Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1856-05-13
TuiHrY-r0UgTH CuxCMEsi-Eir.ts eo.iou
THURSDAY, MAY Y, 1851.
SENATE.

SENATE.
On motion of Mr.. Mason, the Senate took up III.
! resolution reported from the committee on foreigr
rrn,i0ns declaring the notice which had been giver
by the President to Denmark to terminate the treaty
| with that government regulating the payment Oh
sound dues Is sufficient aud hat other further
act ot Legislation Is necessary to put end said
treaty as part Of the law of tn. land
Mr.. Stuart moved tn strike out the latter portion
| "and that 10 other" &c.
| Mr.. Sumner opposed the resolution. In this coun
| try the war-maknS power has been lodged in Con
| yress, while the treaty. maxim. power has been lody
| oil in the President with the advice aud consent o
| the Senate. There is no specific provision in the
constitution with regard to tho treaty abrogstinu
power; but we are left to argument and Inference
| where that great power is lodged, which in other
governments is connected with the two other bowers
| named. He proceeded to argue that the power of
abrogatng treaty 80 extraordinary ~ il il in its
character ought not TO bs committed to any mere
| fraction Of the government.
1t should be committed to the government in lis
highest manifestation, embodied in an act of Con
grrss. The magnitude Of the power in the absence
OF any specific provision in the constitutions seemed
| Ia suggest this conclusions. But there was another
consideration. The treaty-abrogating power was
kindred in character to the WAT making powrr which
expressly lodged in Congress. The aLrpgapn Of
treaty might be prelude TO war--it might provoke
Former usage was in favor of the termination
Of treaties by the joint action Of the two Huuses and
he proceeded To review the given by tho COM
nittce foreign relations, their report for the
change proposed.
The languag. Of this treaty had been copied in
other treaes and there Were now less than forty
four treaties which contain this peculiar provision so
that it was an important question.
Mr. Stuart said that when the resolution was ADOPT
ed authorizing the President 10 give the notice to
Denmark, il WAS done as business was usually done
III executive session, without much considerations
He alluded 20 the fact that the President in his annual
message both houses Congress recommended that
hp farm cd hy fba
notice stipulated. This showed that in the opinion
nj the President II was subject for the action Of
Congress- and not for the Senate in executive
But the President was the only organ of COMMUNE
cation with foreign power, any notice which he
might have given to Denmark binding on her
inasnuch as she could not go behind the notice TO
see whether not it had been given upon proper
thor;y And if binding Denmark, it must also
he binding this country; or else the anomaly would
be presented Of one party to contract being bound
by its provisions while the other party was not.
Mr.. Seward sustained the views Of Mr.. Sumner,
conending that the treaty could not be- abrogated by
the making of treaty by the Prssidenr, with
the consent of twOrhirds Of the Senate or by the
passage of an act Of Congress declaring the treaty
null and VOID.
Mr.. Clayton, as a member of the committee on for
eign relations, Sustained the action of the committee
and advocated the resolution.
Messrs. Hale, Toombs, Coamer and BENJAMIN
opposed the resolution, and SIR. Bayard HIed it,
Mr. Crit!eudcn desired 10 know il the Presid. mt
could not by his own act terminate the treaty,
and il the Senate had given him authority termi.
it at specified time, how could the President by
his own act extend the time After the treaty had
come TO an end By its own Imitation what authority
had the President alone to revive it Yet he bad tx
tended the time two months; and how did the two
countries now stand Was there any treaty between
them not Ii seemed 10 him TO be very grave
question, which deserved further consideration He
thou ht this government had 90, into bad fix and
the best thing would bc to authorize the President TO
retrace the notice altogether and leave Lac treaty in
force as before. Denmark poor country, de.
pending on these Sound Dues for support, and as it
was n small sum annually which this country had to
pay, it would be better TO submit to il, and
the risk Of involving the country in war ubout such
O small ALTAR.
The subject postponed until TO- morrow, and
the Senate adjourned.
HOUSE OF REPRESENTATIVES,
The House well as the Senate, adopted the report
of the committee Of conference, regarding the bill
Of the bounty land law vf 1850 1t pro-
vIde5 that parole evidence, where record exists.
may be admitted to prove military service performed;
CONSTITUTES the eighth section Of that act 10 embrace
the officers, marines, ssamen and other persons
gagged in the naval service during the revolutionary
war, and their widows and minor children, aud allow
ing 10 compute the time Of service one day for every
~ miles from the place where the troops organ.
lied 10 the muster ground, ard on the return after dis
charge
On motion of Mr.. Pennington, it was resolved that
The President, il compatible with the public interests,
such information may he in his pos
session. touching the recent disturbances at Panama
md the interruption of other routes over foreign ter
rirory, between the Atlantic and Pacific oceans. and
what measures have been taken tor the protection of
American interests relative to the same.
The House resumed the consideration of its disa
reen-nt to the amendments vi the Senate 10 the de-
tciency appropriation bill.
Mr. tiiidlngs earnestly attacked the item for the
expenses Of the judiciary in Ohio, and wasrrarmly
condemuug the application 10 discharge arrearag's
contracted for returning fugitive slaves 10 Kentucky
.rhen he suddenly tainted and fell 10 the floor The
members Immediately rushed to the scene. and con.
reyed him 10 sofa near hoIs-d window. smld great
excitement.
After various suggestions, it agreed to change
the business and receive reports for an hour. Mr. !
Giddngs returned 10 consciousness, and was |
from the hall 10 his home
Mr.. Campbell, Of Ono, from the committee Of ways /
and means, reported the post-otlce and ocean maj!
steamer appropriation bill
The House passed the bill granting upwards OF a
million and halt of leud to Iowa TO aid the |
construction Of rail roads therein. Yeas ~ nays 49,
Mr.. Smith, o: Alabama from the committee on cleo
ions. reported resolution that the parties 10 the New
Mexico contested election bs authorized TO appear
before the House either in person by counsel, to
defend their respective claims.
Dir. Smith said the resolution wac more especially
designed for the sitting member, Mr.. Gailegns, who
.annDt speak English sufficiently well TO argue his
Ease before the House.
Mr. Jones Of Tennessee, moved tcRt On interpreter,
instead Of counsel, be employed He WIS opposed TO
setting the dangerous precedent 10 let counsel appear
Mr.. Smith Of Alabama. stated that the committee
mud decided against Mr.. Gallegos the sitting member,
and in favor of Mr. Otero the contestant, ard show
I'd the necessity of authorizing the employment of
counsel.
After further debate the subject was passed over.
Mr.. Gidlings having returned to the Hail. conclu.
led his remarks on the subject which he was en-
rag cd at the time he fainted.
The House then adjourned.