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TEXAS ST.\TE LIBRARY
ident be and is hereby Yested with the custody and disposal of all prisoners of war. l'ro,·ided, that the prisoners Santa Anna and Al- monte shall not be released or set at liberty on any occasion, without the concurrence of the Senate, and tliat the President shall not have the power to release said prisoners during the recess of the senate." Sec. 5th, of the 6th Art. of the Constitution says, that he (the President) may with the advice and con.sent of the Senate make treaties. Sir, the resolution that has been read, was not formed in haste and adopted without reflection; it was the result of long and deliberate consideration and \\'as adopted by an united voice; not by way of compromise but from thorough conviction which seemed to rest upon the minds of every Senator, that any treaty formed by the executive with our distinguished prisoner-was a matter too grave and mo- mentous-too pregnant with solemn consequences to the country, to be suffered to pass without the concurrence of this honorable Senate. The Constitution requires that all treaties shall receive the assent of the Senate; and surely one to be made with Santa Anna for his free- dom was not to form an exception to this salutary provision-a resolu- tion so perfectly in accordance with the spirit .and letter of that sacred • instrument and so sound and satisfactory on the score of policy, co11ld not fail to be received and appreciated by the talents and virtue of the Senate: it w~s accordingly received and adopted without a dis- senting voice: all were pleased with it: all were satisfied. It then received the signature of the presiding officer of this body and was presented to the president for his signature, which he has refused to gh·e; to-day it has been returned with an executive veto. Sir; the Constitution provides when the President shall refuse his approval to n.ny bill or resolution of congress he shall return the same to tho house whence it originated:. The language of the 0011- stitution is this, "T.hat all bills, acts, orders or· resolutions, shall be approYed and signed by the President or being disapproved-shall be passed by two thirds of both houses," in the exercise of this pre- rogatiYe the president has sent back the resolution with a message set- ting forth the considerations which induced him to withhold his sig- -nature ! and the resolution consequently has to undergo our reconsid- eration, and if re-adopted in accordance to the constitution requisi- tion it becomes a law, if not it is lost finally. Shall we now give it that prompt and hearty support which jt received on its first intro- duction? or shall we by our vote to-day destroy it in obediency to his excellency's wish. This, gentlemen, is the question before •u.s, and I will proceed to g-ive it that grave consideration which its importance dcmandc; with as little passion and as great n. share of good will as fallible nature will allow. Sir, I have no selfish object to subserve in this matter..L 110 private ends to accomplish-no executive favor to ask; and nothing to lose from official displeasure. Unbiased by interest and unawed by power, I approach the subject with an eye singly to the public weal and in the faithful discharge of my duty shall move onward regardless of good or ill to myself, and look alone to conscience for my reward! :\Ir. Prei1ident, yon will percievc by the l'Cading of this resolution, that it docs not prohibit the President from making n treaty with the
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