The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-01-05


ton the special orderl
The SPEAKER explained.
Mr.. C. j. INGERSOLL said hs did not wish 10
Interfere with the report OF the minority OF the
committee. Aft sl h-'tf'
The SPEAKER said the motion for special or
Mr.. q. DAVIS asked leave 10 have the repor,
Of the minority read, before ,he question was
| taken.
Mro,J,INGERsoLL hoped no objection would
be made.
lcnss from all parts ofths House, "Read il, read
Mr. q. DAVIS Ihsn presented report in behalf
Of the minority Of the committee Of Foreign Al
fairs and, ascending the clerks PLATFORM read IL him
self - follows 4e.i tg.s|lrr
The minority Of the committee on Foreign Rsla-
hons ask permission 10 report, that the ID article Of
the convention between the United States and Greal
Britain Of October 1873 provides "Thatany country
that may be claimed by either party on the north
| " est coast Of America westward 10 the Stony
mountains, shall, together with It's harbors, bays,
and creeks, and the navigation OF all rivers within
the ssms be free and open for the term OF ten years
from the date Of the signature Of the present con-
sention To the vessels eiuzens and subjects OF the
two powers,n &c.
The convention between the same parties Of Au-
gust 1927, in its first article slipulates; "All the
provisions Of the 81 article Of the convention con-
cluded between the United States Of America and
GreaI Britain and Ireland, on the 10Th Of October,
1878, shall be, and they hereby, further indeh-
nilely extended and continued IN force in the same
manner IL all the provisions Of the said article
were herein specifically rectsd. !"
The second srticle Of the latter convention pro-
yides at shall be competent, however, TO either Of
the contracting parties, in either should think
fl, at any time after the 20th Of October 1928 on
giving due notice Of twelve months the other con
tracing party, to snnu and abrogats this conyen-
ton; and il shall, in such case, be accordingly
trely annuled and abrogaed, after the expiration
| Of the said term Of notice.
In his message at the beginning Of the present
session Of Congress, the President states the pur-
port Of these articles and reeounts the several efforts
/ made by our government 10 terminate by negoa-
on our conflicting claims with England in the Ore
| gon country and promising that "all attempts 10
compromise having failed, !" concludes: This notice
il would, IN my Judgment, be proper TO give and
recommen that provision be made by law for giving
il accordingly, and terminating, in this manner, the
convention Of the 9th Of August, 1871"
The first, and very grave matter for inquiry is
| whether the President properly invoke Con
gress aid him in giving this notice; and whether
the cooperation of the House-a branch Of the law
making power, and invested by the constitution
with no executive function ~hatever-ean he proper
y united with the President and the Senate in tn,
act Of giving this notice. Cannot the notice be gyer
without the concurrence Of the House lit can be
/ would not such an interference be without the scop,
i of It's powers'
4 The House had no agency in the formation o
this convention with England. IL is treaty with
| foreign government, that was made properly, ana
that could only be made by the President and tn,
Senate The sanction Of the House was never giver
H. nor was this necessary for It's full and complete
/ effect There are two modes by which this treaty
may be terminated. First, by declaration OF war
secondly, by giving the notice of twelve months,
l.. IL.
i currence of the House would be necessary con
sutuent and if the President had deemed thai III,
best, it would not only have been proper, but inds
pensable that he should ask the cooperation Of III,
| House. But what warrant has the House TO &C
in the other mode Of putting end TO this treaty
| The constitution more confers npon tany power
or agency, to terminate treaty than to make one,
cept only by declaration of which dissolves al
subsistng treaties. The provision for the notice is
part and essential part, Of this treaty. The act
giving the ice high discretionary power creates
not by the constitution but by the President in nego
tating, and by the Senate in ratifying treaty will
such provision. 1T is a treaty Of indefinite, bu
still of temporary continuance. The treaty-makn,
power might, at any time, with the consent o
Great Britain, modify il, as once has been done
! The same power may at any time put an end to Il
} and It's existence is but the operating continuou
r viii Of this power for tina, purpose. Its ierminaiio
may at any time be effected by the withdrawal o
The same will for its longer existence. The Hous
may be, and often is required TO exert appropriat
legislative powers in the execution of treaties; bu
this notice is not of that class Il has no prop
erty of legislative power Ii is executive in II
essence, il is, in system, Of the nature Of
: incident to, the treaty-makng power. II is hig
discretion pertaining not to internal affairs, bu
TO our relations with foreign government, create
by this treaty making power ITSELF resting with i
and depending upon it's will alone for the exercise
. Suppose the President, Of himself, had given thi
notice; would il have terminated the treaty. With
out deciding the grave problem Of the validity an
effect Of such notice, no will hardly doubt tbs
il he had communicated with the Senate in secrs
session upon this subject, and he, with the concur
renee of two-thirds Of that body, had given the nc
tee, it would have been done properly and consttu
!, tionally. ,.. ..rs.s Il. .s...... .s. q -,-
{ To give this notice rests properly, with the tres
] ty-making power. The maintenance of all our fol-
= egn intercourse pertains the President. He negc
tiaies treaties and submits them conhdenally to III
! Senate, which approves or rejects them. Secret an
confidential relations subsst between him and the Ser
nte such as he does not and cannot have with III
!. House. A proper judgment upon the question I
: this notice might depend upon full knowledge,
all its minuteness, of the existing diplomatic
d pondence, pending propositions, verbal or writer
J. and all the relations between our government an
- that Of England All This information the Pres
. uent might communicate under the seal of conf
\ dence and secrecy to the Senate; the House wou
e have no right 10 demand 1t of him, and it might
improper for him to impart it; if he did, the Hous
would be possessed of it subject to no invioabilit
z and yet secrecy might be very necessary. Suppos
too, the House should decide against the proprie,
!, of giving this notice, its judgment against that
!. the President and the Senate would effect aothin
4 practically. He and iwo-thrds of that body coul
e give the notice in defiance of the House; and wha
ever way it might act upon the subject, they coul
r consiituiionay disregard and override II is, the
deemed to be clearly established, that the House
moi par this nOtICe--tnat
might, in fact be given without consulting il, ar
against its expressed Judgment &
Ii is not denied, that the House might, in Il
form Of resolution express its opinion upon the sui
eci Of this notice, or any such public matter appe
, tanning to the general government; but these reso
tons would be merely abstract opinions, of /
I practical operation, and having no authority b.
a their moral weight. The House by its res'
: luton might declare that i was expedient or il
expedent 10 give this notice; and il, in the for
or The other, The President might, might not, gi
n heed to il But it has no power to originate, or