Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1846-01-10

IN THE, FoUsE>oE REPRENTEsATIvEs.

him an opportunity Of doing So moved suspension Of the
rules prescribing the order of business
The question being put the rules suspended and
Mr. INGERsoLL reported the resolution which read,
as follows:
esoued By the Senate and House Of Representatives Of e
Tinted States Of Ierica IN Congress assembled That the
President the States forthwith notice 10 be given
10 the Great Britain that the convention between
tho United States and Great Britain concerning the territory Of
Oregon of the 9th of August, 1897, signed at London.
Mr. c. j. ISsERsoLL submitted to be added to the resou-
| ton by way OF amendment the following
Shall be annuled abrogated at the expiration OF the
Of twelve months from and after said notice shall be
given conomaby 10 the second article OF the said convention
of the 9th of August 1877"
The CLERK suggested that the resolution was not in the
usual form Of joint resolutions.
Mr.. INGERSOLL inquired in what the difference consisted
The CLERK II reads Resolved if the Senate concur
The usual form IS Resolved by the Senate and House of
Representatives" &c.
Mr.. NGERsOLL said he thought it would do very well
if the Senate concur, that enough.
The CLERK however, by consent, conorned the resolu-
ton to the usual formula.
Mr.. INGERSOLL then said he instructed by the Com
mee Foreign Affairs that the resolution be
med the Committee of the Whole on the state Of the
lnon and made the special order Of the day for the first
Monday in February
Voices Oh so long to morrow to-day-imme-
diately !"
Mr.. GARRETT DAVIS here asked leave to make re-
port from the minority of the committee on this subject which
he said he instructed offer substitute the
luton reported by the majority of the committee and,
Short he hoped he should he INDUCED in reading it.
The resolution having been reported without title, the
Clerk gave title, Resolution for giving notice Great
Britain the termination of the Joint occupation of Oregon
Mr.. INGERSOLL. Oh, no; not joint occupation. There
nothing about JOINT occupation in the resolution. Strike
that out fast you and to annu and abrogae
the convention between the United States and Great Britain
Mr. DAVIS then submitted the report of the Minority of
the Committee Foreign Affairs, which he read himself
from the Clerks table. 1t is follows:
REPORT OF THE MINORITY.
The Minority Of the Committee on Foreign Affairs ask
leave report That the third article of the convention be-
the United States and Great Britain October
provides that any country that may claimed by either party
the northwest coast of America westward Of the Stony
Mountains, SHALL together with its habo bays and creeks
and the navigation of all within the same be free and
open for the term often years from the date of the signature of
the present convention the vessels citizens and subjects of
the two Powers, &c.
The convention between the parties of August 1927
in its first article STIMULATES A the provisions Of the third
article Of the convention concluded between the United States
of America and his Majesty the King of the United Kingdom
OF Great Britain and Ireland, the 10th of October 1875
shall be and they hereby further indefinitely extended
and continued in force in the if all the pro-
visions of the said article herein specifically rected"
The second article of the latter convention provides II
shall be competent however, either of the contracting
parties in either should think fit any time after the
Goth of October, 1885, giving due notice of twelve
months to the other contracting party annul and abogae
this convention; and it SHALL in such case, accordingly
be entirely annued and abrogatad after the expiration
said term of notice"
In his message the beginning of the present session
Congress- the President the pupot of those articles
and recouns the several efforts made by Government to
terminate by negotiation conflicting claims with England
the Oregon country and promising that all attempts to
compromise having failed concludes, this notice would
in my judgment, be proper to give and recommend that
provision be made, by law tor giving accordingly, and
terminating in this the convention Of the sixth of
August, 1877" The first, and very grave matter for
inquiry is whether the President can properly invoke Con-
gress aid him in giving this notice and whether the CO.
operation of the House, branch Of the law-makng power
and invested by the Constitution with executive functions
whatever, be properly united with the President and
Senate in the act of giving this notice Cannot the notice
be given without the Of the House If
be- would such interference be without the scope of its
powers
The House had agency the formation OF this
with England II treaty with foreign Government
that made properly and that could only be made by the
President and the Senate The sanction of the House
given to it, this necessary for its full and
plete effect There two modes by which this may
he terminated first, by declaration Of war secondly by
giving the notice Of twelve months according Its stipulation
In the first mode the Of the House would be
necessary constituents and if the President had deemed that
the best woud not only have been proper but Indispensable
that he should ask the cooperation Of the House But what
has the House in the other mode of putting an
end to this treaty The Constitution no confers upon
power agency TO terminate treaty than make
except only by declaration Of war, which dsoes all existing
treaties The provision for the notice part and essen
a part of this treaty The Of giving this notice is high
discretionary power, created by the Constitution but by
the President in negotiating, and by the Senate in rayng
| a treaty with such provision.
II is treaty of indefinite but still Of temporary connu
The treaty making power might any time, with the
consent of Great Britain, modify it. has been done
The power may any time put end to it and its
existence but the operating continuous will Of this power
for that purpose. Its termination may at any time be effect
ed by the withdrawal of the will for Its longer existence
The House may, and often is required appropriate
legislative powers the execution Of treaties but this notice
not OF that class II has property Of Legislative
power II is executive its essence, it is in system
OF the nature Of and incident the making power il
Is high discretion pertaining internal affairs but
TO relations with foreign Government created by this
treaty making power ITSELF resting with it, and depending
upon its will alone for the Suppose the President
of himself had given this notice. would have terminated the
treaty Without deciding the grave problem of the validity
and effect Of such notice. will hardly doubt that if he
had communicated with the Senate session upon this
subject and he with the of twohirds Of that
body had given the notice. would have been done properly
| and constituionaly.
To give this notice rests properly with the treaymaking
power. The maintenance Of all foreign intercourse per-
ans to the President He negoaes treaties, and submits
them confdenay to the Senate, which approves rejects
them Secret and confidential relations subsist between him
and the Senate such he does and have with
the House. proper judgment upon a question Of this
might depend upon full knowledge m all its minute
ness Of the existing diplomatic correspondence pending pro-
positions, verbal written, and all the relations between
Government and that Of England All this information the
President might communicate, under the seal Of confidence
and ecresy, the Senate the House would have right
to demand of him. and might be improper for him to inn
part if he did, the House would be possessed Of subject
Il -.