“Should Congress Break Treaties With Britain? A South Carolina Lawmaker's Fiery 1846 Defense of Presidential Power”
What's on the Front Page
The Daily Union's front page on March 2, 1846, is dominated by a lengthy Congressional speech from Mr. Sims of South Carolina, delivered February 7th, passionately debating whether the House of Representatives has constitutional authority to abrogate the Oregon Territory treaty with Great Britain. The debate centers on a proposal to give notice that the convention of August 1827 touching Oregon's territorial claims will be terminated after twelve months. Sims argues forcefully that treaty-making and treaty-breaking powers belong exclusively to the executive branch working with the Senate—not to Congress as a whole. He warns that granting Congress such power would be 'derogatory to truth, to patriotism, and to the dignity of debate,' and invokes Roman history to argue that mutual recrimination destroys republics. Sims systematically dismantles arguments that Congress derives treaty-abrogation power from Article VI (which calls treaties 'supreme law') or from the general welfare clause, calling such interpretations fallacious and dangerous.
Why It Matters
March 1846 was a critical moment in America's western expansion. The Oregon Territory dispute with Britain was one of the nation's hottest political issues, pitting American expansionist ambitions against diplomatic restraint and constitutional principle. Just weeks after this speech, the situation would escalate sharply—by May 1846, the Mexican-American War would begin, and Oregon tensions would complicate America's ability to fight on two fronts. The constitutional debate Sims articulates reflects deeper sectional anxieties: the South feared aggressive expansionism would upset the balance between slave and free states, while Northern interests pushed for aggressive territorial claims. This speech captures the moment before manifest destiny collided with constitutional limits and slavery's expansion.
Hidden Gems
- The paper credits Sims with citing 'a gentleman from Ohio' who made 'an able and elaborate argument' about legislative treaty power—yet the OCR corruption makes the Ohio congressman's name illegible, leaving a ghost in the historical record.
- Robert Fulton is mentioned in passing in a garbled section about the invention of the steamship, suggesting the paper was also publishing competing claims about technological attribution—a forgotten priority for 1846 readers.
- Subscription rates are advertised: full-year subscriptions cost less than subscriptions 'for a period than a year,' indicating newspapers were experimenting with pricing strategies to lock in longer commitments during an era of rapid information expansion.
- The paper's masthead declares 'LIBERTY, THE UNION! AND THE CONSTITUTION'—suggesting how these three concepts were still being negotiated and debated rather than seen as obviously compatible, especially regarding western expansion and slavery.
- A footnote cites 'No. 491, House Report, 21st Congress, 1st session,' showing Congressional debates were already being formally archived and cross-referenced like academic literature by 1846.
Fun Facts
- Sims invokes the specter of the 'quasi-war' with France in 1798 (which he describes in detail) to warn against Congressional overreach—yet Congress had actually already declared the French treaties void in that crisis. History would prove Sims half-right: within 14 years, the Polk administration would settle Oregon via negotiation rather than Congressional decree, validating his executive-power argument.
- When Sims name-checks 'the venerable gentleman from Massachusetts, [Mr. Adams]' and his 1832 manufacturing report, he's referring to John Quincy Adams, the former president who returned to Congress in 1831 and would serve there until his death in 1848—one of the only ex-presidents to do so, still fighting these fights as an old man.
- Sims quotes classical Latin from what appears to be Roman historical texts about civil discord—'Concordia, Munifices cum Hostibus exercituum'—revealing that Antebellum Congressional oratory was saturated with classical references that were genuinely expected to resonate with educated audiences.
- The paper's OCR corruption around Robert Fulton's steamship invention suggests competing claims about who invented the steam engine were still being litigated in newspapers in 1846, two decades after Fulton's death, showing how contested technological history remained in the popular press.
- The debate over treaty power in 1846 was essentially unresolved constitutional law—the Supreme Court would not definitively address a president's power to unilaterally terminate treaties until 1979 (*Goldwater v. Carter*), making Sims's arguments from 1846 part of a 133-year-long constitutional argument.
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