TO require in conjunction with the
President twoihrd Of all the senator's require two
thirds after special notice and summons with Others which
my memory does enable to cunpraie TIC clause as
II stands debcratinn de-