“The subject being now, in all its present aspects, before Congress, whose right it is to decide what measures are to be pursued on that event, I deem it unnecessary to make further recommendation, being confident that, on their part, every thing will be done to maintain the rights and honor of the country which the occasion requires.”
The President leaves the whole question to Congress. What was the information then communicated? That a very high state of excitement existed against us in France. That the French minister had been recalled from this country; an act which is generally the immediate precursor of hostilities between nations. Besides, Mr. Livingston, who was a competent judge and on the spot, with the best means of knowledge, informed his Government that he would not be surprised, should the law be rejected, if they anticipated our reprisals, by the seizure of our vessels in port, or the attack of our ships in the Mediterranean, by a superior force. Such were his apprehensions, upon this subject, that he felt it to be his duty, without delay, to inform Commodore Patterson of the state of things, so that he might be upon his guard.
Ought these apprehensions of Mr. Livingston to have been disregarded? Let the history of that gallant people answer this question. How often has the injustice of their cause been concealed from their own view by the dazzling brilliancy of some grand and striking exploit? Glory is their passion, and their great emperor, who knew them best, often acted upon this principle. To anticipate their enemy, and commence the war with some bold stroke, would be in perfect accordance with their character.
Every Senator, when he voted upon the appropriation, must have known, or at least might have known, all the information which was contained in the documents accompanying the President’s message.
It has been objected, that if the President desired this appropriation of three millions, he ought to have recommended it in his message. I protest against this principle. He acted wisely, discreetly, and with a becoming respect for Congress, to leave the whole question to their decision. This was especially proper, as we had not thought proper to adopt any measure in relation to the subject.
Suppose the President had, in his special message, recommended this appropriation, what would have been said, and justly said, upon the subject? Denunciations the most eloquent would have resounded against him throughout the whole country, from Georgia to Maine. It would have everywhere been proclaimed as an act of executive dictation. In our then existing relations with France, it would have been said, and said with much force, that such a recommendation from the executive might have had a tendency to exasperate her people, and produce war. Besides, I shall never consent to adopt the principle that we ought to take no measures to defend the country, without the recommendation of the executive. This would be to submit to that very dictation, against which, on other occasions, gentlemen themselves have so loudly protested. No, sir, I shall always assert the perfect right of Congress to act upon such subjects, independently of any executive recommendation.
This special message was referred to the Committee on Foreign Relations, in the House of Representatives, on the 26th February. On the next day they reported three resolutions[resolutions], one of which was, “that contingent preparation ought to be made, to meet any emergency growing out of our relations with France.” The session was rapidly drawing to a close. But a few days of it then remained. It would have been vain to act upon this resolution. It was a mere abstraction. Had it been adopted, it could have produced no effect; the money was wanted to place the country in a state of defence, and not a mere opinion that it ought to be granted. The chairman of the Committee on Foreign Relations, therefore, on the 28th February, had this resolution laid upon the table, and gave notice that he would move an amendment to the fortification bill, appropriating three millions of dollars, one million to the army, and two millions to the navy, to provide for the contingent defence of the country.
It has been urged, that because the President, in his last annual message, has said that this contingent appropriation was inserted according to his views, that some blame attaches to him from the mode of its introduction. Without pretending to know the fact, I will venture the assertion, that he never requested any member, either of this or the other branch of the legislature, to make such a motion. He had taken his stand—he had left the whole subject to Congress. From this he never departed. If the chairman of any committee, or any other member of the Senate or the House, called upon him to know his views upon the subject, he no doubt communicated them freely and frankly. This is his nature. Surely no blame can attach to him for having expressed his opinion upon this subject to any member who might ask it. It has been the uniform course pursued on such occasions.
On the 2d of March, the House of Representatives, by a unanimous vote, resolved that, in their opinion, the treaty with France, of the 4th July, 1831, should be maintained, and its execution insisted on. This was no party vote. It was dictated by a common American feeling, which rose superior to party. After this solemn declaration of the House, made in the face of the world, how could it be supposed they would adjourn, without endeavoring to place the country in an attitude of defence? What, sir! The representatives of the people, with an overflowing treasury, to leave the country naked and exposed to hostile invasion, and to make no provision for our navy, after having declared unanimously that the treaty should be maintained! Who could have supposed it?
On the 3d of March, upon the motion of the chairman of the Committee on Foreign Relations (Mr. Cambreleng) and in pursuance of the notice which he had given on the 28th of February, this appropriation of three millions was annexed as an amendment to the fortification bill. The vote upon the question was 109 in the affirmative, and 77 in the negative. This vote, although not unanimous, like the former, was no party vote. The bill, thus amended, was brought to the Senate. Now, sir, let me ask, if this appropriation had proceeded from the House alone, without any message or any suggestion from the executive, would this not have been a legitimate source? Ought such an appropriation to be opposed in the Senate, because it had not received executive sanction? Have the Representatives of the people no right to originate a bill for the defence and security of their constituents and their country, without first consulting the will of the President? For one, I shall never submit to any such a slavish principle. It would make the Executive every thing, and Congress nothing.