The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-10-09
THE NATIONAL ERA: WASHINGTON D. c, OCTOBER 9, 1856.

The Senate again, under the lead of the Senator
from Virginia Mr. HUNTER, raised the issue
with the House by striking out the proviso. The
House refused to concur. The Senate, under the
same counsels, insisted upon its amendment, and
haughtily announced that it would not ask for q
Committee OF Conference. The House adhered
to its provso, sent the bill back and the Senate,
on the motion of the Senator from Virginia, adj
hered and thus slaughtered the bill here in this
Chamber. The House once more took up the
old bill, and voted to adhere to the proviso.
That bill is now before US. FIVE recede, and
pass it, this controversy will close but the Sem
ator from Virginia. with the full knowledge that
he is again putting the bill in peril, has moved
to insist, and ask a Committee of Conference. In
submitting this motion, he avows that he does
so to give the House another opportunity to
retrace its steps. The House, he tells us, has
acted without proper deliberation, and he now
hopes it will abandon the position it has as
sumed.
The action of the House, Mr. President has
been denounced in unmeasured terms in this
Chamber. The Senator from Virginia Mr.. Hun
TER pronounced the action of the House I'M
parliamentary, unconstitutional, revolutionary"
Assuming to stand upon the sure basis of the
Constitution, the Senator exclaimed, Perish the
appropriation bill Perish the army Save the
Constitution" The other Senator from Virginia
(Mr. Mason joins in the denunciations against
the House. He, too, pronounces the action of
the House to be unparliamentary, unconstitu-
tionaI, revolutionary" The Senator from Con-
necticut Mr.. ToUcEY] untes his voice with the
Senators from Virginia, and denounces the action
of the House, sustained, as that action was, by
the votes of the delegation from the State of
Connecticut, as "unparliamentary, unconstitu-
tional, revolutionary" Sir, the declarations of
these Senators are supported by no authorities,
no reasons, no arguments, no facts. They are
bold, unsupported assertions; and they will have,
upon the Senate and the country the weight
usually attached to declarations which are I'M
sustained by reason, argument, fact, authority.
These Senators have assumed to veil themselves
in the garments of constitutional law and par
liamentary usage. | intend to disrobe the hon.
Orable Senators. mean to strip them so naked,
that TIE mantle of charity, which is said to
" cover a multitude of SINS" will not hide their
nakedness from the public gaze.
Mr.. President: The action of the House is
pronounced unconstitutional" by these Sena-
tors. Other Senators have repeated the declara-
ton. Will these Senators condescend to inform
the Senate what clause of the Constitution the
House has violated by putting this proviso in
the appropriation bill? Will these Senators
point to the violated section or clause? The
House refuses to pass the army appropriation
bill without proviso that the army shall not be
used to sustain the pretended laws of tho Shaw
nee Mission Legislature The House plants it.
self upon its constitutional rights. 1t claims the
power and the right to vote the supplies upon
such conditions as it deems essential to secure
the liberties and redress the wrongs of the peo-
pie of Kansas. The British House of Commons
upon which our House was modelled, has such a
u control" to use the language of Hallam, " over
The Executive power" that no administration
IAN possibly subsist without its concurrence"
The Senator from Michigan Air. CAss admitted,
the other day, that the House of Commons has
nOnnally the power to stop the supplies, but
asserts that it has not exercised that power for
two hundred years. Sir, the British House of
Commons retains, in all its vigor, this power,
which it won by half century of civic strife.
If it does not exercise this power, the reason is
because, to quote the words of Hallam, lit is so
much a participation in the Executive power"
hat the Ministry always retires before the Com
mons resort to its exercise. Even the Melbourne
Ministry that chung with relentness tenacity to
power, retired from Office in l84l, when the
Commons limited that no more money would be
granted. But the House is sustained in this con-
iict by the authority of James Madison. His
,apacious mind conceived, and his skillful hand
framed, many of the provisions of the Constitu-
ion. If any American statesman, among the
living or the dead, ever understood the intentions
Of that instrument, James Madison was that man.
he has been fifty designated the Father of the
Constitution. In No. So of the 9Th volume of the
Eederalist, Mr.. Madison says:
The House Of Representatives. only refuse but
hey alone propose the supplies requisite for the sup
,ort of Government They ii tcord, hold the purse;
hat powerful instrument by which behold in the his
Org Of he British Constitution infant and humble
ohe people gradually the sphere
u iis activity and lmp1 rancc and finally reducing,
TO have wished all the overgrown prerOga-
ives of the othor branches OF the Government. This
'ower the purse may, in fact. be regarded
most complete and efectual weapon with which any Con-
tltuton can arm the immediate representatives of the
PEOPLE, REDRESS OF EVERY GRIEVANCE AND
FOR cARRYINa INTO EFFECT EVERY sALUTARV
xEAsURE."
l submit to every candid mind that tho action
IF the House is fully sustained by this authority
IF Mr.. Madison. "The House of Representa-
ives" says Mr.. Madison, can not only refuse,
but they alone can propose the supplies requisite
or the support of the Government" This dec
aration is full, ample, complete. If the House
can refuse the supplies requisite for the sup
port of the Government" if it possesses this
complete and e6ectioe ,cedpon" " for obtaining
redress Of every grievance, and for carrying into
fleet eUery just and sdlutdyy measure" the occa-
sion surely demands the full exercise of that
power by the House and, in its firm exercise, to
use the words of Madison, I" it will be sustained
by the consciousness of being supported in its
demands by right, by reason, and by the Consti-
.ution."
From O'Brien's American Military Law, pub
shed in lS4S, quote this extract, which fully
sustains the power now claimed by the House:
"Ths preroga,ive of command. so formidable in ap-
will in pracice be found be very limited,
heinned in aud contracted as il may always be by tho
positive or negative action of the National Legislature
The command of the Presidsuf 10 indeed absolute
within its sphere but sphere i. bounded on all sides
by law The moment the Executive overseps the bound
ands are OF no force Congress mag dselore che aud
for irhat ot,cs the army De used and for tcha purpose
IL may NOT Be used and us chart accurately Ie limits
r. Erseutirs potcsr. And within these limits the
action OF the Executive indirectly. but absolutely, de-
ponds the concurrence of Congress which must APP
poprate funds for the purpose, before corporas
guard can be moved.
so contracted is the actual authority of the President
the protective power of his qualified veto his
command might be so restricted by legislation as de-
stroy ITS utility. II IS in the of Congress only
10 protect ITSELF but 10 embarrass the action of the Execu
within certain distance from the Capiio-it may raise
troops for special service such garrison parcu-
lar port operate in partic uar district and NAV
declare that this corps shall serve nowhere else"
Sustained, Mr.. President, by the example of
the House of Commons by the authority of James
Madison, and by the authority have just quoted,
the House of Representatives, the Republican
party, will not shrink from the issue rendered by
the Senator from Virginia, Mr.. HUNrER1 That
Senator told MS that he would appeal to the peo-
ple-that be would arraign the House, the Re-
publican party, before the people, and charge
them with attempting TO go into power over the
ruins of broken Constitution. Supported by
" right, By reason and by the Constitatioan by tie
proud consciousness that we are contending for
the rights, liberties, and lives, of the wronged
people of distant Kansas, against the exercise of
psurped and arbitrary power, we tell the Senator
from Virginia that will meet him before the
tribunal of the people. say to that Senator,
say to his compeers, We are ready this day and
this hour to adjourn to the forum of the people.
Will you do it, Senators of the Administration
Will you do it? You will not do it You dare
not do it No, Senators, you dare not do IT,!
Passing, Mr. President, from the consideration
of the ch of g NJ Sfif ,,tio