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LEGISLATIVE APPROPRIATION BILL.
June 30, THE CONGRESSIONAL GLOBE. the salary of the judges of the eastern and southern districts of New York at $4,000. The sundry amendments. of the Treasury against unlawful claims, with of private property taken by such person as an officer or agent of the United States, in virtue
the spire statistics furnished by the Solicitor of the Treas The bill was read. The first section provides or under color of the act aforesaid, or the act ury, and embodied in the last annual report of the Treasury Department, show that these that all the provisions of section eight of the approved July 2, 1864, entitled "An act in
The act of July 28, 1866, entitled " An act to pro: addition to the several acts concerning comjudges in the city of New York do more than tect the revenue, and for other purposes," and mercial intercourse between loyal and insur: quadruple the work done by the judge in the district of California ; and no one, I think, will
the forms and modes by that section and the rectionary States, and to provide for the colclaim that the expense of living in the city of
twelfth section of the act of March 3, 1863, || lection of captured and abandoned property, New York is less than the expense of living in suits, withholding executions, and paying judg. therein reserred to, prescribed for prosecuting | and the prevention of frauds in States declared in insurrection,'' the defendant may and shall
Emper the city of San Francisco. There is evidently ments against oflicers of the United States, or plead or allege in bar thereof that such act was do propriety in exacting from the judges in the other persons engaged in executing the acts done or omitted to be done by him as an offi
Empeful district of New York quadruple the labor per relative to captured and abandoned property, cer or agent of the United States in the adformed by the judges in California, and yet shall extend and be applied to all suits and ministration of one of the acts of Congress allowing them but four fifths of the pay. The proceedings (except those in behalf of the aforesaid, or in virtue or under color thereof
, salaries paid to the judges of these two dis United States) which have been brought, or and such plea or allegation shall be, and sball tricts, who are men of the highest character may hereafter be brought, against any officer be deemed and adjudged in law to be, a comfor talent and industry, should bear some re or agent of the Government, civil or military, | plete and conclusive bar 10 any such suit or lation to the salaries paid to other judicial for acts done during the rebellion while acting action. officers in the city of New York; and yet the by virtue or under color of his otlice or employ. The SPEAKER stated that the morning ward justices in that city are paid at the present () ment; and every defendant in such suit or pro bour had expired, and the bill went over until time $6,000 per annum, or more than the judges | ceeding having made full defense thereto, and to-morrow. of the United States residing there, and more having notified the Attorney General of the than this bill proposes to give them.
United States to appear and defend the same, Mr. WASHBURNE, of Illinois. I ask the shall be entitled to the full benefit and protec
Mr. WASHBURNE, of Illinois. I am di
rected by the Committee on Appropriations to gentleman from New York [Mr. CHURCHILL) tion provided in said section for officers and
report back the amendments of the Senate to to yield to me for a few minutes,
agents of the Government engaged in the colMr. CHURCHILL. I will do so. lection of the public revenue; and any de
the legislative appropriation bill, and to move
that they be referred to the Committee of the Mr. Mr. WASHBURNE, of Illinois. fendant being aggrieved by any order or direc.
Whole on the state of the Union, and the Speaker, only a year or two ago Congress tion, certificate, ruling, or judgment of any adjusted the salaries of all these United States court made or had in any such proceeding, report of the committee be ordered to be
printed, judges upon what was deemed a fair, just, and may except thereto and appeal therefrom to
The motion was agreed to. equitable basis. the Supreme Court of the United States, and
Mr. WASHBURNE, of Illinois. I give Mr. SPALDING. Only at the last session have the questions arising there heard and determined.
notice that I expect to-morrow after the worn. of Congress. Mr. WASHBURNE, of Illinois. Only at The second section provides that no action | ing hour to move to go into committee to take
Mr. or suit shall be maintained in any court of the up and act on these amendments. It is a very the last session we adopted what was intended as a definite settlement of this matter; yet now
United States, or of any State thereof, in the long bill, and we ought to get it into the hands
of a conference committee at the earliest prac. it is proposed in this special bill to raise the
ticable moment. against the United States, or any person, for salaries of the district judges in the city of New or on account of any act done or omitted to
PURCHASE OF ALASKA. York. I have no doubt that these two gentlemen, Judge Blatchford and Judge Benedict, be done by such person as an officer or agent of the United States, in the administration of || Speaker, before moving to go into the Com
Mr. BANKS. It was my intention, Mr. are good judges, and perhaps their salaries are
the act of Congress entitled "An act to pronot adequate, but I do protest against this vide for the collection of abandoned property | evening session for debate, but on the repre
mittee of the Whole, to move there be an special legislation. As the gentleman has
and for the prevention of frauds in insurrecspoken in regard to the amount of duty per
sentation of the minority committee I am formed by these judges, I undertake to say that | tiovary districts within the United States," and
induced to forego that purpose. the judge of the northern district of Illinois, | approved March 12, 1863, or of the act of Con
Mr. ELIOT. I wish to offer an amendment. gress entitled “An act in addition to the sev
The SPEAKER. That will be in order in
do who gets precisely the same salary as these judges in New York now get, works as many eral acts concerning commercial intercourse the committee.
between loyal and insurrectionary States, and bours as they; and I do not know any reason to provide for the collection of captured and there will be an evening session. If this goes
Mr. WASHBURNE, of Illinois. I hope why a discrimination should be made between them. If these two district judges are to have abandoned property, and the prevention of over until to.morrow I shall move to postpone
frauds in States declared in insurrection," their salaries raised, I insist that the salaries
it and take up the amendments of the Senate
ch of other judges who have just as much to do || approved July 2, 1864, or in virtue or under color of the acts of Congress aforesaid, or any
to the legislative appropriation bill. should also be increased.
The SPEAKER. Tbere are several memMr. CHURCHILL, In answer to what has other acts of Congress relative to the said bers not upon the committee who would be
insurrectionary States, or to persons or prop: been said by the gentleman from Illinois, I
willing to speak this evening. The Chair has will inforın him that while during the last year erty therein; and to any action or suit which
the names of ten gentlemen who wish to speak may have been heretofore, or shall hereafter eight hundred and seventy-three suits in which
on this question. be, instituted by any lien against the United the United States was a party were commenced
Mr. BANKS. I move that the committee in the southern district of New York, there States, or any such person as aforesaid, ou take a recess from four and a half o'clock until
account of any act done or omitted to be done were only two hundred and eighty-two in the
half past seven o'clock p. m. district in Illinois to which the gentleman has as aforesaid, the defendant may and shall The motion was agreed to. referred. This bill, instead of requiring these plead or allege in bar thereof that such act
Mr. BANKS moved that the House resolve judges to hold court as it is held by the judges was done, or omitted to be done, in the admin
itself into the Comunittee of the Whole on the in the State of Illinois, requires that they shall istration of one of the acts of Congress afore
state of the Union on the special order, sit daily during the year, with the exception of said, or in virtue or under color thereof, and
The motion was agreed to. Sundays and holidays and the summer vaca such plea or allegation shall be, and shall be tion. The amount of labor of these judges is deemed and adjudged in law to be, a complete
The House accordingly resolved itself into
the Committee of the whole on the state of the and conclusive bar to any such suit or action, very great, and it is but fair they should have the inconsiderable increase of salary proposed
The third and concluding section provides
Union, (Mr. Garfield in the chair,) and profor them by this bill. I call the previous questhat it is hereby declared to have been the true being House bill No. 1096, making an apres
ceeded to the cousideration of the special order, tion.
intent and meaning of the act approved March The previous question was seconded and the 12, 1863, entitled * An act to provide for the
priation of money to carry into effect the treaty
with Russia of March 30, 1867.. main question ordered.
collection of abandoned property and for the The amendment of Mr. STEVENS, of Penn. || prevention of frauds in insurrectionary districts
Mr. BANKS addressed the committee for an sylvania, was agreed to; there being on a divis within the United States," that the remedy
hour and a half. [His speech will be published ion-ayes 56, noes 42. given in cases of seizure made under said act,
in the Appendix. ] The remaining amendments were agreed to. by preferring claim in the Court of Claims,
At four o'clock and forty-five minutes p. m. The bill, as amended, was ordered to be should be exclusive, precluding the owner of
the committee took a recess until balf past seven
o'clock p. m. engrossed and read a third time; and being any property taken by agents of the Treasnry engrossed, it was accordingly read the third Department as abandoned or captured property time, and passed. in virtue or under color of said act from suit
EVENING SESSION. PROTECTION OF GOVERNMENT OFFICERS, ETC.
at common law, or any other mode of redress At half past seven o'clock p. m. the Speaker
whatever, before any court or tribunal other Mr. BOUTWELL, from the Committee on than said Court of Claims; and in all cases in
took the chair, and stated that in the absence the Judiciary, reported back House bill No.
of the chairman of the Committee of the whole which suits of trespass, replevin, detinue, or 1131, regulating judicial proceedings in certain any other form of action may have been brought in his place.
Mr. GARFIELD, he would ask Mr. Ortu 10 8 cases for the protection of officers and agents and are now pending, or shall hereafter be of the Government, and for the better defense ll brought against any person for or on account
The House then, under the order of House, resolved itself into the Committee of E
centauon of the minority WIE
tabe s recess from four and a hall
priation of money to carry into the
Mr. B.LVAS addressed the name aan
At half past seren o'clock p. z oo took the chair, and stated ibat in the of the chairman of the Committee Vr. GARFIELD, he would 15h I will
hour and a hall. (His speech ori de partes
At four o'clock and fortr.bre
private property taken by such pers? et lices or agent of the United Nates in the s under color of the act aforesaid
. ceter proved July 2, 1864, entitled "hax: ition to the several acts contrair!!! mercial intercourse between lopal es stionary States, and to provide fer un ction of captured and abandoned cater
. nd the prevention of frands in sale de in insurrection," the defendant mas aina
evl or allege in bar thereof that seiko one or omitted to be done by bin kui Cep of agent of the United States is 21
ministration of one of the set of atoresaid, or in virtue or under een te and such plea or allegation shall be use be deemed and adjudged in das so beaut plete and conclusive bar 10 any so uction,
The SPEAKER stated that they hour bad expired, and the bill wes au
LEGISLATIVE APPROPRIATION Mr. WASHBURNE. of Miers 1 x rected by the Committee on diperpins report back the amendments of bbw legislative appropriation bil.si that they be referred to the l'opz-13 Whole on the state of the Cze report of the committee be ordent at pritled.
The motion was agreed to.
Mr. WASHBURNE, of li ma l notice that I expect to-morrow ater ing bour to move to go into cieco up and act on these amendaela tua long bill, and we ought to get it jen dhe of a conference committee at the east ticable moment.
PERCHASE OF ALASKS Mr. BAVKS. It was my BESLA, Speaker, before moving to go isa ide mittee of the Whole, 10 more
Whole on the state of the Union, (Mr. ORTH wise we will be bound by like acts in the future
gest the consideration of the expediency of institutin the chair,) and resumed the consideration of by adopting these without protest.
ing a temporary commission for that purpose, to the special order, being House bill No. 1096, An attempt is being made, through the means
consist of three persons, whose authority shall expiro
with the occasion." making an appropriation of money to carry into of the treaty-making power, to concentrate
In consideration of the subject Congress effect the treaty with Russia of March 30, 1867. almost all of the power of this Government The CHAIRMAN stated that Mr. LOUGH in the hands of the President, subject only to
passed an act authorizing the appointing three RIDGE was entitled to the floor. the advice and consent of the Senate. And
commissioners and giving them the power to Mr. LOUGHRIDGE. I move the following this proposition is, if adopted: a long step in $20,000 for the purpose. The President ap
treat with the Indians, and appropriating amendment in the nature of a substitute: that direction. I hesitate not to say, sir, that
pointed the commissioners and gave them 30th of March, 1867, entered into a treaty with the protest, we make this appropriation, we shall
, House, in which instructions the following lanWhereas the President of the United States, on the || if, without any explanation, disaffirmance, or
instructions, which were communicated to the Emperor of Russia, by the terms of which it was stipulated that in consideration of the cession by the
so far as this House can do it, have surrenEmperor of Russia to the United States of certain dered practically all the power of the Govern
guage was used; territory therein described, the United States should ment into the hands of the treaty.making
“You will please to observe that the wholo sum that pay to the Einperor of Russia the sum of $7.200,000 in 1 department, and reduced this House to the
can be constitutionally expended is $20,000, and that
the same cannot be extended." coin; and whereas it was further stipulated in said treaty ibat the United States shall accept of such ces position of an involuntary agent of that power Why could the commissioners not expend sion, and that certain inhabitants of said territory ) with no discretion but to carry out its expressed
more than $20,000 constitutionally? Because shall bo adipitted to the enjoyment of all the rights will. That we are rapidly dritting in that direc- || Congress had not authorized it.' Notice the and immunities of citizens of the United States; and whereas the subjects thus cinbraced in the stipula- tion it seems to me must be apparent to the || language of President Washington : tions of said treaty are among the subjects which by most casual observer. By substituting a forthe Constitution of the United States are submitted
"If it should be the judgment of Congress that it
would be expedient"
“I think proper to suggest." &c.
be Executive, there is nothing within the whole
Here was a direct admission by the Presi-
dent of the power and control of Congress therein. To the end that the same may be carried or intervention of this House. I defy any gen.
over the Indian question. The commissioners into effect: Therefore, tleman to point out a single act of legislation | House of Representatives, in March of the same
appointed not having effected anything, the Sec. 1, Be it enacted, that the assent of Congress is hereby given to the stipulations of said treaty. that cannot be done through and by the treaty.
year, passed the following resolution : The CHAIRMAN. The Chair will inform making power, if we admit that power to the the gentleman it was the agreement that no extent claimed by the Executive.
"Resolved, That provision ought to be made by law
for holding a treaty to establish peace between the business should be done this evening, but the
Why, sir, but a few months since, through the
United States and the Wabash, Miami, and other session should be devoted to debate on the
means of this treaty-making power, eight hun. nations of Indians northwest of the Obio river; also Alaska purchase. dred thousand acres of the most beautiful land for regulating trade and intercourse with the Indian
tribes and the mode of extinguishing their claim to on the continent bas been transferred to the Mr. LOUGHRIDGE. I give notice, then, I
lands within the United States."
ownership of a private citizen without the con-
This resolution shows that the House of Rep-
of the Government. And still more recently ought to provide by law for holding treaties ment? The CHAIRMAN. That is business, and
a vast section of our country, containing eight with Indian tribes, but that Congress had the it cannot be done under the order of the House.
million acres, has been through this same means
power to regulate trade and intercourse with
United States. Now, the treaty-making power the three States of Massachusetts, Connecticut, regulates these matters and takes charge of very great importance, and one which demands our most serious consideration, and my great and Rhode Island--and this not only without
and disposes of the public lands without any fear is that in the pressure of business it may the consent but against the protestations of this
reference to Congress whatever and in definot receive that careful consideration at our House--and all this right in the face of the
ance of the protests of this House. hands that its importance demands. I rise to
constitutional provision that “Congress shall Thus we see that this treaty-making power, discuss it fully impressed with my inability to have power to dispose of the territory belong
from being an instrument or agent in the hands ing to the United States." do justice to the subject, and yet I cannot
of Congress in connection with Indian affairs,
It is true this last transaction has not yet remain silent and feel that I have done my received the consent of the Senate, ar.d it may encroachments, come to exercise absolute and
as it was originally, has now, by a series of duty as one of the Representatives of the peo
not. This House in its new position as a petiple upon this floor.
unlimited control, not only to regulate Indian
ers of legislation.
I have referred to the matter of Indian
treaties for the purpose of showing the necesfar more importance, one before which the exceedingly pleasant reflection; and I hope we
sity of strictly restraining that department shall at least insist upon retaining that right. question of the value of this territory sinks
within its proper sphere, and for the purpose into utter insignificance, a question a more I trust the Committee on Foreign Affairs will
of illustrating the extent to which it will go if important than which has never been discussed never consent to the surrender of the right of
left unchecked. The question now before the within these walls. That question, sir, is in the House to petition the Senate in relation to
House is one connected with a compact with a treaties which rob the House of its prerogarelation to the rights, the powers, and the con
foreign Government, and is important not only stitutional prerogatives of this House of Reptives and the people of their rights.
on account of the political question involved, resentatives as one of the departments of this
But, sir, whether tbe Senate consent to this
but because it is claimed that our good faith Government. That question is directly involved last outrage on the Constitution and the rights
with a foreign Government will be broken in in this case, and to that I propose to direct my of the people or not makes no difference in
case we refuse to make the appropriation asked. remarks; and so far as that question is conthe force of the illustration afforded by the
It is important and truly desirable that all cerned it inakes no difference whether this ter
The power is claimed and exercised.
our negotiations with foreign Governments ritory is a worthless, frozen waste of eternal And, sir, under this power, if eight million
should be so conducted as to preserve the ice and snow, or whether it is a fertile, bloomacres of the public domain can be given away,
honor and the good faith of the nation untaring, fruitful garden. Upon this question the
every acre of it can in the same way be dischairman of the Committee on Foreign Affairs posed of; and the power is not contined to the nished, and to maintain a national reputation has said but little in his remarks in favor of disposal of the public lands, but by this new legis; reputation and character of our Government
for inviolable fidelity. That this should be the this bill, and I say in all candor that I am lative power the President, the Senate, and
I doubt not is the sincere desire of every unable to gather from the report of the comthe Indian tribes have complete control over
patriotic American citizen; and to this end, mittee or from the speech of the chairman
the Treasury of the Government, and can by | sir, 1 regard it as of the very first importance what the opinion of the committee or of the treaty appropriate money for any purpose, and
that there should be a perfect and settled chairman is in relation to the extent of the to an unlimited extent.
understanding and agreement between the sev. treaty-making power as vested in the Presi
To show that this absolute exercised
eral coördinate branches of the Government as dent, or in relation to the constitutional rights through the instrumentality of Indian treaties,
to the powers and the prerogatives of each in and prerogatives of the House in connection was not claimed originally by the Executive,
connection with questions involved in negotiawith treaties. but is the result of gradual encroachment
tions with foreign Powers, so that the action Did the President, in the purchase of this upon the powers of Congress, I refer the
of the different departments may be in har. territory, the execution of an obligation purHouse to the first instance of a treaty made by
mony. Otherwise we will be continually liable
to be involved in difficulties.
Our Government has been in operation eighty-
one years, and it would seem reasonable to Congress, exceed his constitutional powers ? "If it should be the judgment of Congress that it If not, let the world understand it. If he did,
suppose that by this time questions of the would be most expedient to terminate all differences then by all means we should at once repudiate
importance of this should have been definitely in the southern district, and to 'ay the foundation for his unauthorized assumptions of
future contidenco by an amicablo treaty with the settled. And yet, sir, from the history of this power; other
Indian tribes in that quarter, I think proper to sug. case, we are forced to recognize the fact that
creuing session for debate, but we 25
induced to forego that purplaten
Mr. ELIOT. I wish to oder an den
The SPEAKER. That wil de the committee.
Jr. WASHBURNE, of liegt there will be an evening session. Liuz." Over until to-morrow I shall more days it and take up the amendments if anyon to the legislative appropria wa baru
The SPEAKER' There are certains bers not upon the committee Me: To wiling to speak this evening. Teises the names of ten gentlemen vko ra** on this question.
Vr. BANKS. I more that the
hall past seven o'clock p. m.
The motion was agreed to.
Mr. BANKS moved that the Houston itselt into the Committee of the litt slate of the Union on the special statement
The motion was agreed to.
The House accordingly resored sa the Committee of the whole ou like this L'uion, Mr. Garreld in the chara ceeded to the cousideration of the sea being House bill No. 10, making met
with Russia of March 31, 1937.
in the Appendix.]
the committee took a recess until the chosen
o'clock p. m.
in his place.
Ilpuse then, under the
be made dently !
there is a very wide difference of opinion Senate, made a treaty of purchase with Russia, power could not, without the consent of Con. I have between the House of Representatives and the whereby that Power agreed to transfer to the gress, make a binding treaty stipulation that
the from executive department as now organized in United States certain territory, in considera. The emigrants from any foreigu country should relation to the extent of the treaty-making | lion of which territory the United States agrees upon their arrival here be invested with full power and the jurisdiction of this House, going to pay Russia $7,200,000 in gold. This treaty rights of citizenship, or make any stipulation upon the presumption, as I do, that the House was ratified by both Powers and ratifications | by treaty in opposition to the laws of Congress the stan still adheres to the doctrine first declared in || exchanged. And Congress is now asked to on the subject of naturalization. Another of 1795, and which it has never yet surrendered enact a law for the appropriation of the neces the powers granted to Congress is that of raisby any declaration or act. From the course sary money and to carry the treaty into effect. ing and supporting armies, and standing armies of the Executive in this case, it is clearly his Now, if the doctrine I have referred to, and in time of peace being dangerous to the liberopinion, and that of his advisers, that Congress to which I object, is correct, and if without any ties of the people the framers of the Constituhas, in no case, any discretion in relation to legislation by Congress the treaty is effective, tion with great care and caution provided in passing the laws necessary to carry treaties into clothed with vitality and the law of the land, connection with this power that no appropria. But efi'ect. But that when a treaty is made by the then no laws of Congress are necessary, and tion of money for the use of an army should
analego President and ratified by the Senate it is the the treaty itself is a sufficient law for the appro be made for more than two years, thus giving are asa duty of this House then to recognize it as the | priation of the money. Sir, the application to the House of Representatives, or the Senate, supreme law of the land, and to pass all laws Congress for the passage of a law for the appro either of them, the power by refusing to agree ats of necessary to carry it into effect, whatever may || priation of the money and to carry the treaty to an appropriation to put an end to the Army be the nature or character of its stipulations and into effect is a clear and conclusive demonstra establishment at the expiration of every term regardless of the views of Congress as to its tion of the error and the unsoundness of the of two years. This power thus delegated to expediency or its bearing upon the public good. || doctrine claimed by those who regard this ne Congress was thus carefully guarded. Could That the President has the power, with the con gotiation as perfected and binding without the it be claimed that the President, with the
Tegure sent of the Senate, to purchase territory from | action of Congress.
consent of the Senate, would have the power to
there be foreign Powers, to any extent, and annex such The great error of those who deny the stipulate by treaty with England, for instance, territory to and make it a part of this Govern necessity of congressional action in any case, that the United States should maintain a standment, and make all its inhabitants citizens of
the pu and the right of Congress to exercise its dis- | ing army of one hundred thousand men for the United States, and to appropriate for such cretion in passing laws to carry treaties into the security of peace along the borders, and purpose such sums of money as he may see fit; || effect, is, in regarding the treaty-making power that such stipulation would be binding on the that this may be done by secret treaty, without as granted to the President, with the advice of Government of the United States without the any authority or consent from Congress, and the Senate, as unlimited and absolute in its consent of Congress? I think not, and only
a sad that after such treaty is consummated Con character. In an absolute monarchy or an because the Constitution has vested in Congress
icdt gress has no control whatever over the matter, empire, where the power of the ruler is un- this important power, but must, without question or hesitation, appro- limited, the treaty-making power, wherever Again, and to come to the question directly priate the money required, and pass all neces. vested, is unlimited; but in a Government like || involved in the case now before the House, sary laws to carry the treaty into effect; and ours, where the powers of the Government are the Constitution vests in Congress the control there is no limit to the extent of this power limited and specified by a written constitution, over the Treasury of the nation, and provides it may extend to the purchase of the whole the treaty-making power is necessarily limited that no money shall be drawn therefrom but continent, British America, Mexico, West | by the provisions of such constitution. The in consequence of appropriations made by law,
prov India Islands, and thus insure the destruction Constitution of the Republic defines and dele. and makes the further unusual provision that
pria of our Government.
gates the powers of the Government, and all bills for raising revenue shall originate in Sir, as one of the Representatives of the expressly provides that "the powers not dele the House of Representatives, a provision not people upon this floor I here enter my earnest gated to the United States by the Constitution made as to any other class of laws. Evidently and solemn protest against this monstrous are reserved to the States or the people." In it was the intention of the framers of that assumption-ihis fatal political heresy. If this such a Government the treaty-making power instrument, careful as they were to guard well doctrine is to prevail, then, sir, this House is cannot be absolute. How far and to what the interests and rights of the people, to throw be but a useless appendage to the Government, and subjects it extends depends upon the provisions around the Treasury as many guards as possi: for all practical purposes might as well be of the constitution. All we tind in the Consti- ble, and, therefore, they provided not only that abolished. Can any gentleman upon this Hoor tution in relation to treaties is the provision no money should be drawn from the Treasury go home to his constituents and tell them that in article two, section two:
in consequence of a law passed through th he has agreed to the surrender of his rights, bis “The President sball have power, by and with the both Houses of Congress, but that such law power, and his dignity as a member ofthis House, advice and consent of the Senate, to make treaties, must originate in the House of Representaand the surrender of the constitutional rights
provided two thirds of the Senators concur." of the people through their Representatives
And this further provision in article sixth :
tives, the most numerous body in the Govern.
ment, and more directly accountable to the upon this floor, to be heard upou as important
“This Constitution, and the laws of the United States which shall be made in pursuance thereof,
people than any other department of the Gorquestions as are involved in the unlimited
and all trenties made or which shall be made under ernment. extension of the jurisdiction ofour Government, the authority of the United States, shall be the su Now, sir, looking at these provisions of the and the unlimited increase of our already crush
preme law of the land; and the judges in every
Constitution, what is the fair and reasonable ing debt? And yet, sir, this is just what the stitution and laws of any State to the contrary not
conclusion ?' It seems to me there can be 110 President now demands at our hands, and I am withstanding."
difference of opinion that the intention of the sorry to say is what will be the result of the The Constitution in delegating the powers of
framers of the Constitution was that no money action recommended by the majority of the
Congress specities the powers granted, while should be taken from the Treasury of the UniCommittee on Foreign Affairs; the passage of in delegating the treaty-making power it uses ted States but for some object which should this appropriation without any accompany; only general terms and makes no specifica. first receive the sanction of the judgment of the ing declaration in relation to the unauthorized tions. Will it be claimed that because the people's Representatives in this House, and acts of the Executive in connection therewith, power is given in this general language that ultimately the sanction of Congress. Now, sir, which will be in law and in fact a tacit adinis therefore the power is unlimited in its extent? it is claimed that it is the duty of this House to sion of his right to exercise the powers he has This cannot be claimed, for most assuredly it pass a bill making this appropriation, and that assumed in this case, and will thus form a pre must be admitted that the power is limited by we have nothing to do with the merits or the cedent for the future.
the Constitution at least to this extent, that no propriety of the appropriation; and the case is I hold the true doctrine and the law in rela law can be made by treaty contrary to the pro compared with that of the appropriation for the tion to the treaty-making power to be that which visions of the Constitution. For instance, a
payment of the salaries of oficers, which salathe House declared in 1795. That while the
treaty with a foreign nation, which provided ries are fixed by law, and yet which cannot be treaty-making power is vested in the President, that any particular form of religion should be paid without an appropriation, and it is claimed by and with the advice and consent of the Senate, established in this country and supported by that this House has no more right to refuse an and wbile the House has no agency in making the Government, although made with all the appropriation in the one
case than in the other treaties, yet when a treaty contains stipulations forms of law by the President, and ratified and I do not admit, sir, unconditionally that in relation to subjects which by the Constitu consented to by two thirds of the Senate, would the House has no right in any case where the tion are submitted to Congress, the treaty must be void, because providing and stipulating for law provides for an expenditure to refuse an depend for its execution upon laws to be passed that which is forbidden by the Constitution. appropriation for sich expenditure. Where an by Congress, and that in all such cases it is the
Again, the treaty-making power being dele. oitice is established by the Constitution, such prerogative and the duty of Congress to delib.
gated in general terms, without any enumera as the President or Supreme Court, I admit the erate, to take into view all of the considera
tion, if certain powers are specifically granted House would have no right to refuse the ap. tions bearing upon the question, and to act to another department of the Government, propriation that might be fixed by law for the upon it according to their judgment of the
then by a proper rule of construction they salary of such office, for the simple reason that interests of the Government and the wishes of would be denied to the treaty-making depart the Constitution, which is the highest law, sy the people, and either pass the necessary laws ment, for the simple and apparent reason that establishing the office requires the payment of and thus give the treaty vitality and effect, or in construing the Constitution all its parts must the compensation, and expressly provides that refuse to pass them, as in their opinion the
be taken together, and if possible made to they shall receive their compensation. But public good requires.
harmonize Among the powers granted to there may be cases where the House would be Take the case now before the House: the
Congress is to establish a uniforın rule of justified in refusing to make appropriations for President, with the advice and consent of the
naturalization. Therefore, the treaty-making the payment of salaries provided by law, and
I have already referred to one where I think of Congress, and ought not to be done with under consideration, which is entirely similar the framers of the Constitution recognized the out that consent previously obtained, as in the in its character, and I claim that a just concluright of either House so to do; at least it is Louisiana and the Florida cases it was pre. sion is ihat this case does not come within the difficult to imagine any other reason for the pro- viously obtained.
jurisdiction of the treaty.making power, but is vision. I refer to the provision in relation to Mr. MAYNARD. Does the gentleman from entirely and properly a matter for the legisla. the standing army, that no appropriation shall Iowa wish to he understood to assert that the tive department of the Government; and that, be made for more than two years. It was evi- 1 previous assent of Congress was obtained to while the negotiation for the purchase was car. dently the intention to give either House the the acquisition of Louisiana before the treaty ried on by the treaty making department, it power by refusing to consent to an appropri was made?
was done without the authority of Congress ation to put an end to the Army establishment, Mr. LOUGHRIDGE. That is my under. | previously given, and the whole question as to and this is the view taken of that clause by Mr: standing. Ar appropriation of $2,000,000 was the propriety of the purchase is as fully open Madison and other great statesmen of that day. made before any step was taken by the Pre si for the consideration and the judgment of the
But aside from this, sir, the cases are not dent. And yet, sir, while the treaty.making House and of Congress as if no treaty bad
the emperor was presumed to be cognizant. of our own convictions as to the propriety of A treaty, in Latin fædus, is a compact made with || I take it to be a well-settled principle of law the transaction, we must vote the amount of
& view to the public welfaro by the superior power, that the conductors of all Governments are
either for perpetuity, or for a considerable time. money asked. Tomorrow we may have notice
The compacts, which have temporary matters for
presumed to know the constitutions and pubof some other treaty entered into by the treaty- | their object, are called agreements, conventions, and lic laws of all other Governments. The enn. making power with some foreign Government factions. They are accomplished by one singlo act peror of Russia is therefore held to kuow the providing for some purpose or other an appro.
and not by repeated ucts. These compacts are per
fected in their execution once for all. Treaties re provisions of the Constitution, the public laws priation of a hundred millions, and on the ceive a successive execution, whose duration equals and proceedings of this Government, and with same principle we are bound to foot the bill that of the treaty."
this knowledge, if he relied upon an incomplete, without question, and thus, by this doctrine,
A single transaction, then, of bargain and
inchoate negotiation, one not yet consumthe President and the Senate would have abso? | sale, which is not continuing, but is perfected mated, and which, by the Constitution and laws lute and unlimited control over the Treasury, at once by its execution, does not come within
of this Government, required the consent of inasmuch as the amount of money which might
Vattel's definition of treaty.' The framers Congress before it could be carried into effect, be expended by treaty is unlimited and the of the Constitution I claim used the word in
and, so relying, made a formal transfer and objects and ways in which it might thus be
that instrument in this same sense ; and this | delivery of the territory, he has placed bimself expended are also unlimited,
view is strengthened and made apparent from by his own imprudence in a position where he I trust, sir, that but few will be found upon
the fact that a clear distinction is taken in the would have no good cause of complaint it this floor willing to consent to a doctrine so
Constitution between, " treaties” and “agree | Congress, in the exercise of its rightful disdangerous, willing to yield up the authority ments and compacts." Section ten of article
cretion, should refuse to carry the treaty into and prerogatives of this House vested in it one provides that no State shall enter into any effect. In such case the Government of Rusby the Constitution of the country, and which
treaty,'' while further on in the same section
sia could resume possession of the territory if it has always beretofore persistently mainit provides that,
it desired to do so. tained. But there is another question involved
"No State shall, without the consent of Congress, The President, acting without any authority
enter into any agreement or compact with a foreign in this case in addition to that of the appro Power."
of law, it seems, directed a military officer to priation of the money, and one of equal import If all agreements with foreign Powers are take possession of the territory, which direcance and interest; and that is, as to the power treaties, then the treaty-making power is not
tion was complied with in form by such officer. of the President with the advice and consent vested exclusively in the President, with the
The Russian flag was withdrawn and the flag of the Senate and without the consent of Con advice of the Senate, for Congress may author.
of the United States substituted. The Presigress, or of the people of the United States, ize States to enter into treaties. The only con dent might, with as much right and authority, by treaty to extend the area of our Govern: clusion, then, is that while the power of making have directed military officers to take possesment, and bring into its jurisdiction foreign treaties is vested exclusively in the President,
sion of Canada or the Britisb possessions. countries and foreign peoples. This power I | with the advice of the Senate, yet the term
The act was as unauthorized as it was unnedeny. I do not claim that the Constitution is used in the sense Vattel uses it, as contra cessary, and deserving of the severest conhas vested this power in Congress in express | distinguished from simple agreements, con
demnation. And here I desire to direct the terms. As I read that instrument it is silent on ventions, and compacts, which consist of a sin | attention of the House and the country to the the subject. Such power is not by that instru- ll gle transaction accomplished by one single act,
difference in the course of President Jefferson ment given to any department of the Govern. such as a transaction of bargain and sale. in 1803, in connection with the purchase of ment in express terms.
I do not wish to be And this view of the Constitution has been | Louisiana, and the present Administration in understood as denying this power to the Gov. sanctioned by all departments of the Goveru.
relation to the assumption and exercise of ernment. By the laws of nations all Govern ment. In the case of the compact between doubtful powers. Although the Louisiana terments have the right to add to their domain by this Government and the republic of Texas, ritory, coinmarrding as it did the mouth of the purchase and by conquest, and I suppose that by which that republic ceded all its territory Mississippi, and its acquisition regarded as a our Government has this right, by the laws of to the United States and became annexed to pressing necessity, yet with a desire to keep nature, the same as the right of self-defense; || the United States, as I have before stated, the
within the bounds of his constitutional powers, the right to do wbat is necessary for its own
Jefferson did not venture to enter into nego. existence.
action ; it was done entirely by the legislative tiations for its purchase until authorized to do Jefferson, I believe, placed the power to department of the Government. Tbe validity so by Congress, and an appropriation was made purchase Louisiana upon the law of necessity, of that transaction has never been questioned,
by Congress for that purpose. of self-preservation. Many of our greatest but has been sanctioned by all departments of In this Alaska case the President, without statesmen have placed it upon the clause in the the Government; whereas, if the compact with any notice to, or authority from Congress, on the
his own motion, entered into a treaty for the admit new States into the Union. But from entered into, was a treaty in the meaning of purchase of a territory, for the acquisition of whatever source the power is derived, I deny that term in the Constitution, then the whole which by this Government there was at least that it belongs to or is vested in the treaty. transaction was without authority of law; for no immediate or pressing necessity, a terrimaking department, but that it belongs strictly if the negotiation was a treaty, in the sense of tory of but little value as compared with Louisto Congress. It may doubtless be properly the Constitution, the jurisdiction of the treaty iana. In the Louisiana case, after the treaty exercised through the agency of the treaty | making power was exclusive; if not a treaty, was consummated and ratified by the Senate, making department, which in such case acts then the treaty-making power bad no jurisdic- before attempting to take possession of the as the agent of Congress, yet it cannot prop. tion.
territory, Jefferson transmitted a copy of the erly be done without the authority and conseut Applying the same principles to the case now treaty to Congress for the action of Congress,
in its legislative capacity, suggested to Con its execution as to such stipulations on a law or laws The last instance to which I shall refer ig gress that steps should be taken to take pos. to be passed by Congress. And it is the constitutional the annexation of Texas in 1845. As I have
right and duty of the House of Representntives, in session of the territory, and awaited the action all such cases, to deliberato on the expediency or
already stated, the treaty making department of Congress. An act was passed authorizing | inexpediency of carrying such treaty into effect, and took no part in that negotiation whatever; it and empowering the President to take possesto determine and act thereon as in their judgment
was consummated by a joint resolution of Conmay be most conducive to the public good." sion of the territory, and in obedience to such law of Congress the President afterward
This resolution was advocated by Mr. Mad
gress, approved by the Executive. The quesformally took possession of the territory. ison in a speech of great power, and was passed intervention of the treaty-making department,
tion of the power of Congress without the In this case President Johnson, immediately by a yote of yeas 57, nays 35; and had all the upon the ratification of the treaty by the Senmembers voted the vote would have been 63
to enter into a compact with a foreigo Govern.
ment, and to negotiate for the annexation of åte, before any appropriation had been made yeas to 36 nays. by Congress for the payment of the price stipu
Thus at an early day the House of Repre- || branches of Congress, and the joint resolution
foreign ferritory, was fully discussed in both lated, before Congress had in any way had the sentatives, by a decisive vote, settled the doc.
was passed in the House by a vote of 132 yeas matter under consideration, dispatched a brig, trine, so far as the House is concerned, settled
to 76 nays, and in the Senate by a yote of 27 adier general of the Army, with a vessel and it directly and deliberately, and with a full real
yeas to 25 nays. Thus we have in that case & detachment of soldiers, with orders to take
ization of the importance of the question. In possession of the territory, which orders were the course of the debate Mr. Livingston, who
not only the judgment of the House of Repre.
sentatives in accordance with its previous uni. formally obeyed. And now the Representawas in favor of the resolution, remarked, "That
form action, but also the deliberate assent of tives of the people in Congress are told that in it was the most important question that bad ever
both of the departments constituting the treatyconsequence of such unauthorized act on the been agiiated within the walls of the House." part of the President they are deprived of any After thus settling the doctrine for itself, the
making power, the Senate and the President,
to the principle that Congress has the power, discretion, and are under legal obligation to House,on a resolution declaring that laws should
without the intervention of the treaty-making appropriate the money and pass the laws to be passed to carry the treaty into effect, dis
department, to enter into a compact with a carry the treaty into effect, and that if they cussed the merits of the treaty for over two
foreign Government for the acquisition and refuse so to do Russia will have good cause of
weeks, James Madison, Albert Gallatin, and
annexation of territory.
I submit, sir, that this action of the Senate have we but that to-morrow, by virtue of some
the resolution to carry the treaty into effect; secret treaty, negotiated and ratified in regular and on the final vote the resolution was adopted | doctrine which I claim to be correct, that a com
assembled, and of the Executive, settles the form, without the knowledge of this House or by but three majority, there being 51 yeas and
pact with a foreign Government for the purthe people, some military officer may hoist our flag over the halls of the Montezumas and take In 1803 the United States purchased from
chase of territory, and which includes no other possession of Mexico, annex all that territory France the territory of Louisiana. But in that
objects or stipulations, is not strictly a treaty to the United States, and transform its ignor. case the initiatory step was taken by Congress.
in the meaning of the term as it is used in the ant and vicious population into citizens of this The matter was discussed in secret session, and
Constitution, in article two, section two, where was referred to a committee which made a re.
the power to make treaties is given to the PresiRepublic?
dent, with the advice of the Senate, but that I insist that if such an addition is to be made port in favor of the purchase of the territory,
it is a compact or agreement such as is mento our territory and our population that the stating, among other things in their report, that
tioned in section ten, article one, where a State people of this Government should have some
" In the opinion of the committee the possession of that territory was not only required for the con
is forbidden, without the consent of Congress, voice in its consummation. It would seem
venience of the United States, but would be demanded from entering into an agreement or compact reasonable, sir, that this should be; and the by their most imperious nocessities."
with a foreign Power; and therefore not within doctrine that would deprive them of this right And recommended the adoption of a resolu the jurisdiction exclusively, if to any extent, is certainly unwarranted by anything in the tion appropriating $2,000,000, to be applied, of the treaty-making department. Constitution or laws of the Republic. The under the discretion of the President, toward The doctrine which I claim has been settled, necessity of congressional action to give full the expenses of the negotiation for the pur so far as this House is concerned, by its own validity and effect to treaties of purchase and chase of the territory, which resolution was action, and by the unvarying practice of the to treaties which include in their stipulations adopted and the money appropriated, and after: Government, has received the assent of very subjects which by the Constitution are granted ward, having thus the express sanction of Con nearly all the great statesmen of the country. to Congress has always been recognized from gress, President Jokerson entered into nego. Jefferson, Clay, Calhoun Randolph, Madison, the organization of the Government. It has tiations for the purchase of the territory by Gallatin, and Monroe all held that opinion, always been claimed by this House, has been
treaty, which was made and ratified by the and advocated it on all occasions. Calhoun, declared by the Supreme Court, and recog. Senale; and on the 22d of October, 1803, the in his treatise on the Constitution and Governnized, I think, by every Executive except President transmitted a copy of the treaty to ment of the United States, speaking of the Washington.
Congress, for the purpose (using his own treaty-making power, says: In the case of the treaty of 1795 with Great language) of the consideration of Congress in “But although the treaty-making power is er Britain, which was a treaty of commerce, its legislative capacity; and after a discussion clusively vested, and without enumeration or speciamity, and navigation, the treaty was duly upon the merits of the treaty the usual resolu fication, in the Government of the United States, it ratified in October, 1795, and the President tion was adopted by a vote of yeas 90, nays
is nevertheloss subject to several important limitapromulgated the same and transmitted a copy
tions. It is, in the first place, strictly limited to 25, declaring that provision should be made by questions inter alios, that is, to questions between thereof to the House of Representatives on the law for carrying the treaty into effect. Thus,
us and foreign Powers which require negotiation to 1st of March, 1796, for the information of Con in that case, Congress not only authorized the
adjust them. All such clearly appertain to it. But
to extend the power beyond these, be the pretext gress. On the next day a resolution was offered
purchase in advance, but ratified and confirmed what it may, would be to extend it beyond its allotted requesting the President to lay before the House it after it was negotiated. And, as I bave sphere, and thus a palpable violation of the Consticopies of the correspondence relative to the before stated, after this treaty was made and
tution. It is, in the next place, limited by all the
provisions ofihe Constitution which inhibit certain treaty. This resolution raised the question ratified, President Jefferson declined to take acts
from being done by the Government or any of whether Congress had any right in connection possession of the territory, awaiting the action its Departments; of which description there are with that treaty to deliberate upon the expedi of Congress in their legislative capacity upon
many. It is also limited by such provisions of the
Constitution as direct certain acts to be done in a ency or inexpediency of carrying the treaty the treaty. And after Congress had resolved particular way, and which probibit the contrary of into effect, and to act thereon as, in their to carry the treaty into effect, and passed an which a striking examplo is to be found in that which opinion, the public good required. Those who act authorizing the President to take possession
declares that no money shall be drawn from the
Troasury but in consequence of appropriations to be denied this power to Congress opposed the of the territory, and not until then, did Jeffer made by law. This not only imposes an important resolution ; those who claimed it advocated son presume to exercise that authority.
restriction on the power, but gives to Congress, 28 the resolution. A debate of great ability fol Wbat a pity, sir, that Jefferson had
not lived sentatives as a portion of Congress, the right to with: lowed, lasting three weeks, in which Mr. Mad to this day that he could have learned some bold appropriations; and thereby an importaut conison and Mr. Gallatin took the lead in favor thing of the Constitution of the country and of
trol over the treaty-making power whenever podey of the power of Congress, when the resolution the power of the President. In the case of the ally the case, especially those of much importauce."
to carry a treaty into effect; which is usu; was passed by a vote of 55 yeas to 36 nays. purchase of Florida from Spain the treaty was To that resolution the President responded in concluded on the 22d of February, 1819, but
John Randolph said on this question :
"Where a treaty is made involving matters cona message denying, the power claimed by the was not ratified until February, 1821.
fided by the Constitution to Congress, the Represents House, and declining to furnish the corre
The treaty was then communicated by the atives are as free as the President or the Senato were spondence and papers requested. That mesPresident to Congress for the legislative con
to consider whether the national interests requires
or forbids their giving the forms and force of law to sage of the President was referred to the Com sideration and action necessary to give it effect. the articles over which they have this power." mittee of the Whole House, and the following The President, in that case, did not assume to And this was quoted and approved by Jefresolution was offered:
take possession of the territory until after the ferson in 1795. 'In a letter to Colonel Mon"Resolved. That it being declared by the second soc assent of Congress had been given, but awaited
roe, in 1796, Mr. Jefferson used the following tion of the second article of the Constitution that that action; and on the 3d of March, 1821, an the President shall have power, by and with the
language: advice of the Senate, to make treaties, provided tivo act was passed by Congress, as in the case of
"The British treaty has at length been laid before thirds of the Senate present concur,' the House of Louisiana, authorizing and empowering the Congress. All America is on tiptoe to see what the Representatives do not claim any agency in making
President to take possession of the territory, House of Representatives will decide on it. We onne treaties; but that whon i treaty stipulates regulaand by virtue of such authority the President
ceive the constitutional doctrine to be that, though tions on auy of the subjects submitted by the Con
the President and Senate have the general power of stitution to the power of Congress it must depend for formally took possession of the territory.
making treaties, yet when they include in a treats