New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-01-08
sorice to Grea, Bri.ain-Report of the

terminating the Joint Occupation OF oregon
The Minority Of re Committee Foreign A1ait' asz
leave report That the third article OF the
between the United States and Great Britain oil Oc
Der 1915 provides that any country that raa! os c.a
cd by either party the Northwest coast oil Atnel.c
westward ofhe stony Mountains shall, oeetner Wiz
is nar1ors bars, alc creeks and the navg9toh o. 81
rivers within the same, De nee anc open ioi He &c. - -
ten years from the date Of the signature OF ihe
convention 10 the vessels citizens and SUBJECTS u 1ne
t7.o Powers. &c.
The convention between the same parties OF august;
1927 the first article STIMULATES AL the provisions
o: he third article Of The convention concluded oeteen
tie United safes OF America snd bis Nnssy Inc A.Hs
OF the United Kingdom Of Great Britain slc 4Su OF
20i Of October Isle shall De and ihey lle etey!
farther indefinitely extended and contih9s - .os -
the manner as II all the provisions OF le seu d
Gle were herein specifically reclied.
The second article OF the latter conTeutl+n provinces
Il shall be competent however 20 eiaer OF tue con-
tracing parties case ehe- should think NJ Al any
aise- the 2O;h Of OCTOBER is on giving aus notice
OF twelve months 10 the other contracting 9aiJ 10 al,
ru and aorogate This convention and II shA+ ~ suca
accordingly be entirely arnu!ed and aologatea d.
ter the expiration OF ;he said term OF notice
In his message al the beginning OF tie pfeseu' session
OF Congress the President the purpoT OF 'ose
articles. and the several efforts made % our
Government TO terminate By negotiation our cohL.cIDs
claims with Il gland in TIE Oregon country ahu'
ing that all attempts 10 compromise having laeu CUE
Guides this notice i would n my judgment DC OPes
give; and recommend that provision De haue, oy
law, Tor giving accordingly and terminating IN ,'s
nHENtT TIC CONVENTION OF tIt tlstL VI E1-se77
The first and very grave matter orinquiry Is whstner
;e President properly invoke Congress 10 aic MN
in giving thls notice and whether the cooperation Of the
House, branch OF the .gw-akns power GU INV es'eu
By the Constitution with Executive iGrcuons what,
eyer, can be properly united with the ffesIuenI ana
Senate in the sctoi giving this notice Canhoi ne n0ce
be gwen without the concurrence o, the house II
can be, would such interference be without the
scope OF its powers
The House had no agency in the formation OF this
Convention with England. Its treaty WITH oreiSn
and that could OllT
De made by the President and the Senate Inc Sanction
OF the House given TO H. nor was THIS Heces
sary for lis fully aud complete eject mere are TWO
modes BY which this treaty nay be terminated III y!
declaration OF secondly, by giving the houce OF
twelve months according its stipulation IN the hrst
node the concurrence Of the House would De neces-
sary constituent aud the President mad deemed tnat
the best, would only have been proper, but ndis-
pensabe, that re should ask the cooperation VI Inc
House But what warrant has the House 10 act IN the
other mode OF putting HI end 70 this treaty Inc Con
silution couiers upon il any power OF agency
terminate treaty than 10 make one, except only oy
declaration OF war which dissolye all existing treaties
The provision for the notice Is part ana an essenss
part this treaty The act OF GIVING thls NOTICE IS isH
Discretionary power created not by the Constitution out
by the President negotiating and oy the senate In
ratfying d treaty with SUCH provision.
II is treaty ofindehnite but si! OF temporary, con-
tinuarce. ns treaty making power might al any time
with the OF Grea, Britain, modify IT, as once mas
been done. The power may at any time put an end
TO it, and its existence Is but the operating continuous
al any be effected by the withdrawal OF the same
will tor its longer existence. The House may and often
required 10 exert appropriate legislative po"ers N e
execution OF treaties but this notice IS not one oil tnat
class IL has property OF legislative power IL Is
executive in lis essence, il is IN our system oi the
Of and incident TO the treaty making power; II
high discretion pertaining not 10 our internal al
fairs, but 10 relations with foreign Government
created by this treaty making power ITSELF resting win
it. and depending upon its will alone Tor the exercise
suppose the President othimse had given this notice
would it have terminated the treaty Without deciding
the problem OF the validity and erect OF such no
tice Will hardly doubt that il he had communlca-
ted with The Senate in session upon this subject
and he with the of wosrds OF that oooy
mad given the notice il would have been done properly
and ccEsr.utioEaly
To give this notice rests properly with the treaty
making power The maintenance OF all our foreign IN
tercoure pertains the President lie negotates trea-
ties, and submits them conideptiay to the Senate,
which approves or rejects them Secret and conhden-
tia relations subsst between him and the Senate such
as be does not and cannot have with the House.
proper judgment upon question OF this nature might De-
pend upon full knOWe in all its minuteness, OF the
existing diplomatic spondence, pending propositions,
verbal OF written and all The relations between our Gov
eminent tha: OF England All this information the
President might communicate under the seal OF conn,
dence and secre5y, to the senate the House Wou!u
have right 10 demand it OF him. and 1t might be i'm;
proper for him impart il he did the House would
be possessed Oft subject to nvolab!ity and yet Sc
cresy might be very necessary Suppose too tue House
should decide the p!oprety oil giving ths NOTICE.
Judgment against that OF the President and the Senate
would effect nothing practically be and twothlrds oil
that body cou give the notice in defiance OF the House
and whatever way il mi ht act upon the SUBJECT they
would cons:tutonally disregard and overru!e 1t u.s.
;hen deemed TO be clearly established hat the House Is
necessary party give this notice that 1t mgat
in fact be given without consulting It and against us ez'
pressed judgment
Ii is not denied that the House might in the form OF
resolution express lis opinion upon the subject OF this
notice or any such public matter appertainins to the
General Government; bat then the resolutions would
be merely abstract opinions OF no practical operanSn,
and having authority but their moral weight. Inc
House by resolution might declare that 1t was eXpe
deni ineXpedient TO give this notice ana II IN the
one form the other, the President might or might not
give heed 10 H. Bat II had no power to originate or 10
concur d Legislative proceeding whether In the form
OF join; resolution or bill 10 authorize THIS noce TO De
given II neither gre nor 'oHhtod power TO that emo
Il conceded that the concurrence OF the House IN
resolution or bill authorizing this notice would not IN any
degree affect its validity But its adoption oy tne TWO
departments OF Government in the form Oh aiegssVe
proceeding. would transfer II from the treaty making 70
the law making power and IN this noce Tue neceth'
question: whether the OF twothrds Oh the senate
would De necessary, might be evsded Il "ouio arc
tend 10 break down ta2 partition oil our uoNelDt4eu'
among various branches, by mixing up the House III al
operation which the Constitution had entrusted 10 onef
tuuctionsries. And why should the House, oy viola
ton all propriety in FORM and without aD? eHecuNe
authority over the subject make tseIi party 10 'His
proceeding! IL the notice be eXped!en and proper
has become without its IL Is rendered 60 U! inc
refusal OF President arutrae the controversy anu
by his closing further negotiation. lne5e were us w.
acts about which this House mad CONSTITUTIONAL shto
interfere The President asked NO. its advice or interpo
si;on in them. Whether they be proper not he alone
competent. their performance, and he one ousnt
be held responsible but if the House thus rreguary
unites iu authorizing the notice it voluntarily assumes
and divides this responsibility with the President tine
House distrusted the President in this matter II might
pass lnonitory resolution operating morally TO quicken
or restrain his action But is his business not thai OF
the House In the present state OF the question: Without
expressing opinion whether the notice ought or ous
no; to be given and the solution OF that question Is
constitutionay for him, for him acting with the sen
ate, the House ought 10 be content TO leave MIN 10 AIS
proper judgment discretion and responsibility mere
FORE
Resolved, That the question whether notice to Ter
inmate the Convention between the United states Oh
America and Great Britain OF October, lcIs ana cont
ued in force By the Convention of August lo ought 70
be given is for the decision oil congress
ard upon this House for the present reirans rom tne
expression OF any opinion GARRkiI DArnS'
TRUMAN SMITH.
CALEB 3. SMITH.
Posr-OFrI FRAUps-A Circular from the Post
General Deputy Posmasters appears IN Inc
Union which is stated thai information las been re-
Gently iurnishedthe Department from Official as WEI! as
other that various devices dsiy resored TO-
evede even the present low rates OF postage oy an