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lution may be regarded as a very proper one. Russia, after that treaty has been ratified by Mr. SPALDING. Yes, sir; I understand

the respective Powers, after ratifications have that kind of reasoning. But the French Chain. "That in the present financial condition of tho been exchanged between the high contracting | ber of Depaties did not admit the existence country any further purchases of territory are inex- || parties, and more especially after we have sent of the debt; they said there was no subsisting pedient, and this Housewill hold itself under no obligation to vote money to pay for any such purchases

our official agents to receive manual posses- debt. unless there is greater present necessity for the same sion of the territory itself, and still hold

pos

Mr. PIKE. We said there was. than now exists." session of it without any remonstrance, if we

Mr. SPALDING. They said that the negoBut mark what my honorable friend said refuse to pay the purchase money we put tiator on the part of France had improperly further to us, the members of the House, upon ourselves in the same position that Louis Phil- || agreed to the payment of that sum of money, that occasion:

ippe was in when he come very near inciting a and that they would not make the appropria"Mr. Speaker, I do not intend that resolution to contest between the United States and France, i tion. So that the question turned after all apply to the purchase of Walrussia. That is something that has already transpired and it may be that

by reason of a non-compliance with a treaty upon the terms of the treaty; and it was in this House will feel itself under obligations to sancmade at Paris in 1831.

virtue of the treaty that President Jackson and tion what has been done there."

During the consulate and empire of Napo- ) Congress were on the point of authorizing True, true! The promptings of the gentle- || leon aggressions had been made upon the com- reprisals upon French commerce when Louis man's own heart at that moment told him that merce of the United States to that extent that || Philippe sent over here a minister to say that he could not remonstrate against carrying into our claims upon the French Government had if we would wait a while he would endeavor to effect the treaty made for the acquisition of amounted to millions of money. For a long bring the Chamber of Deputies to terms; and what he was pleased to term “Walrussia," for, series of years, for a quarter of a century, they were brought to terms. Mr. Chairman, we had then negotiated' fairly || perhaps, our claims were unheeded. But dur. In view of this example which has been left for the purchase; we had ratified the treaty ; ing the reign of Louis Philippe, and during the on record by our American Congress and by we had exchanged ratifications with the Rus. administration of Andrew Jackson, a treaty our most patriotic American President, how Bian Government; and we had sent our officials was negotiated at Paris by which the French can we at this late hour turn upon our beel with the flag of the United States to take man. Government agreed to liquidate these claims and say to the Emperor of Russia, who has been ual possession of the property, and that with- for spoliations upon American commerce by our friend during at least one half a century, out one single note of remonstrance on the part paying to our Government the sum of 25,000,000 | “Although this treaty has been fairly negotiof the Congress of the United States or any francs. This sum was to be paid in annual ated and fairly ratified, although we have taken citizen of the United States.

installments. The first installment became due | possession of the territory six months after the And now let me ask, we being in actual pos- and no money was paid; no appropriation of treaty was negotiated, and with full knowledge session of this extensive country, a region money was made by the French Chamber of of everything that is now set up by the House of equal to about one fifth of the whole empire of Deputies. The second installment became due, Representatives in opposition to the fulfillment the United States, having taken that posses- and the third, and still no money was paid. of the treaty, no protest or remonstrance being sion from the emperor of the Russias through Finally the ire of Old Hickory was aroused, made by them--after erectingin that country our his accredited agents, are we now, at this late and he communicated, in a message to Con- | national standard and planting there our insti. period, to turn on our heel and say that we gress, in December, 1834, his ultimatum upon tutions, we now say we will not pay the money." will not pay the purchase money?

the subject. He said that the treaty having Why, Mr. Chairman, I have not long to stay Mr. Chairman, after answering the argument || been fairly negotiated, having been ratified by | in the Congress of the United States ; within which fell from one of my esteemed colleagues the respective contracting, Powers, and the a few short months I shall go out of it; and I [Mr. SIELLABARGER) upon this subject, I shall ratifications having been duly exchanged, it ) shall do so with pride if the character of this give to the House an example which has really was the business of the French Government House should then be as untarnished as I called me to my feet on this occasion, an ex- to make appropriations to pay the amount believe it to be at this moment; but if I am ample of legislation which we ought to respect which they had agreed to pay us under that | obliged to go out of it drooping my head under and to which we ought to adhere.

treaty. He said it became equivalent to a a sense of national dishonor and national disMy colleague said that we were embarking | debt due to us by that country; and if it should grace brought upon our great Republic by the in a new political enterprise, that we were not be paid within a reasonable time, our first action of this House, I sball wish I had never endeavoring to acquire territory where there resort under the law of nations would be to make been a member at all. I have no idea mycon: is 10 contiguity of territory with our own pos- | reprisals upon the French commerce to make stituents would for one moment-saying nothsessions, that we were acquiring foreign pos- ourselves good in that amount of money; and ing about parties, irrespective of parties–I say sessions. Sir, as an American citizen, and a if the French did not like the reprisals it lay my intelligent constituents would hold me in republican at that, I deny that any territory with them to resort to war; but the United || contempt if I should refuse to vote this approupon this western continent is to be deemed States, whether there came war or peace, was priation of $7,200,000 to carry out this treaty foreign to the Government of the United States prepared to meet the issue, and the treaty made in good faith with the Emperor of all when it seeks to extend its limits. I believe must be complied with. And, sir, the House the Russias. I cannot believe this committee that if anything under the heavens be fated, it of Representatives at that time passed by a will agree to any such movement. I have too is that the American flag shall wave over every large majority a resolution sustaining that much faith in the virtue, patriotism, and good foot of this American continent in course of || patriotic President, and insisting that by every faith of the House. Sir, I have done. time. This proud Republic will not culminate principle of law the French Government was Mr. BUTLER, of Massachusetts, addressed until she rules the whole American continent, | bound to pay the money under that treaty, or the committee. [His remarks will appear in and all the isles contiguous thereunto. else we had the right to make reprisals upon the Appendix.] Mr. PIKE. Including South America. the property of its subjects.

Mr. BANKS. I object to the amendment as Mr. SPALDING. Including South Amer

Mr. BANKS. That resolution was passed not in order. The bill is to execute a treaty, ica, by all means. Now, sir, is there po con- by a unanimous vote.

and the amendment is for an entirely different tiguity between our possessions and the pos

Mr. SPALDING. Now, sir, confessedly purpose. sessions of Russia in america? There would the treaty-making power of France was with The CHAIRMAN. The Chair sustains the have been contiguity if we had not foolishly ) the king; in accordance with the French con- point of order on the ground that the bill is in conceded to Great Britain the right to inter- stitution the king had the sole power of mak- its terms to carry into effect the treaty, to fulfil pose between the parallel of 49° and the par; | ing treaties. He made and ratified that treaty the stipulations of the sixth article thereof. allel of 54° 40'. I recollect very well when I on the part of France; our Government rati- The sixth article of the treaty requires the pay. was advocating the election of a certain states. fied the treaty on the part of the United States, ment of $7,200,000. The Chair regards the man to the presidential chair, our rallying cry and the ratifications were exchanged. It rewas, “Afty-four forty or fight." But the line mained with the French Chamber of Deputies

, reduce the amount is germane. The Chair,

question as not divisible, and no amendment to bisty-fonr forty" was abandoned, and we

and with that Chamber alone, to make appro- therefore, sustains the point of order. relinquished to Great Britain a great share of priations of money; and they, assuming that Mr. BUTLER, of Massachusetts. I propose intervening territory in these six parallels of ibe treaty was inexpedient and not proper to to appeal from the decision of the Chair. latitude, However, there is now almost a be carried into effect, refused to make the Mr. RAUM. At this time? continuous line, for we are told by the learned necessary appropriation. Now, how does that chairman of the Committee on Foreign Affairs case differ from that of the American Congress this time. This is like any otherappropriation

Mr. BUTLER, of Massachusetts. Yes, at [Mr. BANKS] that for about three hundred at this hour?

bill, and I take appeal. miles on the Pacific coast there is a narrow strip of territory on the ocean which belonged tleman whether the House of Representatives

an appropriation bill that is before the comto Russia, and which this treaty conveys to the in that instance objected to the exercise of the mittee, the amendment cannot come in because United States, bringing down the continuity ) treaty-making power by the king without the it is not authorized by law. No amendment about half way through these six parallels of concurrence of the Chamber of Deputies? can be offered to an appropriation bill that is latitude.

Mr. SPALDING. Not at all.

not authorized by law, and therefore upon Therefore the principle is not stretched very Mr. HIGBY. The principle was in our that ground which my colleague states, his much, even if it be, as contended for by my favor then?

amendment is clearly out of order. colleague, (Mr. SHELLABARGER,] that there is Mr. SPALDING. Of course it was.

Mr. BUTLER, of Massachusetts. An ap. no contiguity between the territory of the Uni- Mr. PIKE. Let me suggest that before the propriation can be limited in any way the ted States and Alaska or Russian America. treaty was made there was a subsisting debt, House chooses. I wish to say to this committee now, that the non-payment of which might have been

Mr. BANKS. I call the attention of the after we have fairly negotiated a treaty with made by us a cause of war prior to the treaty.

Chair to the role of the House that no amend

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Mr. HIGBY. I would like to ask the gen. br BANKS. an desire to say that if this is

ment can be made to an appropriation bill that people of the United States for its execution. shelter, which I say to them they must follow is not for a purpose authorized by law. This In doing so, it will be necessary to go back to its logical and legitimate conclusion. The claim may be just; I do not assail its justice; and examine the original grounds upon which power to appropriate money is no more sacred but the payment of it is not authorized by any this treaty-making power rests, and see whether in this country than the power to make any existing law.

or not we can ascertain what was the under- other law which the Congress of the United The CHAIRMAN. The Chair has already standing of those who made the Constitution States may in its discretion make. ruled the amendment out of order, and the sub- at the time this treaty-making power was dele- Mr. LAWRENCE, of Ohio. To raise ject is not debatable. If the gentleman takes gated to the President and the Senate. As a money. an appeal, the Chair will submit the question || power to be executed by some portion of the Mr. RAUM. Or to raise money ; each to the committee.

Government, it is no new one. It is a power requires an act of legislation. And if gentleMr. WILSON, of Iowa. I should like to as old as organized government itself. It is a men object on the ground that a treaty providhear the amendment reported.

power which was recognized by all the great | ing for the payment of money cannot be exeThe Clerk read the amendment.

nations of the earth, at the time the Constitu-cuted until the House of Representatives agree The CHAIRMAN. The Chair has decided tion of the United States was made by the wise to it, they must go forward to the legitimate that this amendment is not germane to the bill, men of 1776 and 1787. In framing a system conclusion of that proposition, and assume the and in addition to that it is an appropriation of Government it was necessary to delegate | inevitable consequence of their position, and for which there is no law. From this decision the treaty-making power to some portion of conclude at once that if any act of legislation the gentleman from Massachusetts [Mr. But- the Government, and in conferring this treaty. is required to enforce a treaty, the treaty canLER) appeals, and the question is, “Shall the making power upon the President, in conjanc- not be binding upon the nation until the necesdecision of the Chair stand as the judgment of tion with the Senate, the framers of the Con- sary legislation is first adopted. the committee?''

stitution were guided by the precedent which Mr. WILLIAMS, of Pennsylvania. Will The question was put; and there were-ayes they found in the constitution of England, by the gentleman allow me to say a word to cor18, noes 18; no quorum voting.

which the king was invested with the treaty- rect a misapprehension ? Mr. BANKS. "I move that the committee | making power of that great nation. With us Mr. RAUM. Yes, sir. de now rise.

the treaty-making power must be exercised in Mr. WILLIAMS, of Pennsylvania. I unMr. MAYNARD. The gentleman from Illi- pursuance of the Constitution. And my read- derstand the gentleman to say that in England nois [Mr. Raum] desires to speak this evening, ing of that instrument is that the President, by the treaty-making power is vested entirely in and I hope the gentleman from Massachusetts and with the advice and consent of the Senate, the Crown. will not break up the committee.

is authorized to exercise the treaty.making Mr. RAUM. Yes, sir. Mr. BUTLER, of Massachusetts. If it is power. In Great Britain the sovereign has the Mr. WILLIAMS, of Pennsylvania. It was understood that there shall be a vote on the absolute and unlimited power of making treaties conceded in the debate in Congress in 1796 appeal when there is a quorum here, I shall be for that country. A treaty made and executed upon Jay's treaty that the uniform usage in satisfied.

by the queen of England binds not only all | England was to submit all treaties, at least all The CHAIRMAN. The appeal will be con- the subjects of the realm, but it binds the treaties of this description, to Parliament, and sidered as pending to be voted on hereafter. House of Commons and the House of Lords, that the final approval of all such treaties Mr. BANKS. Then I withdraw the motion

and that, too, in the teeth of the fact that no belonged to the jurisdiction of that body. More that the committee rise.

appropriation of money can be made except than that, I think it is unquestioned that, under Mr. RAUM. Mr. Chairman, at this late by act of Parliament. Now, if this is the case the law of nations, as well understood by all hour of a hot day, I can scarcely hope to have with reference to the treaty-making power in the publicists, even an absolute monarch, so the attention of the committee.

England and I presume that no one who is called, is not bound by a treaty which is not Mr. HIGBY. If the gentleman will yield, I acquainted with that subject will gainsay it for in accordance with the fundamental law of his will move that the committee rise.

a moment-I demand to know why it is, when empire. Mr. RAUM. There is to be no discussion that power is conferred upon the President of Mr. BANKS. Let me say that no such doc. on tbis bill to-morrow.

the United States, who, by and with the advice trine as that stated by the gentleman from The CHAIRMAN, The Chair will state that and consent of the Senate, is to exercise it, it Pennsylvania was conceded in the debate of there is no probability of any further speaking || is not an absolute power in respect to proper 1796. On the contrary, it was denied absoon this subject until the time designated by the subjects of the treaty-making power?

lutely; and it is not true of the English Govgentleman from Massachusetts (Mr. BANKS] Mr. BOUTWELL. Will the gentleman ernmentor the English Parliament in any sense when he proposes to call for the vote, except | yield to me for a moment?

whatever. this evening, and the Chair does not know of Mr. RAUM. Certainly:

Mr. WILLIAMS, of Pennsylvania. I think any gentleman, except the gentleman from Mr. BOUTWELL. Without expressing any

the debates will show that it was not questioned Illinois, who desires to speak.

opinion upon the propriety of this matter, I that such was the law, Mr. RAUM. Mr. Chairman, if I can have will state that it seems to me very clear that Mr. RAUM. Mr. Speaker, the reading of the floor for a short time I will endeavor to under the Constitution this treaty-making power

the law of England by the gentleman from present the views I entertain upon this very is necessarily subject to this limitation: a treaty Pennsylvania does not accord with my reading important question, which has been discussed

made by the President and Senate, which con- of it. I understand that in the Crown of Engwith so much learning and so much ability by templates the appropriation of money, is not a land is vested the absolute power to make those who have preceded me. When I find

treaty within the meaning of the Constitution treaties which bind all the people of the Unimyself differing with gentlemen of such great until the appropriation of money has been ted Kingdom, including both Houses of Parlearning as the honorable gentleman troin made; and the Constitution being public law liament. And, sir, what is the history of the Massachusetts, [Mr. BUTLER,] who has just known to all mankind, if they deal with us exercise of the treaty-making power in Eng. taken his seat, the honorable gentleman from they must take notice that under the Constitu- || land? Why, sir, divers treaties have been Ohio, [Mr. SHELLABARGER,] who addressed tion no money can be drawn from the Treasury | made by the British Crown; and the legislathe committee on Friday, and the other learned of the United States except by act of Congress, tive branch of the Government always conforms gentlemen who have addressed the committee of which Congress the House of Represent- its legislation to the treaties which have been on this very grave subject, I feel called upon atives is a part; and the exercise of that power

thus made. to pause and to give the subject careful con- by the House must, in the nature of the case, Then, sir, I lay it down as the law of the sideration before I make up my mind

upon
the

be an exercise of the judgment of that House. case, that under the laws of England, the sov. legal questions involved. "I approached the Mr. BANKS. It was exactly upon that ereign of that kingdom has the unconditional 'examination of this subject with a feeling averse ground that we threatened to make war upon and unlimited power of making treaties to bind to the purchase of Alaska; but, sir, my investi- France.

all the people of the United Kingdom, includgations have led me to the conclusion that good Mr. BOUTWELL. Very well; that did not ing both Houses of Parliament. Such was the taith demands that the treaty for the purchase of change our Constitution.

treaty-making power to which our British an. that extensive territory shall be consummated Mr. LAWRENCE, of Ohio. Will the gen- cestors were accustomed; and it was in view by the passage of the bill now under considera- tleman from Illinois [Mr. Raum] allow me a chouch exercise of that power under the British tion. The honorable gentleman from Massa. moment at this point?

Crown that the treaty-making power was conchusetts (Mr. BUTLER) and the honorable Mr. RAUM. Certainly.

ferred upon the President of the United States gentleman from Ohio (Mr. SHELLABARGER] Mr. LAWRENCE, of Ohio. In this country by and with the advice and consent of the Sen. have announced the doctrine that this treaty, revenue can be raised only by authority of law;

ate.

Refer to the debates of the convention because it provides for the payment of a sum by an act of Congress. In England the sover. that framed the Constitution; refer to the Fed. of money, is not binding upon the United States | eign has sources of revenue separate from and eralist, in which the most learned governmental until the action of this House is bad opon the independent of the action of Parliament. So writers of that day expounded the Constitusubject; and proceeding upon this ground, and that in that country the sovereign has money tion, and it will be found that they all concur adopting the minority report of the commit

to appropriate which the President of this in the opinion that it is for the President and tee, they conclude that the President and Sencountry does not have.

the Senate to make treaties, and that all the ate bave made a bad bargain; and, therefore, Mr. RAUM. I know upon what ground this people, including both Houses of Congress, the people of the United States should not supposed limitation rests. But I state to the are bound thereby, if the treaty is within the ratify the treaty.

honorable gentleman from Massachusetts (Mr. scope of the treaty-making power under the I propose very briefly to examine the ques. | BOUTWELL) and the honorable gentleman from Constitution. And I lay it down as the law tion first stated, in reference to whether or not Ohio [Mr. LAWRENCE] that they lay down a of this country, that wherever a treaty is made this treaty is binding upon the good faith of the l principle behind which they wish to take ll by the President, by and with the advice and

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of commissargbe quartermaster stores, to be coming to the question as to the power of

consent of the Senate, if the treaty is within | lute representative of the nation in all foreign making power, conferred as it is by the Conthe scope of the treaty-making power under transactions. He cnn, of his own accord, make trcaties

stitution upon the President and the Senate, is the Constitution, all the people of the United of peace, cominerce, alliance, and, of every other

a power wbich is to be exercised to the excluStates are bound thereby, including the House "Every jurist of that kingdom, and every other sion of all interference by the House of Rep. of Representatives and the Senate.

man acquainted with its constitution, knows, as an resentatives. And when this House shall But gentlemen say that it is the business of

established fact, that the prerogative of making
treaties exists in the Crown in its utmost plenitudo,

undertake to say that a contract made by the the House of Representatives particularly to and that the compacts entered into by the royal au- President, by and with the advice and consent originate the laws necessary to raise revenue

thority have the most complete legal validity and por- of the Senate, is not binding upon the people of and to appropriate money, &c. Conceding

fection independent of any other section. The Parlia-
ment, it is true, is sometimes seen employing itself

the United States until it is confirmed by the that to be true (and I understand it to be the in altering the existing laws to conform them to the House of Representatives, I say that it will be law of the case) it is no limitation upon the stipulations in a new treaty, and this may have possibly given birth to the imagination, that its coöper

doing violence to the landmarks of the Con. exercise of the treaty.making power? What ation was necessary to the obligatory efficacy of the stitution, and to all the memories which cluster is the treaty making power? It is the power treaty. But this parliamentary interposition pro- around the adoption of that sacred instrument. conferred upon a branch of the Government

Mr. WILLIAMS, of Pennsylvania. A single for the purpose of making contracts with adjusting a most artificial and intricato system of

revenue and commercial laws to the changes made question. Suppose the contract imported a foreign countries; and the President of the in them by the operation of the treaty; and of adopt- declaration of war, or involved it by an alliUnited States, by and with the advice and ing new provisions and precautions to the new state

ance offensive and defensive; what then? of things, to keep the machine from running into consent of the Senate, bas the right to make disorder.'

The one can per

Mr. RAUM. I have an answer for the gen. & contract with a foreign nation to bind all form alonewhat the other can only do with the con- tleman from the Constitution itself. The Conthe people of the United States, including currence of a branch of the Legislature,”

stitution devolves upon Congress the warboth Houses of Congress.

That is precisely the condition of affairs in | making power, and a treaty cannot be entered I say this because the Constitution of my this country. While it is true the British into so as to absorb the powers which are delecountry says it; because the Constitution has Crown possesses absolute and unrestricted | gated to the Congress of the United States. conferred upon the President and the Senate

power to make treaties for Great Britain, the The President and Senate cannot make war; a well-known power to be exercised without President of the United States can only make that power is conferred upon the Congress of the interference of other branches of the Gov. a treaty by and with the advice and consent of the United States. ernment.

the Senate. What, Mr. Chairman, is the bind- Mr. WILLIAMS, of Pennsylvania. Then But gentlemen have said that when there is ing efficacy of a treaty? This subject is most am I to understand the gentleman as admitpresented to the House of Representatives a exhaustively discussed in the Federalist. And ting that in those cases where Congress has treaty which requires an appropriation of Mr. Hamilton there says that the only sanction power expressly conferred upon it its jurisdicmoney, the House has the right to determine at best for the execution of a treaty is the good tion remains untouched, anything in the treaty whether or not the treaty shall be executed. faith of the country,

made by the President and the Senate to the I concede that; there is no question about the Now, sir, when I come to look at this treaty contrary notwithstanding? truth of the proposition. The Congress of the made by the President, by and with the advice Mr. RAUM. I answer the gentleman by say United States has entire and absolute control and consent of the Senate, I come to the ing that the powers which are delegated absoover the appropriation of money for all pur- conclusion that honor and good faith demand lutely to the Congress of the United States canposes. Why, sir, suppose you pass a law at the hands of the United States that the not be executed by means of a treaty. Bat that authorizing any particular officer of the Gov. treaty should be executed in the spirit in which is not the question before the House. The quesa it was entered into.

tion is whether or not a contract made by the

President and the Senate shall bind the people paid for by subsequent appropriations of money; the House of Representatives to determine the of this country when it is made in good faith? when that question comes before the House of propriety of executing the treaty, for it is noth- Not whether the House of Representatives Representatives you may or may not appropri- ing more nor less than executing it, why, sir, may refuse to execute a treaty. But is a treaty ate the money; you can do just as you please | they have to exercise such a discretion in made in good faith, and which is within the about it; but will any man pretend to say that respect to this subject that they would in ref- scope of the Constitution, binding upon the debt thus created under the sanctions of law

erence to any other subject involving the ques- people. I affirm that a contract thus fairly would not be a subsisting claim against the tion of peace or war with a foreign country. and constitutionally made is binding upon the Government, a just demand, which should be If the House of Representatives has the power ) good faith of this nation without the approval paid; and that the good faith of the nation | by any provision of the Constitution to nullify of the House of Representatives. would be bound to appropriate the money for a treaty it can only be through the exercise of Mr. Chairman, from the examination I have the payment of such a claim? So it is in a

those powers which are conferred upon Con given this subject I have come to the conclus case of this kind.

gress in the Constitution. Under the Consti. sion that cases may arise where it would be the Mr. WILLIAMS, of Pennsylvania. If the tution Congress has the absolute power of duty of Congress to refuse to execute a treaty; gentleman will yield to me for a moment, I || making war; and if a treaty is made

requiring and to refuse to execute is all it can do. desire to show that in what I stated awhile ago, an appropriation of money to execute it, and Congress does not ratify a treaty; it has only though so strongly, contradicted by the gentle | the Congress of the United States, in the to execute the contract. If a treaty, although man from Massachusetts, (Mr. Banks,] I was examination of the subject, should come to valid as being within the scope of the treatsnot mistaken. I refer now to a speech of Mr. the conclusion that it would be better for this making power, was to devolve certain enorGallatin, in the debates to be found on page country that we should break off our friendly mous consequences upon the country, such 470 of the Annals of Congress, of 1795–96. relations with the foreign nation with whom as would prove ruinous or dangerous to exe: He read a quotation from Blackstone, page the treaty was made rather than to appropriate cute it, I, as one of the Representatives of this 257, volume i, to show that the power of treaty the necessary money to carry out the ireaty, as great people, would not hesitate to assume the making in England is as extensively vested in a matter of course, exercising the high pre responsibility of refusing to execute it, and to the king as it possibly can be said to be here

rogative of the people of the United States, in our Executive. He then proceeded to show they would have the control over the subject,

say to the foreign country, “ You must not
insist

upon its execution; if you do we will go the operation of this limitation of the treaty.

and might say, “We will not carry out this to war with you if need be rather than exemaking power in England by the practice of treaty; we prefer to have your displeasure,

cute it." Parliament. He says:

and io risk the consequences; and you must But, sir, what shall we say of a treaty made "It was always considered as discretionary with either peacefully rescind the contract, or, if in due form of law under all the sanctions of Parliament to grant money to carry treaties into

you choose, settle the question by an appeal to effect or not, and to repeal or not to repeal laws t

the Constitution, and within the unequivocal interfere with them."

scope of the treaty-making power, when it is Again, on the next page, he says:

Mr. Chairman, by reference to the Journal within the reasonable power of the people of "On the same principle the King of Great Britain,

of the Federal Convention you will see that our the United States to execute it, when it does when he mentioned the American treaty, promised forefathers, when they came to frame the Conto lay it before them in proper season, that they might stitution of the United States, discussed this extraordinary duty or threaten any danger

not devolve upon them the performance of any judge of the propriety of enacting the necessary provisions to carry it into effect.

whole subject of the treaty-making power, and whatsoever ? What shall we say wben the Rep: * It remains to be examined (said Mr. Gallatin) after a most exhaustive debate they came to the whether wo are to be in a worse situation than conclusion that they would confer that power

resentatives of the people rise up in their places Great Britain; whether the House of Representatives

and declare that they will not carry out in good of the United States, the substantial and immediate upon the President, to be exercised by and with faith a treaty which the country is able to exe Representatives of the American people, shall be the advice and consent of the Senate. On the ranked below the British House of Commons;

cote without doing any violence to its interests ? whether the legislative power shall be swallowed up 7th of September, 1787, a proposition was made Sir, as for me, I stand here ready to assist in by the treaty-making autbority as contended for to amend the second section of the second carrying out such a treaty. I believe we can here, though never claimed even in Great Britain." article of the Constitution, wbich devolved I undertake to say, from my recollection of upon the President and Senate the treaty-mak.

carry out this treaty not only without injury to this debate, that it was conceded the practice ing power, so that the House of Representatives in so doing we will aggregate to ourselves a

this country, but with positive good. I believe was as I have stated it.

should have a voice in the making of treaties. great territory which will be a benefit to us. Mr. RAUM. In answer to the gentleman | It was proposed to confer upon the House of We will secure that distant territory which we allow me to quote from an authority found in Representatives the authority to join the SenStory on the Constitution; and I wish to be

are destined to have, and which will be of vast ate in ratifying treaties, but that proposition importance to us after the construction of our brief in these quotations:

was voted down by a large majority. "Tbe king of Great Britain is the sole and abso- Now, sir, I undertake to say that the treaty. ll coast.

great thoroughfares penetrating to the Pacific

arms.

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Mr. PRICE. I would like to ask the gen- by the Constitution to Congress, to deliberate refusal upon our part to execute this Russia tleman a question if it will not embarrass him. on the expediency of carrying them into effect. treaty. Refuse to execute it, and Russia wil Mr. RAUM. 1 yield for a question.

That is all there was of it, and the House of || turn from us with scorn and contempt, and a Mr. PRICE. I understand the gentleman | Representatives passed the necessary resolu. Europe will scoff at the perfidious conduct o from Illinois to admit that occasions might tions to carry the treaty into effect.

the western Republic. arise under the treaty-making power, and under We are here to-day deliberating upon the Mr. Chairman, we cannot afford to barte the Constitution as it exists, where the Repre- ) expediency of carrying into effect the treaty away our national honor by a refusal to exe sentatives of the people would be not only ) with the emperor of all the Russias for the cute this treaty. The honorable gentlemai fully justified, but it would be their duty to purchase of Alaska. Can we pay the money? from Massachusetts, (Mr. Butler,] among refuse to appropriate money.

Have we got it? We have it in the Treasury. other grounds of objection to the passage of Mr. RAUM. Refuse to execute the treaty; We are able to pay it. We have the money at this bill, insists that it is inexpedient to receivi I do not stop at money. I refer to the per- hand. It will be no extraordinary burden to as citizens of the United States the few Rus formance of any legislative act.

the people of the United States to pay it. It sian citizens who inbabit Alaska. He seem Mfr. PRICE. I understand, then, that that will be no more than twenty cents apiece. We to fear the extension of the suffrage to tha is the opinion of the gentleman.

can pay it without injury to the people of the people. Mr. Chairman, I must confess my Mr. RAUM. Yes, sir.

United States. Good faith requires that we surprise at hearing this sentiment come fron Mr. BANKS. That is wbat we all mean. should pay the money.

Shall we refuse to do the gentleman from Massachusetts. I though Mr. PRICE. That is the correct doctrine. so? Shall we issue orders to that little hand- that he was fully committed to the propriety The question, then, is whether this is one of ful of men, who to-day are standing around the and justice of the doctrine of the Declaratior those occasions. I think it is; other gentle- stars and stripes up at Sitka, and tell them to of Independence, that Governments derived men think that it is not.

haul down the old flag and return to Califor- their just powers from the consent of the gov Mr. BANKS. The theory of the gentleman || nia, that the people of the United States have erned; I supposed that he was fully imbrued from lowa is that the treaty-making power may taken a step backward, and have refused to with the idea of the justice of extending the make any treaty provided it is not sent to this execute a treaty entered into in good faith with right of suffrage. For myself, sir, I see no House. They may surrender the Constitution the emperor of Russia, and which we can exe- cause of alarm in making American citizens and the Government in any form provided they cute without inflicting any wrong upon the of the forty or fifty thousand Russians now do not ask our concurrence. That is his people of the United States, and in executing inhabiting Alaska, and of admitting them to theory.

which we can carry out the great doctrine of the right of suffrage whenever Congress shall Mr. PRICE. I do not hold any such theory. expansion which animates the heart and mind see fit to do so in the organization of a terri. I see no common sense, no justice, no law in of every American citizen. For one, sir, I say torial government there. it. I have not held such a doctrine, and I no, no, no. Mr. Chairman, if the United States Mr. Chairman, I do not propose to detain hope I never shall.

has a traditional policy, a policy to which the the committee much longer, but there is one IIr. RAUM. Mr. Chairman, in answer to people of the United States are attached, it is point to which I wish to call attention, and that the gentleman from lowa I will say that ihe ihat of acquiring territory. I cannot express is the vast importance of acquiring a strong Congress of the United States holds within its the doctrine in as apt terms as did the vener- foothold along the whole Pacific coast with a hands the power to abrogate any treaty which able gentleman from Ohio, (Mr. SPALDING;] || view to aggregating the whole of the rich trade may be executed in due form of law under the but I believe that in the lifetime of these boys | of the East, which will, with wise legislation, Constitution, and to assume for the people of who are acting as pages here to day, the Amer- necessarily fall into our hands. That trade the United States the whole responsibility || ican flag will wave in triumph over the undi- || has been the prize of commerce for three thouwhich may result from an act of that kind. vided territory of North America. I do not sand years. Solomon and those under his Not only may they refuse to execute a treaty | know so much about South America ; but, so crown grew rich by that eastern trade. Jeruwhich requires legislation, but they may abro- far as I am concerned, I am ready to see all salem and Palmyra were made great cities by gate all treaties which have been executed by l of North America, from the North pole down the eastern trade. So with Alexandria and legislation, or which by their terms do not to the Isthmus of Darien, under the sway of Thebes ; and at last it swung around Cape require legislation for their execution. The the United States of America.

Horn to London, which is now the great disCongress of the United States being the law- And, Mr. Chairman, I do not wish to see tributing point for this trade, and which, per making power, and holding the sovereignty of the legitimate expansion of the United States consequence, has grown to be the financial the nation in its hands, has the power and the retarded by the adoption of the dangerous and center of the world, Manifest destiny has right, in exercising the sovereign will of this unwarrantable doctrine urged upon the consid. pointed out a new route for this trade across nation, to abrogate treaties or to execute trea- eration of the House. I do not wish to see the continent of America. There is no questies according to its sound discretion. That is the good name of this Republic tarnished by tion about that. The trade of India alone is my doctrine. The power to make treaties, the the adoption of a theory in respect to the | about five hundred million dollars. The trade power to make contracts, and make them bind treaty-making power not justified by a fair of China has increased within the last six or ing, is devolved upon the President and the construction of the Constitution. I will never eight years from $80,000,000 to $300,000,000. Senate. It is for them to say whether or not agree, and I trust that this House will never The trade of Japan is immense. We are now they will make contracts. It is for us to say agree, that the binding efficacy of a treaty shall entering into new relations with that distant whether or not we will execute the contracts. depend upon the conclusions of a body of country. Five hundred million people live That is the distinction.

men who, according to the laws of the country there, five hundred million producing populaNow, go through all the authorities. Go | making such treaty, can take no part in agree. tion, who are to pour the wealth of their back to the time when this subject first sprang | ing upon its terms.

trade upon the Pacific coast of the United up in the House of Representatives, when the Sir, the United States as a nation is now in States, and across the continent of America, to first treaty was made with Great Britain, and its infancy, our commercial relations are ex- be distributed at New York, Philadelphia, Boswhen an opposition House called upon General | tending and becoming more and more import- ton, New Orleans, and other points on the sea. Washington, then President, to send down for ant every year. The time is not far distant board, to the distant points across the Atlantic. their scrutiny all the instructions which had when we will be the leading commercial nation Sir, within the lifetime of our young men, been given to our minister, for the purpose of of earth. Let us not set a bad example in re- within the next fifteen or twenty years, I venmaking the treaty with Great Britain, and when spect to the obligation of treaties; let us say to ture the prediction the total trade of that eastthey poised the subject in their minds whether | all the nations of the world that we execute in ern country with the United States will reach or not they would execute the treaty what did good faith treaties entered into by the Presi- $2,000,000,000. It is capable of indefinite General Washington say? He had assisted in | dent, by and with the advice and consent of expansion. Shall we reach forth our hand framing the Constitution; he was recognized the Senate. Our citizens have claims against and grasp that rich trade which has made opuas one of the wise men of that day, who un. Great Britain which we regard as just, and the lent every nation that has controlled it? derstood and expounded the Constitution as payment of which our minister has been orging I say that Alaska from 54° 40' to the frozen intelligently as any other person. He told for some time. Suppose, sir, that her Britannic regions gives us a valuable portion of the the House of Representatives that the treaty Majesty Queen Victoria should conclude à Pacific coast. The 5° 40' now owned by Great which had been executed by the President, treaty with this country, agreeing to pay a cer- Britain will drop into our hands like a ripe with the advice and consent of the Senate, was tain sum of money in settlement of the Ala- pear. Then looking down southwest we bebinding upon the people of the United States, bama claims; and suppose further, sir, that hold that Mexico has a long line of coast; it, and that as it contained a statement of all the the British Parliament should refuse to appro- too, must belong to us. And, sir, I believe subjects of legislation necessary for the inform priate the necessary money to execute the that by constitutional and peaceful means ation of the

use, he refused to comply || treaty, is there a gentleman on this floor who within twenty years Mexico will form a part of with the request. What was the result on that would not regard such refusal as a violation our glorious Republic, and that from five to occasion? Why, sir, the House acquiesced in of good faith, and would we not point to the seven new States will there be added to the the principle of that message of General Wash- British constitution and say that the treaty. Union; and then, sir, our coast line will extend ington, and they passed a resolution declaring | making power is vested in the sovereign with- from the Isthmus to the frozen regions of the that they had no power to interfere in the out limitation, and that an execution of the

North. making of a treaty, but they asserted the right treaty upon the part of the British Government We will want railroads. We are now building just as I have asserted it here to day, the right || was necessary for the continuance of friendly one to the Pacific, and are pluming ourselves of the House of Representatives, whenever relations between the two countries?

upon the tremendous undertaking. What stipulations are made on subjects committed Such, sir, must be the inevitable result of & would our trade in the West do to-day with

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EXECUTIVE COMMUNICATIONS,

one railroad? The roads from Baltimore, from

IN SENATE.

be no improvement. I move its indefinite Philadelphia, from New York, and from Bos

WEDNESDAY, July 8, 1868.

postponement to get it off the Calendar. ton westward are no more necessary now than Prayer by Rev. E. H. GRAY, D. D.

The motion was agreed 10. an equal number of lines of railroad to the On motion of Mr. CONNESS, and by unan

Mr. VAN WINKLE, from the Committee Pacific will be at a very early period. We

imous consent, the reading of the Journal of on Pensions, to whom was referred the followmust have more than one Pacific railroad. yesterday was dispensed with.

lowing bills, reported them without amendWe must have a northern Pacific railroad.

ment: We must have the Kansas Pacific railroad.

A bill (H. R. No. 218) granting a pension And we must have the International Pacific

The PRESIDENT pro tempore laid before

of seventeen dollars per month to David railroad provided for in House bill No. 817,

the Senate a letter of the Secretary of the Dubigg, of Lynden, Vermont, father of late from Cairo southwest through Missouri, ArkanInterior communicating a letter from the

l'irst Lieutenant Dennis Duhigg, of company sas, and Texas, striking Mexico on the Rio Commissioner of Indian Affairs, in relation

M, first regiment Vermont artillery; Grande, and reaching the Pacific coast at San to the appropriation for subsisting the Navajo

A bill (H. R. No. 256) granting a pension to Blas or Mazatlan. The construction of all these Indians on the Bosque Redondo reservation,

George Truax, late a private in company H, railroads will aid in the aggrandizement of this

New Mexico; which was referred to the Com. first regiment Virginia volunteers; great Republic by possessing the trade which mittee on Indian Affairs.

A bill (H. R. No. 1164) granting a pension must inevitably be developed on the Pacific

He also laid before the Senate a report of

to Margaret Davis; ocean. And now, sir, in view of the existence of the law governing the treaty-making power formity with the requirements of the act of the National Academy of Science, in con:

A bill (H. R. No. 1165) granting a pension

to Elizabeth Cassidy ; as I have presented it, in view of the fact that incorporation, approved March 4, 1863, show

A kill (H. R. No. 1166) granting a pension good faith requires us to execute this treaty,

to Louisa M. Williston ; and in view of the great law of expansion which ing the operations of the National Academy of Science during the past year; which was

A bill (II. R. No. 1167) granting a pension must control the destiny of this country, I am

referred to the Committee on Printing. to Esther Graves; ready to cast my vote for this bill to consum

A bill (H. R. No. 1168) granting a pension mate the purchase of Alaska.

PETITIONS AND MEMORIALS.

to Frederic Denning; Mr. BANKS. I want to read a single ex- Mr. WILSON presented the petition of A bill (H. R. No. 1169) granting a pension tract froin the document on Russian America, Nancy Smith, widow of Benjamin Holden to Joseph B. Rodden; which was printed by order of the House, in

Smith, praying to be allowed a pension; which A bill (H. R. No. 1170) granting a pension reference to Major Kennicutt's passage through was referred to the Committee on Pensions. to Eliza M. Matthews; this country:

Mr. CATTELL presented a petition of citi- A bill (H. R. No. 1171) granting a pension “In consequence of this suggestion he ultimately zens of New Jersey, praying an extension of the to William F. Nelson; undertook, eight years since, his first trip by Lakes Superior, Winnepes. Athabasca, and Great Slavo

provisions of the thirty-third section of the A bill (H. R. No. 1172) granting a pension lake down to Fort Simpson, where he spent the first bankrupt law; which was referred to the Com- to Lucinda J. Letcher ; winter;thence down the Mackenzie to the tido waters mittee on the Judiciary.

A bill (H. R. No. 1173) granting a pension of its deltas; thence up the Pearl river to Fort McPherson; thence over the Porcupine mountains, the

Mr. FOWLER presented a petition of Rob. to Julia A. Barton; nortberti termination of the Rocky mountains, to the ert Wilson, praying to be allowed a pension; A bill (H. R. No. 1174) granting a pension Poreupine river, and down to its junction with the which was referred to the Committee on Pen. to Julia Carroll ; Yukon, on the one hundred and torty-sevonth degree

sions. of west longitude, where the British fur company,

A bill (H. R. No. 1175) granting a pension have a large post over a degree on Russian territory,"

On motion of Mr. CORBETT, it was-- to Cornelia Peaslee; There he died, and his dead body was carried Ordered, That tho petition of Henry Failing be A bill (H. R. No. 1176) granting a pension down to Behring strait. rereferred to the Committee on Claims.

to Mary Cover, widow of Samuel Cover, deMr. WILLIAMS, of Pennsylvania. Thegen- LEGISLATIVE, ETC., APPROPRIATION BILL.

ceased, late a private in company G, of the tleman is mistaken; it was on a different expe

fifty-sixth regiment of Pennsylvania volun:

A message from the House of Representadition,

teers; tives, by Mr. McPherson, its Clerk, announced Mr. BANKS. The gentleman is correct.

A bill (H. R, No. 1177) granting a pension that he was directed to inform the Senate that Mr. WILLIAMS, of Pennsylvania, I did

to Malinda Ferguson, widow of James Ferin communicating the action of the House on not dispute the fact that he had been as far as the amendments of the Senate to the bill (H. / regiment of Kentucky cavalry ; and

glison, late a private in company C, of the first the junction of the Yukon and the Porenpine, R. No. 605) making appropriations for the but that the territory between the junction of

A bill (H. R. No. 1178) granting a pension legislative, executive, and judicial expenses those two rivers and New Labrador, a distance

to Mary Merchant, mother of Timothy H. of the Government for the year ending June | Pittsford, deceased, late a private in company of one thousand miles, was unexplored.

30, 1869, amendment No. 223 was erroneously | G, of the first United States veterau engineer Mr. BANKS. It has been explored, but

announced as having been agreed to, the same Major Kennicutt died before making his report.

corps. not having been agreed to. If he had lived he would have given us inval

Mr. TRUMBULL, from the Committee on uable testimony of this territory.

REPORTS OF COMMITTEES.

the Judiciary, to whom was referred the bill Mr. WILLIAMS, of Pennsylvania. i say Mr. HOWARD, from the Committee on

(H. R. No. 1206) to restore to certain parties that the country was never explored, and we Military Affairs and the Militia, to whom was

their rights under the laws and treaties of the have never had any report of it. referred the bill (H. R. No. 550) providing for further consideration, and that it be referred to

United States, asked to be discharged from its Mr. BANKS. There was no report, because

the sale of a portion of the Fort Gratiot miliMajor Kennicutt died before he could make it.

the Committee on Claims; which was agreed to. tary reservation, in St. Clair county, in the I move that the committee rise.

Mr. TRUMBULL. The Coronittee on the State of Michigan, reported it without amendThe motion was agreed to; and the commit

Judiciary, to whom was referred a resolution ment. tee accordingly rose, and the Speaker having

He also, from the same committee, to whom

as to the propriety of a law to authorize 10; resumed the chair, Mr. GARFIELD reported was referred the bill (H. R. No. 1354) to pro

dians to testify in certain cases, have instructed that the Committee of the Whole on the state vide for the issue of arms for the use of the

me to report it back and ask to be discharged of the Union had, according to order, had the militia, reported it without amendment.

from its further consideration, on the ground special order under consideration, being House

Mr. RAMSEY, from the Committee on

that the committee are of opinion that the bill No. 1096, making an appropriation of money. Territories, to whom was referred the bill (S.

Iodians have a right to testify under the law as to carry into effect the treaty with Russia of

it stands and no statute is necessary on that No. 571) to provide for the more economical March 30, 1867, and had come to no resoluadministration of the government of the several

subject. tion thereon. Territories of the United States, and for other

The report was agreed to. purposes, reported it without amendment. Mr. TRUMBULL. The same committee, to Mr. BOUTWELL. I report back from the

Mr. MORGAN, from the Committee on whom was referred the bill (H. R. No. 90) to Committee on

l'inance, to whom was referred the joint reso- authorize and require the administration of lution (R. )

Oaths in certain cases, and to punish perjury ties from the persons therein named.

in connection therewith, recommend its indef

. that the House do now adjourn.

certain articles contributed to the National inite postponement, being of opinion that the The motion was agreed to; and thereupon | Association of American Sharp-shooters, re- laws already authorize the chairmen of com(at five o'clock and forty-five minutes p. m.) | ported it without amendment.

mittees, both standing and special committees, the House adjourned.

Mr. EDMUNDS. I am directed by the Com- to administer oaths. There is no necessity for mittee on the Judiciary, to whom was referred

the bill. the bill (H. R. No. 293) to regulate and limit The motion to postpone indefinitely was

the admiralty jurisdiction of the district courts agreed to. The following petition was presented under of the United States in certain cases, to report Mr. TRUMBULL. The same committee, the rule, and referred to the appropriate com- it back with the expression of the opinion that to whom was referred the bill (H. R. No. mittee:

it ought not to pass. It appears to the com: By Mr. GARFIELD: The petition of Charles i mittee that the principles of maritime law that

1194) to provide for the inauguration of State E. Broyles, of Dalton, Georgia, for the removal now prevail are the appropriate ones for the

officers in Arkansas, North Carolina, South of political disabilities. administration of justice, and this bill would || and for the meeting of the Legislatures of said

Carolina, Louisiana, Georgia, and Alabama,

REMOVAL OF DISABILITIES.

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I move

PETITION

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