The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1859-02-23

VIII De all very well. IL Is within hrs con-
stitutional province and prerorativo to do |
80. 1t docs net require the passage of |
this bill TO enable him to do it, II re-.
quircs no appropriation in advance, and
no legislation in advance to enable him 10
do so IF Spain can, by any means, be
induced to part with Cuba, upon any terms
or at any price If the authorized nego-
tiators between the two Governments shall
be able TO conclude a treaty for the pur-
chase of Cuba, upon any conditions let
them do so that will be all well enough.
Only let US know the price to he paid.
Only let us know the terms and stipula-
tons of the contract Only let Us have
an opportunity TO say whether We approve
or disapprove it, before we hazard the all
vance payment Of an nstallment Of $780,
100000 towards it. Before We US umc
the hazard Of such an amount Of money
we only ask to know, rs we have right
TO know, whether or not we will agree to
the terms Of the contract Before we ps-
sumo such a risk, we only ask to know, as
we have a right to know, whether or not
the Senate of the United States, bg the
constitutional majority Of two thirds, viii
advise ard consent TO the ratification OF
the treaty. That is the privilege and pre-
rogative of the Senate, in its capacity as
coordinate branch OF the trcaty-mlk1nc
power, without whose sanction all your
treaties are null and of no effect
In truth, if tho bill before u4 shall be.
come law, as it may, by the concurrin1
votes Of bare majority Of the respective
Houses of Congress, and with The approx
al of tho Executive and If, under its pro
visions, the money appropriated by it shall
be advanced to S pain, it commits this Gov
eminent, so far forth as the prepayment
Of S30,000,000 can commit it, to a treaty
obligation-to treaty Of bargain and sale
which requires the assent Of two thirds Of
this body to give it forco and validity
and I submit that it is, so far forth, in
effect, if not in purpose, legislative as
sumption Of the proper executive functions
Of the Senate. The principle involved in
this bill is precisely the same as though it
appropriated and authorized tho prepay
ment of 500, or of 500,000,000
or whatever amount should be equal TO
the sum stipulated in the treaty to be
paid, instead of appropriating and author
izing the payment OF only S90,000,000 as
part of the consideration stipulated in
the treaty.
The principle is precisely the same,
whether by legislative enactment, you au-
thorize the payment of the whole, or Of
only q part, OF the consideration stipulated
in the treaty before that treaty shall have
been duly ratified. In any point of view
the principle, or rather the practice, is al
innovation, an understandable innovation
the tendency and effect of which is to un
dermine one Of the most conservative pro
visions OF the Constitution. You may
thus, under the guisc Of legislative author
ity, not only form treaty, but you may
discharge the obligations growing out o
it, and perform all the terms and s,pu
lations which it imposes before it is rati
fed-bcfore it is submitted for ratification
and, consequently, before YOU can. b.
any possibility know whether it will ,
ratified or rejected. You thus rccessaril
force upon the Senate the alternative c
accepting treaty which may not con
mend itself to the favor Of o constitution,
majority of the body ; or, by rejecting
of throwing upon thu Government the lo'
of the money so advanced, whatever ma
be the amount, even though it be the entir
consideration Of the purchase
Now, sir, it certainly never could hay
been contemplated by the trainers Of tn
Constitution that the Senate fthe Unite
States, az q coordinate branch OF the ex,
cutive department Of the Governmer
should be forced to such au alternative
Il never could have been contemplate,
that in the exercise Of its constitutions
executive duties it should be compelled {
act under the influence Of such constrain
I cannot but lock upon this bill, in j
principle, its aim and end and effect, as a
artful evasion Of the constitutional priv
leges and prerogatives Of the treaty mi
king power, il it be not direct and II
warrantable infringement Of them al
as an attempt to accomplish, by legisloti'
authority, what the Constitution has car
fully and exclusively condded TO Il
aeaty.making power: and thus to do i
directly what, perhaps, you may ha'
reason to apprehcnd cannot be done {
rectly through the proper constitution
agency, cannot but look upon this bi
10 its effect and operation, as a dangero
usurpation--the term is not too strong
one-of the proper executive functions
the Senate, and as an insidious moyeme
to avoid, to get around, and to get rid
the restrictions and limitations impose
the treaty.making power and thus PR
tically 10 remcvc one o! the strongest &C
stitutional safeguards Of the public sect
ity.
But, Mr.. President, independently
these and OF many other considerable
which do not propose now 10 discuss,
meet this bill appropriating $50 600. OF
to facilitate the acquisition of the isla
of Cuba by negotiation, with the prin
~ objection, which Is, or ought to be, G.
trolling and decisive. in the fact, the s
niacant fact, that the island Of Cuba
not for Saie--that it is not the subject
negotiation. The sole and exclusive p
prietor OF that island says 30. Spain
made proclamation TO the world, that {
ba is not for sale, and that she will lis
to no proposition for lis alienation. It
not to be purchased upon any terms, !