Charles Sumner: his complete works, volume 05 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 05 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
This instance is particularly in point; for the treaty was terminated,
in accordance with its stipulations, by notice from the United
States,--precisely as it is now proposed to terminate the treaty with
Denmark. And the notice given to Great Britain with regard to the
treaty is declared to be “for the abrogation of the same.”
Such, Sir, is the rule of the Constitution, sustained by authoritative
precedents, in the abrogation of successive treaties with two powerful
nations, France and Great Britain. Surely there cannot be one rule for
large nations and another for small nations; nor will any one argue
that a treaty with France or Great Britain can be abrogated only by
Act of Congress, but a treaty with Denmark may be abrogated by the
President without an Act of Congress. And yet, in apparent harmony with
this fallacious distinction, the Executive, merely with the consent
of the Senate, obtained in secret session, assumes to abrogate a
treaty with weaker Denmark, and has given notice that this abrogation
will take effect on the ensuing 14th of April. Not content with the
_treaty-making_ power which it possesses under the Constitution, it
assumes the _treaty-abrogating_ power, which it does not possess. And
this assumption becomes more objectionable, when it is considered how
completely it excludes the House of Representatives from an important
function in the Government. Louis the Fourteenth, in the pride of
conscious power, exclaimed, “I am the State”; and permit me to say,
that our own Executive, undertaking to act in this matter without
the sanction of Congress, effectively makes the same declaration. To
the Senate is justly accorded large powers; but it now assumes more.
Only lately it authorized the origination of the great appropriation
bills, constituting the mainspring of the Government, in defiance of
uninterrupted usage, and, as I submit, the spirit of the Constitution.
What next, Sir? “Glamis thou art, and Cawdor!” And where, Sir, in this
career of aggrandizement, will you stop?
Whatever may be the merits of the existing controversy with Denmark,
I trust that the President will not clutch so eagerly at the promised
fruits as to disregard the requirement of the Constitution, and the
voice of the popular branch, in the repeal of an existing law. In vain
you will urge the good accomplished. To do even a great right, it is
not safe to do even a little wrong. At all events, I call attention
to this extraordinary assumption, that it may not be recorded for a
precedent. I call attention to it, also, that the needful steps may be
taken forthwith, in order to make effective the notice which has been
given, without due authority under the Constitution. The treaty with
Denmark is at this moment part of the supreme law of the land, and can
be abrogated only by Act of Congress.
Public-domain text, read in full here on John Shaqi.
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