The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-09-10

sPEEoH OF non. r. NJ. y. HUNTER,
OF FIAdIhIAl

OF passion he is very much mistaken IL believed that
by insisting and asking for conference We could induce
the House OF Representatives, agree TO pass bill APP
proprang money for the army in the usual and ordinary
form would do il at once IL IS only because am con-
winged nom the past action OF the House only this
session the session which has preceded IL that il has
made up its mind, that disposed TO terminate the
matter and a. least 70 proven, the spectacle o. continue
the assurance II had sufficient reason 10 believe that
the House could be induced by any proposition Of confer
ence part 10 pass clean" blla bill which did
not contain legislation contrary judgment and opin
ions-l should be more than willing To ask for a commit
tee of conference and TO go into council with them but
am permitted TO believe that they will agree am
permitted believe IL either from their past action
from such consultation have been able to have with
friends whom at least suppose and think TO be well ac
quainted with the temper of that House.
If il to this then, that we cannot obtain bill APP
propraing money for the army, except upon ditons
which, ia my opinion, abrogate and destroy the contu
tonal rights OF the Senate equal and coordinate
branch of the legislature OF this government must say
that in such contingency that in such alternatives as
these prefer that the army should be disbanded, rather
than that the Senate should be destroyed. If have TO
choose between the constitution of the country betW
the continuance of those legislative powers which the
euon has vested in the Senate and the appropriation
bills will say perish the appropriation bills il that BE-
the only condition upon which can the constitution
which have sworn to support and preserve
Now sir when the House of Representatives repeat
eddy insist forcing upon us legislation which is
trary the dictates of our judgment and wesetted
opinions through the Medium of appropriation bill
when they say we must either submit to Legislation
of which do not approve they will stop the wheels
of goyernmen-are we not abdicatng the rights which
the constitution reposes in if yield to such demands
these And ask If the constant repetition of these
efforts does raise question far higher in importance
than that which attaches any considerations
nected with ihe Kansas question: that of dis
banding the army iselt2 IL raises question 10
the power OF this body to its constitutional rights
as an equal and co ordinate branch of this egsa-
ture. If we agree to this then, indeed, has the SEN
ate become what | understood the senator from New
York Mr. SEWARD to characterize t-a advisory
council of the Executive. Then indeed, sir do get rid
of that equal power of the States in of the branches
legislature TO which the senator from Ohio Mr. WADEl
much objected, because we destroy the independent
legislative power OF this branch OF the government
ly and enable the other house of Congress absorb
and to monopoze all the powers of legislation by those
means which think were Indicated in that debate ade
quate to that endI mean through the appropriation bills
which said the House Of Representatives had the
elusive right of originating which right of orginaon,
prised the right of debating the and conditions
which appropriations should be made.
If had time to enter into the examination of this
question: could show that it is not that the House
Representatives has the exclusive right of originating
preparation bills It according the consu-
ton is not true according TO the opinions of the best
urists 1t is not true according the practice and
recognised by both branches for constantly originate
bills approprating money, and bills which have been
denomnated neutrality-suspicious. bills-such harbor
bs which have been originated by the from New
York himself But if these assertions true il
would not follow that the exclusive power of originating
appropriation bills would give to that House the right
say that they could dictate legislation which we
agree the upon which alone appropriations should
be granted To say so would be at transfer The
whole power OF legislation TO the House of
and convert it the senator from Michigan Mr.. CAss
well sad into french convention. Ii would be change
this great and glorious scheme of government into me
government of numbers 1t would be give the rule to
the majority, which designed and which could
not be safely done under such system Of conderaed
teres,s
say, sir that am standing upon a point far higher
than any which is involved in the Kansas question or in
that of appropriations for the stand here to main
tain the constitutional rights Of the Senate OF the United
States equal and coordinate branch of the ega-
ure of this government and why should they be abandon
ed We have been told that the other is the popular
branch that il is to them look for the
ton Of the liberties Of the people Sir from what quarter
assaults to be expected upon the liberties of the peope2
Either from sectional legislation from Executive usurpa-
ton Is obvious that the power so far
sectional legislation is concerned is here because
il is that the States have equal representation and
far Executive usurpaon is TO be expected il
probable that this body which represents different
stuency would resist IL than the other house which rep
very nearly the constituency that by which
the President is elected for know that all successful
usurpers began by insdous schemes which command the
assent by appealing to the preudices of the majority
maintain that not only the theory but the past history
this government shows that this body conservative
American liberty that without 1t could never conduc,
our government as 1t has been conducted and that TO
strip IL OF its legislative powers would be to make this
constitution utterly worthless, and unsuitable to
don
Sir am not afraid upon such question as this TO ap-
peal TO the people In behalf of the Senaeto appeal to m
past history for the yindcaon of It's claims to popular re-
spec and confidence Like the Roman Of old the recol
OF It's would IL from destruction
within sight of the Capitol at least matter how sudden
and how violent might be the OF the popular fury
For one am willing go before the people on issue
and say, sir that will agree that the House
Representatives shall have the right through the appropr
alton bills TO force TO adopt legislation which
trary to the dictates OF judgment and weet
tied opinions And such legislation Mr. President such
legislation IL is for the sake of which TO yield these
great rights and privileges with which the constitution Ia.
invested as Legislation which actually assumes to usurp
the part Of the legislature the rights and the Junction.
Of the Judiciary We take from the judiciary tn
right OF saying whether past laws that exist valid
or not and we are 10 say that when questions Of prva
right have arisen under them the decision OF the court,
shall not be enforced until II good pleasure that they
shall be- We too cir to undertake 10 that legislation
in order TO remedy wrongs which alleged to exist no
to make the law, might become u.s. but to vest in thu
President Of the United States discretionary powers 50
large and indefinite that bis best friends would be unwi.
ing 10 trust them him, and be himself would
desire them lie is TO be invested with discretion
AIRY to keep clear the national highways and with
out either the restraint authority Of any law other than
this TO Interfere with the State jurisdiction and TO use his
own pleasure to the by which these ends are to
be attained.
But sir will net discuss the question Of the nature Of
the legislation which II Is proposed force upon u.s.
speak, as said before far higher subject The House
OF Representatives has right force any legislation
upon us none whatever. II IL THE that can.
not secure an appropriation for the army except on tn
condition OF yielding the powers and constitutional rph
OF this body, say, said before the army must 90
We could exist without army. This scheme OF gov.
eminent cannot be maintained without Senate armed
with all the powers which the constitution has vested IN
IT, II IL comes TO this that lose an appropriation
bill destroy the balance proper diatrihutiop ~