else, entirely in the dark. No one knows who
furnished advice as to the treaty, nor does any one
know what is to be the law when it shall have been
confirmed. Neither can any one tell how the errors
that may now be made will be corrected. With
a law regularly passed through both Houses of Congress,
these difficulties could not arise. They are a
natural consequence of this attempt to substitute
the will of the Executive for that of the people,
as expressed by the House of Representatives, and
should, as I think, weigh strongly on the minds of
Senators when called to vote upon the treaty.
Their constituents have a right to see, and to discuss,
the laws that are proposed before those laws are finally
made, and whenever it is attempted, as in the present
case, to stifle discussion, we may reasonably infer
that wrong is about to be done. This is, I believe,
the first case in which, on account of the unpopularity
of the law proposed, it has been attempted to deprive
the popular branch of Congress of its constitutional
share in legislation, and if this be sanctioned it
is difficult to see what other interests may not be
subjected to similar action on the part of the Executive.
In all such cases, it is the first step that is most
difficult, and before making the one now proposed,
you should, as I think, weigh well the importance of
the precedent about to be established. No one
can hold in greater respect than I do, the honorable
gentleman who negotiated this treaty; but in thus
attempting to substitute the executive will for legislative
action, he seems to me to have made a grave mistake.
In the claim now made in behalf of English authors,
there is great apparent justice; but that which is
not true, often puts on the appearance of truth.
For thousands of years, it seemed so obviously true
that the sun revolved around the earth that the fact
was not disputed, and yet it came finally to be proved
that the earth revolved around the sun. Ricardo’s
theory of the occupation of the earth, the foundation-stone
of his system, had so much apparent truth to recommend
it, that it was almost universally adopted, and is
now the basis of the whole British politico-economical
system; and yet the facts are directly the reverse
of what Ricardo had supposed them to be. Such
being the case, it might be that, upon a full examination
of the subject, we should find that, in admitting the
claim of foreign authors, we should be doing injustice
and not justice. The English press has, it is
true, for many years been engaged in teaching us that
we were little better than thieves or pirates; but
that press has been so uniformly and unsparingly abusive
of us, whenever we have failed to grant all that it
has claimed, that its views are entitled to little
weight. At home, many of our authors have taken
the same side of the question; and the only answer
that has ever, to my knowledge, been made, has been,
that if we admitted the claims of foreign authors,
the prices of books would be raised, and the people