Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
In reflecting, for the short time during which the subject had been
before him, he had not been able to pursue it in all its bearings, nor
to solve all the difficulties it presented. He had first asked himself
where was to be found the constitutional power of the Government to
incorporate the territory, with the inhabitants thereof, in the Union
of the United States, with the privileges of citizens of the United
States--is there any such power? And if there is, where is it lodged?
In giving his opinion on the constitutional right of making treaties,
he would say that it was vested in the President and Senate, and that a
treaty made by them on a subject constitutionally in their treaty-making
power, was valid without the assent of this House. This House had, to
be sure, the physical power of refusing the necessary means to carry
treaties into effect; but this power was essentially different from that
conferred by the constitution. But if the treaty-making power should be
exceeded, if it should be undertaken to make it operate upon subjects not
constitutionally vested, he had a right to say that it was his duty not
to carry it into effect. Even should its provisions be highly beneficial,
it was no less their constitutional duty to resist it. He would not
undertake to say that his mind was perfectly fixed, but he entertained
doubts--serious doubts; and he hoped gentlemen would candidly give them
answers.
Mr. RANDOLPH rose for the purpose of satisfying, so far as was in his
power, the doubts expressed by the gentleman from New York (Mr. G.
GRISWOLD). He had listened with great pleasure to the candid exposition
which the gentleman had given of his objections, and from the temper
which he had manifested, Mr. R. relied on being able to satisfy some
of his scruples on this subject. The objections which have been urged
to the motion before the committee, resolved themselves into arguments
against the constitutionality, and arguments against the expediency of
the treaty proposed to be carried into effect. As it would be needless
to repel objections of this last kind, unless those of the first
description could be satisfactorily answered, he should first reply to
the observations which had been made on the constitutional doctrine.
Public-domain text, read in full here on John Shaqi.
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