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
But the gentleman does not rest himself on this ground alone. He does not
embark his whole treasure in a single bottom. Granting that the United
States are not destitute of capacity to acquire territory, he denies
that this acquisition has been made in a regular way--Congress, says
he, alone is competent to such an act. In this transaction he scents
at a distance Executive encroachment, and we are called upon to assert
our rights, and to repel it. If any usurpation of the privileges of
Congress, or of this House, be made to appear, I pledge myself to that
gentleman to join him in resisting it. But let us inquire into the fact.
No gentleman will deny the right of the President to initiate business
here, by message, recommending particular subjects to our attention. If
the Government of the United States possess the constitutional power
to acquire territory from foreign States, the Executive, as the organ
by which we communicate with such States, must be the prime agent in
negotiating such an acquisition. Conceding, then, that the power of
confirming this act, and annexing to the United States the territory thus
acquired, ultimately rests with Congress, where has been the invasion
of the privileges of that body? Does not the President of the United
States submit this subject to Congress for their sanction? Does he not
recognize the principle, which I trust we will never give up, that no
treaty is binding until we pass the laws for executing it--that the
powers conferred by the constitution on Congress cannot be modified, or
abridged, by any treaty whatever--that the subjects of which they have
cognizance cannot be taken, in any way, out of their jurisdiction? In
this procedure nothing is to be seen but a respect, on the part of the
Executive, for our rights; a recognition of a discretion on our part
to accord or refuse our sanction. Where, then, is the violation of our
rights? As to the initiative, in a matter like this, it necessarily
devolved on the Executive.
Mr. R. said, that he would not dilate upon the importance of the
navigation of the Mississippi, which had been the theme of every tongue,
which we now possessed unfettered by the equal claim of the nation
holding the west bank, a fruitful source of quarrel; but he would call
the attention of the committee to a report which had been made at the
last session and to which publicity had lately been given.
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