The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-07-04

respected II would be very empty right If this result
did not follow To consult and then act in violation or
disregard Of advice is very in ordinary inter
course but this find place in any governmental
rangemen The result of al this may, then be thus sta
ted That the greatest number Of our treaties involve some
OF the powers which the constitution has conferred upon
Congress In all such il is the duty Of the President
first TO consult the House Of Representatives that in
the House disagree TO the proposed treaty shall not be
made though the President and every member OF the Sen
ate be IA favor of IL Let any plain compare this
with the provision Of the constitution conferrng the power
70 make treaties the President with the concurrence OF
wohirds ef the Senate snd say NOT justified IN
asserting that the claim Of power now made IS novel and
startling.
Among the propositions upon this subject which were
presented in the federal convention the in
effect eoniended for by the gentleman from Missouri
IL proposed that the House OF Representatives should
be Joined with the President and Senate ia the making Of
treaties. Doubtless if the gentleman had been member
Of that body with hs present opinions he would have sus
tanned the proposition But us il s sir feeble We're the
reasons which sustained the proposition that II was voted
down by ten States TO one ] do not believe Mr. Chair
that if the gentleman would isolate his claim as
destand him to it. it would receive greater
support here than did the proposition referred to IN The
federal convention.
The relation which this House bears to the yaking
power discussed two memorable occasionsin 1896
and again in 1916 The debate engaged the highest intel
ect Of the House both occasions and conducted
with great ability In the first OF these the British
treaty the House determined they had right 10 call
the papers connected with it. In to this General
Washington sent in message denying the right OF the
House, and refusing the papers In the other case the
make revenue laws conform the treaty stpuiaons
whether the treaty itself operated proprio rgos
Now in both Of these cases in the before pow
conferred upon Congress involved the treaties.
Yet in the wide and extended field Of debate look in
vain to the arguments Of the ultra opponents Of those
measures for the suggestion that il the right Of the
House be consulted and that the omission Sin
vason of their privilege" This sir is revelation
served for iday and generation do not propose
60 into the general debate of this most delicate and in
ricae subject OF constitutional law but rather confne
| IL
self do not consider it necessary to determine how far
General Washington justified in his refusal 10
ncate the information which sought for by the House
whether in the latter it not proper that bill
should be passed BY Congress so modifying It's pr~''
legislation as to make il conform TO the tr."
oi an te @ uelee 1s s ~ questions arise There is
% ~ Deioi asking for information and the
pm no" consideration is introduced 10 procure such
acuon OF Congress 1876 considered necessary
IN ne disagreement between the two houses which
RED IN 1916 10 the necessity for such measure the com
mttee OF conference in their report to the House say:
The committee less satisfied it BY no means
the intention OF the Senate to assert the treaty makiE
TO be in al independent of the legislative author
y Sc far frm it, that they oeered to acknowledge
the necessity Legislative into execution
all treaties which contain stpulaon requiring appropra
ton which might bind the nation lay taxes, 10 raise
armies, to support navies grant subsidies create
States cede territory indeed this power exists in
the government at all In some all of these cases. and
probably in Others it is conceived be admitted that
the Legislative body must act in order give effect
alton to treaty and if any it be necessary mas
confidently be asserted that there difference pruoe
between the heuses the difference only the application
Of the principle.
The committee therefore, believe IL safer In erery
donita es % egste, and, by the joint the whole
Congress- give authority the execution of the stipua
ons of treaty by The Executive than TO leave doubtful
without the sanction of the legislature tempt the ex
ecutve to oveIleap its proper bounds naangr nc p
e as ty ailure perform ropisioas of treaty ich
has reeesred cons,itstionai ratification"
There to much good sense and sound reason
ing in the report If for instance Jay reaty there
stipulation goods imported from Canada in con-
ie yeryp iieut
that the treaty stipulation should override the Of Com
gress and il would he uoniormabe 10 legislative
olnnoas trft the same power which enacted the law
should modify repeal rather than this effect should be
produced by the treaty itself But has been already
stated this outside and beyond the question pre-
sented for consideration for far from insisting that
execution of the treaty itself appropates the sp-
lated TO be paid the message of the President accompany
ing the treaty which he has transmitted to the House tells
o be enabled comply the stipulation according to
the terms Of the treaty relative the payments therein
toned it win be necessary that Congress should ap
and also the further sum Of 81 900 to be pai when the
boundaries shall be established therefore respectfully
utire."
The bin before is in conformity the pIin-
ciples laid down in the report of 1916.
But il Is said sir that this House is called upon to act
then is entitled its independent judgment
the propreiy expediency Of the measure and entitled
exercise the same discretion in acts of ordinary egs
ation And if in their opinion the treaty should have
been made If made should have contained other
that the TO be paid too nuchtha the land ac-
qured too ttetha the securities given received
too large too nsecureor for any other objections
which might have beer made had the measure been nita-
ted by the House hat they authorized defeat
the bill, and thus to peto the treaty.
il very clear Mr. Chairman that the discretion Of Com
Eess unlimited particular and that the di-
recon of the mode by which the fund is to be raised
They may order the TO be paid out Of funds in the
treasury that be raised by taxation that may be
procured by loan But how far they justified in
usng to vote the money at all is the question which
confess is not altogether free from difficulty
Ii does follow that because duty is assigned TO
Congress that they therefore posses unlimited discretion
the subject For example il provided by the
sttutoD That the president shall at stated times receive
for bis services compensation which shall neither be in
creased nor diminished during the period for which he shall
have been elected Now the payment of this compensa-
ton Ike the appropriation for this treaty be drawn
from the treasury by of Congress Yet il will
scarcely be coutende hai Congress may exercise
limited discretion whether they viii pass the necessary bill
! for the fulhmeni of this constitutional obligation
In my opinion, sir, the President and Senate are by
the constitution fully authorized 70 enter into treaties
wheneyf tue aia Of Congress Is required carry its
provisions il tine treaty be within constitutional limits free
from fraud and not destructive Of any of the great rights
interests of the country then there is a moral obligation
TO grant the ad required Am be told that when a
treaty before this does we are 10 proceed
in discussion and examination Of il as an aei Of ordi-
nary Legislation such construction Of the powers Of
Congress would in effect repeal ear constitutional lrn-
vision and pullfy ba whole power OF this government in
! sls intercourse with foreign nations
What power think you, Mr. Chairman would enter into
n treaty involving often the delicate considerations
IT. after stpulaons had been naurely considered agreed
upon and written down they 70 be submitted 10 The
unlimited discretion of two hundred and thirty gentle
men, composing the bousa of Representatives. The total
untness of this body for the performance OF such duty
was 80 strongly Impressed upon the minds of those wise