Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1859-02-25
OF HON. SOLOMON FOOT,
VI hhhbNAf
ON TIE ACQUISITION OLE cIrRA


Delivered in the q. s. Senate, February 10, 1852.
Mn. PREsprNr II am quite obliged to the honorable
Senator from Ohio for the courtesy ne is pleased to ex
ted To me, in yielding the floor 10 for short time
Before the general debate shall have opened this b
desire 10 move a slight amendment 20 H. and 10 en-
dcaor to enforce it BY few remarks They will be very
brief desire 20 amend the bnl by inserting, in the
twenyseyenth line after the word Spain" the words
and by the United States " 80 that, If thus amended,
the clause will read as follows
Io be used by him in the that the said treaty.
when signed by the authorized agents Of the two Govern
mcnts aud duly ratified by Spain and the United States
thereof"
The purpose Of the amendment is and tue effect Of IT,
adopted, viii be TO inhiht the payment Of the money
appropriated by the bill, any part Of it. to Spain until
the which may be made for the purchase Of Cubs
shall have been completed until the treaty Of purchase
shall have been duly ratified by both Governments;
until the bargain Of sale and purchase shall have been
asscnted to by both parties This only the proper
and ordinary mode but it is the only sensible and
straightforward and busnessike mode Of proceeding in
such cases. No prudent practical man pays, or au-
thor1es ne payment Of large sum Of money upon
contract in process Of negotiations and before Il Is con-
eluded before the bargain Is agreed to by both Sides
The common and homey old maxim, that 't takes two
20 make bargain, is as applicable to Governments
70 individuals and the legal rule that it is bargain
until the minds " both parties meet upon H. applies as
f1rcby n the in the other IL time enough
20 pay when the bargain shall have been fully closed
Mr.. President, however desirable the acquisition Of
Cuba may be- however desirable it be represented
20 be- under any possible supposed state Of circum-
stances however honorable gentlemen may be pleased
states. upon commercial political considerations, the
question u It's acquisition by fair and honorable means
the question whether we would have it II could have
II just and reasonable terms presented to US in
The bill now before u.s. The simple, naked, and only
question which this bill, as it stands presents
Is, whether Congress will appropriate $4,000 O00 from
exhausted Treasury and superadd that amount to an
already rapidly accumuating public debt in order
able the President Of the United States to do lust what
he has now the right and power to do under the Constu
ton which is nothing less than to enter into
negotiation with SPAIN Il she will negotiate at all about
it, for the purchase Of Cuba In other words and more
strictly speaking, perhaps the question. and the only
question: presented TO by this bill is, whether YOU win
authorize the President Of the United States the event
Of treaty being negotiated for the purchase Of Cuba be-
tween the agents Of the two Governments to pay over
this sum Of money to the Spanish authorities upon the
assent Of Spain to such treaty. and before is submitted
70 us Tor ratification. and before the and
dions Of the treaty shall have been made known our
own Goyrumen That's the simple question presented
/ to us in this bill.
The proposition contained in the BILL as it now stands,
Is nothing more nor less than this whether you will
thorze the immediate payment Of SO000 900 TO Spain
upon n assent TO treaty for the sale Of Cuba to the
United States and before the and conditions Of
/ that treaty shall have been made to Government.
and which will Of course be liable rejection when the
terms and spuatons Of the treaty shall have been made
known to our government aud when it shall have been
submitted 70 for ratification rejection notwithstand-
ing the prepayment Of the $50 900. see then,
possible for the appropriation and prepay
ment Of this $50 0OO unless il be to serve The double
purpose of bride to the Spanish authorities make
treaty and Of an indacemeR to the American Senate
II the acquisition OF Cuba be att3nablc terms
II it be at all aainable by negotiation SPAIN contrary
TO her most positive and solemn declaration, be in
dueed to open negotiations to receive propositions for
the alienation Of Cuba to the United States IT, in Short
the President Of the United States shall fit open
negotiations with Spain, or attempt 20 negotiate with
Spain, for the purchase Of Cuba, let him do That
will be all very we'll 1t is within his constitutional prov
ince and prcogatye to do II does require the
passage Of this bill to do it, Irequires appropriation
in advance and no legislation in advance, to enable him
to do 50. If Spain can, by any means be induced to
part with Cuba upon any terms or at any price, If the
authorized negotiators between the two Governments
shall be able to conclude treaty for the purchase OF
Cuba, upon any conditions, let them do that will be
all well enough Only let know the price be paid.
Only let US know the terms and stipulatons Of the
tract Only let us have opportunity approve dis
approve it, before hazard the advance payment Of
nsallment OF S30,000,000 towards it. Before we as
| sumo the hazard Of such Of money, we only
ask to know, have a right know whether or not
we will agree TO the terms Of the contract Before we
assume such risk, only ask TO know, We have
right know, whether the Senate of the United
States by the constitutional majority Of two-thrds will
advise and consent to the ratification Of the treaty That
is the privilege and prerogatve Of the Senate in its
pacity coordinate branch Of the treay-makng pow
er, without whose sanction all your treaties null and
In truth, if the bill before shall become law, as it
may, by the concurrng votes Of bare majority Of the
respective Houses Of Congress- and with the approval Of
the Executive and H. under its provisions, the money
appropriated by Il shall be advanced Span commits
this Government far forth the prepayment Of S3O
O0OOOO can commit it, TO treaty obligaton-to treaty
Of bargain and sale, which requires the assent Of two
thirds of this body to give it force and validity and
II
pose, legislative assumption Of the proper executive
functions Of the Senate. The principle involved in this
bill is precisely the same as though It appropriated and
authorized the prepayment of Sl0s, ,0O0000 or $780,
100000, whatever amount shall be equal to the
stipulated in the treaty be paid instead Of appropat
ing and authorizing the payment Of only $50 900 900
part Of the consideration stipulated in the treaty.
The principle is precisely the same, whether. by
legislative enactment you authorize the payment Of the
whole or OF only part, Of the consideration stipulated
in the treaty before that treaty shall have been duly ra
fed In any point Of view, the principle, or rather the
practice is an innovation. unwarranabe innovation.
the tendency and effect Of which is undermine OF
the conservative provisions Of the Constitution.
You may thus, under the guise OF legislative authority,
not only form treaty. but you may discharge the oblga-
tons growing out Of it, and perform all the terms and
spuatons which it imposes before il is atifndbefore
IL is submitted for Tathcaonand, consequently before
by any possibility, know whether II will be rati-
fed rejected You thus necessarily force upon the
Senate the alternative Of accepting a treaty which may
not commend itself TO the favor Of constitutional
ority Of the body or. by rejecting it, Of throwing upon
the Government the loss of the money so advanced,
whatever may be the amount though il be the
tire consideration Of the purchase.
Now sir it certainly never could have been contem-
plated by the trainers OF the Constitution that the Senate
Of the United States, coordinate branch Of the Ex-
ccutve department Of the Government should be forced
to such an alternative. 1t never could have been con-
templaed that in the exercise of its constitutional
utye duties il should be compelled to act under the in
huence OF such cOnstran cannot but look upon this
bill Ia its PRINCIPLES its aim and end and effect as an
artul evasion Of the constitutional privileges and pre-
negatives Of the treaty making power, II be not direct
and unwarrantable infringement Of them and an at
Constitution has carefully and exclusively conhded TO the
treaty-making power and thus to do indirectly what
perhaps you may have reason to apprehend be
done directly through the proper constitutional agency,
cannot hut look upon this BILL In its effect operation
as a dangerous usurpatOnthe term is not too strong
oneof the proper executive functions Of the Senate,
and insdious movement TO avoid to get around
and get rid Of the restrictions and limitations imposed
by the treaty making power and thus practically 10
move one Of the strongest constitutional safeguards Of the
public security.
But, Mr.. President, independently of these, and OF
many other considerations, which do propose now
10 discuss meet this bill approprating $50, 900 900
facilitate the acquisition Of the island Of Cuba DO
collation. with the primary objection which is, ought
be, controlling and decisive, in the fact the significant
fact that the island Of Cuba not for sdthat il is not
the subject Of negotiation. The sole and exclusive pro-
pretor Of that island says Spain has made procla
nation 10 the world that Cuba Is not foI sale and that
she will listen 10 proposition for its alienation. 1t is
to be purchased upon any terms at any price,
short Of the price Of blood. This is the unanimous voice
Of the Spanish ministry and Of the Spanish cortez, and
an parties in Spain. How idle is H. them how far
than idle is it, TO be appropriang the vast Of $780,,
100000 10 enable 10 acquire, by negotiation, what
know and what the world knows cannot be acquired in
that way Spain has already spurned offer Of SlO0,
001000 for Cuba She will spurn il again though your
offer be for twice or three times that amount She re-
CARDS the very proposition an ndgnity TO her lVnor,
her pride, If you please, tu her very weakness,
especially when the very question Is aecompansAwith
quasi menace, and in Of arrogant assumption, or
Of dicatoria demand as the last Executive message.