The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-08-28


right of the people to control their funds was
extorted from the British Crown, upon the field
of Runnymede." At the point of the sword,
it was conceded by King John, and faithfully
have the people of England maintained it to
this day. He who reads the biography of
Hampden and Sidney is conscious that in the
mother country the Crown asserts no such right
as that now claimed by the Executive of this
nation; nor dares the Royalty of England ap-
proach his Commons with such language as is
daily uttered at the other end of the CAPITOL in
reference to this body.
"His Majesty, by the grace of God, King
England, Ireland, and Scotland, Defender of
the Faith" &C., &C., even when he has nego-
tiated treaty with another nation. cannot
demand dollar for carrying it into effect; but
he approaches his Commons in the language
of respectful supplication, saying, 1 lay the
treaty before you, that you may Judge of the
propriety of granting appropriations to carry
it into effect"
/ would recommend to the friends of the
Executive in the other end of the Capitol to
| approach this body in language as respectful
as that used by Englands Monarch towards his
| subjects. / make these remarks, for the reason
| that the time has come when think this House
should assert and maintain its independence
an independence inherited from our Saxon an
cestors, and never to be surrendered, but with
| our liberties.
Soon after the adoption of the Constitution,
our fathers discussed this subject. Madison
and Gallatin, and the great men of that age,
expressed their views, while considering "Jay's
| Treaty of 1896" The subject was of great in
| terest. Like that now before US, it was inten
si6ed by its connection with Slavery. Large
claims had been made by Southern slavehold
era against the British Government, under the
treaty of peace of 1888, which stipulated that
the British troops should be Withdrawn from
the forts, arsenals, &C., in the United States,
without taking or carrying away any negroes
or other property Of the inhabitants." During
the Revolution, many slaves had left their
masters, and, taking their families with them,
had embarked on board British vessels, and
sailed for the West India islands. Others had
enlisted in the British army, sworn allegiance
to his Majesty, and became his subjects. The
owners, after the treaty, SUPPOSED they were to
receive full compensation for their losses, under
these stipulations.
Lord Granville, who, on the part of England,
negotiated the treaty of 1885, utterly annihilated
their hopes by a most able expost. Mr.. Jay
nor any human intellect could withstand the
| force of his logic, and those vast claims were
given up. Southern members of Congress were
displeased with the treaty on this account; and
when it had been ratified by the Senate, and an
appropriation of funds to carry it into effect was
asked by the President this body, composed of
the ablest men of the nation, demanded copy of
the treaty, and all papers connected with it, to
determine upon the propriety of granting the
necessary funds to carry it into effect. They
determined to be as independent as the British
| Commons, and, after much discussion, decided
that although the President may negotiate a
treaty, and the Senate confirm it, vet this House
has the clear and indisputable right to withhold
| appropriations for giving it effect This consti-
tutes the highest assertion of the peoples rights.
| 1t forms precedent of the highest character,
showing that we may withhold supplies of money
| if necessary to correct Executive action. Why,
| sir, if the army was now employed by the Exec.
utive to carry devastation and bloodshed through
Ohio, would the Representatives of that proud
State feel bound to vote for money to supply
them with arms and ammunition wherewi.h to
STAY our people, or to furnish that army with
food and clothing while engaged in the massa-
ere of our people? Yet the President has as
much power and as much constitutional right to
employ the army in the murder of the people
of Ohio, as those of Kansas.
So familiar was this principle in l847, that
John Quincy Adams, and those who acted with
him, did not hesitate to vote against all supplies
for carrying on the Mexican war, which they
uecI1eu anu DarDarOuS.
The Senate now insists On striking out the
proyiso in this bill which declares that "no por-
ton of the moneys appropriated by it shall be
expended in employing the army to enforce the
laws of the pretended Legislature of Kansas"
They assert that it is the right of the President
TO enforce those enactments, that we are bound
to furnish him with the necessary funds to do it.
deny the doctrine. ! will never vote one dol
lar for such purposes. On the contrary, l would
far sooner take my position by the side of the
Free State men of that Territory. would sooner
defend them ON the field of battle, than would
feed an army engaged in numbering them
but we Sannat appreciate the gross injustice
OF enforcing these pretended laws of Kansas,
without reference to historical facts We know
that in 1884, the year following the acknowledg.
ment of our national independence, our fathers,
led by Mr. Jefferson, commenced efforts to abol.
ish Slavery in our national Territories. This
work was fully accomplished in 1887; and when
our Constitution Yas under consideretion by the
State Conventions, the patriots of that day ap
pretended that Slavery might at some future
time be permitted to exist under Federal juris-
dictiOn. Some of these Conventions. therefore.
suggested the necessity of adopting an amend
ment that should preclude the possibility of such
q contingency. In obedience to these recon.
mendations, the ten first amendments were
adopted. By the 9Th, it is ordained that "no
person shall bedeprired Of life, liberty, or prop
erty, cithom due process Of la,c."
This constitutional prohibition spreads ;tse,f
wherever federal jurisdict extends 1t doea
not enter the States, who refused to surrender
State authority to Federal power, except on
particular subjects but outside the States. this
constitutional i n. pefvades and spreads over
our wnoe federal Empire, and 10 eanstta,;o,,.
al Slavery ever has existed, or ever can exist. |
in our Territories. Yet we are conscious that
the Constitution exerts no physical force. 1t |
does not of itself punish men who violate its
provisions. 1t can have no effect, while we
perlnit it 10 remain dead letter. If the Presi.
dent were to appoint Judges for our Territories.
willing to support and maintain this constitu.
tlonal provision, no man could be held as q
slave in any Territory of the United States. |
The Missouri prohibition of 1920 was but a |
remuneration of our Western territory to Free
dom.
Under these circumstances, q plan was re- |
Gently devised to overthrow this constitutional
provision, and establish Slavery in Kansas. It |
vas conspiracy against the Constitution,
against Liberty; and its true history becomes
important on this occasion, inasmuch az one of
the original confederates is now loud in his de.
nunciations of this body, for refusing to become |
participants in that iniquitous work.
The acting Vice President of the United |
States for $3.50 has given public account
of the origin of this revolution, now sought to |
be perfected by means of the army. He Ger. |
tainly spoke with intelligence when he said that |
on his arrival in this City, 10 attend the Thirty
third Congress, he held conversation with |
distinguished member of the Senate from iii. |
nois, who had presided over the Committee on |
Territories of that body. That he informed