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Speech of Mr. Duncan of Kentucky, on the Assumption of Power by the Executive (Classic Reprint)




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Stand:2015-08-04 03:50:33

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Excerpt from Speech of Mr. Duncan of Kentucky, on the Assumption of Power by the Executive Mr. Duncan, of Kentucky, addressed the House as follows: I am pleased to find that a disposition has been manifested by some members on this floor to speak on the subject before the House. The message which has just been read was produced by a call suggested by the message of the 6th of July, which now lies upon your table, and which has found its way into the public journals. It appears to be, so far as I was able to judge by the reading of it by the clerk, but an elongation and defence of the principles set forth in the message of the 6th July. Sir, these two messages are, in my judgment, so full of error, and they contain propositions so startling, so repugnant to the first principles of our Constitution, and so subversive of every thing that has hitherto been regarded as settled by the laws of nations, that I cannot refrain from noticing some of their extraordinary positions. It is my belief that, by searching all our archives, we can find nothing so derogatory to American statesmanship as these two public documents emanating from our American Cabinet. The mere statement that in the nineteenth century a civilized country, now within our jurisdiction, and subject to our protection, has by the act of our President been reduced to a state of absolute anarchy; that it is now without any civil government, and must so remain till Congress shall establish one, is well calculated to excite astonishment and produce alarm. Such results have not, even in more rude and barbarous ages, been generally produced by war, and surely they ought not to be found in this enlightened age. They certainly were not necessary; and, therefore, they seem to demand the just censure not only of the American people, but of all Christendom. Among other strange things, the President solemnly makes to this House this communication in one of the messages on your table: "The war with Mexico having terminated, the power of the Executive to establish or to continue temporary civil governments over these territories, which existed under the laws of nations whilst they were regarded as conquered provinces in our military occupation, has ceased. By their cession to the United States Mexico has no longer any power over them, and, until Congress shall act, the inhabitants will be without an organized government. Should they be left in this condition, confusion and anarchy will be likely to prevail." It is my purpose, sir, to examine these statements of the President, and to demonstrate that they exhibit a lamentable lack of statesmanship, and an utter ignorance of the laws of nations, and the theory of our own Constitution. It is laid down, I believe, by every respectable authority, ancient and modern, as the general rule, that when one civilized country conquers another, the laws in force in the conquered country remain until they are abrogated or modified by the conqueror. This, I think, is clearly and undoubtedly the rule of the law of nations. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.


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