493
PAPERS OF IIRABEAU BUONAPARTE LAMAR
pri oners referred to, whenever he shall deem it politic and wise to do so; it only requires him to submit such treaty when made, to the en- ate for its concurrence. This is all, and I would ask respectfully where is the injustice, where the danger, or unreasonableness of tl1is course? It is required by the constitution, it is required by public opinion· indeed it i required by every consideration of reason, pro- priety and general tranquillity. The people of this republic long ago took the matter out of the hands of one executive, to bring it under the consideration of this congress; they have always looked upon the case as an anomalous one, and considered congress as the legitimate triliunal to determine it; what objection can the president or his friend have to tbe referrence? do they distrust this body, ot· Jo they feel that they ,are about taking a step which will not bear too rigid a scrutiny? They may succeed in evading the advice and consent of thi body, but they cannot clo e.. the eyes of the world to the trans- action. • ~ Sir, the gaze of other nations is upon us; they are anxiously waiting the action of congress on this very matter· they have been taught to believe that this is the proper authority to investigate and determine it. But what, think you, will be their opinion of us and our institu- tions, when they read in the constitution that the president "may, with the advice and con ent of the senate make treaties," and immed- iately after read, by way of commentary on the text, the executive VETO of a resolution which only goe to say that he shall not treat with the President of Mexico £or hi freedom, without the con ent of this very senate? The rejected resolution goes no further· it is only an echo of the constitution. To foreign nations it must seem strange indeed, in the very face of this paramount law, to seo a treaty, the first under the new government, formed and carried into effect with- out the prescriood senatorial sanction. They will certainly enquire why this body was not consulted on so important a matter. Is this body too ignorant, is it too corrupt Y Sir, these questions will occur, and what answer shall we give Y shall we say that the will of the executive was the cause, that the sacred provisions of the constitu- tion, obligatory on all other departments of government, must yield to his desire ? This will be our reply if we fail to re-adopt the reso- lution. fr. President, there have been some very unexpected changes of late in the opinions of gentlemen who occupy seats on this floor, on various qu~ tions, and strikingly o on tho present one. They have been alternately for and against the ame things; but a few days ago, every voice was loudly raised for this very resolution; it was agi:eed by all, that a treaty £or the release of Santa Anna could not be con- cluded without the enate's concurrence; but now, distinguished sen- ators come forward and say that our concurrence is not necessary; that our interference is indelicate and unconstitutional, andl that the executive alone, who i fully competent to manage all such affairs, should not have his prerogative infringed upon by senatorial inquisi- tion. Yesterday he spoke for the resolution; but, sir, a change came o'er the spirit of his dreams, and today he speaks against it with a fire and zeal to my mind unsuited to the occasion. This however is always the consequence of sudden conversion. The ca'llse of these
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