Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
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Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
“I admit there may be extreme cases, in which this House would be
justified in withholding such an appropriation. ‘The safety of the
people is the supreme law.’ If, therefore, we should believe any mission
to be dangerous, either to the existence or to the liberties of this
country, necessity would justify us in breaking the letter to preserve
the spirit of the Constitution. The same necessity would equally justify
us in refusing to grant to the President his salary, in certain extreme
cases, which might easily be imagined.
“But how far would your utmost power extend? Can you re-judge the
determination of the President and Senate, and destroy the officers
which they have created? Might not the President immediately send these
Ministers to Panama; and, if he did, would not their acts be valid? It
is certain, if they should go, they run the risk of never receiving a
salary; but still they might act as Plenipotentiaries. By withholding
the salary of the President, you cannot withhold from him the power;
neither can you, by refusing to appropriate for this mission, deprive
the Ministers of their authority. It is beyond your control to make them
cease to be Ministers.
“The constitutional obligation to provide for a Minister, is equally
strong as that to carry into effect a treaty. It is true, the evils
which may flow from your refusal may be greater in the one case than the
other. If you refuse to appropriate for a treaty, you violate the faith
of the country to a foreign nation. You do no more, however, than omit
to provide for the execution of an instrument which is declared by the
Constitution to be the supreme law of the land. In the case which will
be presented to you by the appropriation bill, is the nature of your
obligation different? I think not. The power to create the Minister is
contained in the same clause of the Constitution with that to make the
treaty. They are powers of the same nature. The one is absolutely
necessary to carry the other into effect. You cannot negotiate treaties
without Ministers. They are the means by which the treaty-making power
is brought into action. You are, therefore, under the same moral
obligation to appropriate money to discharge the salary of a Minister,
that you would be to carry a treaty into effect.
“If you ask me for authority to establish these principles, I can refer
you to the opinion of the first President of the United States—the
immortal Father of his Country—who, in my humble judgment, possessed
more practical wisdom, more political foresight, and more useful
constitutional knowledge, than all his successors.
“I have thus, I think, established the position, that gentlemen who vote
for the amendments now before the committee, even if they should not
prevail, may, without inconsistency, give their support to the
appropriation bill.”
Public-domain text, read in full here on John Shaqi.
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