The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-07-08

Mr.. BANKS rep.l Of Mass, made the point Of order
that the amendment was not germane to the bill.
Mr.. BUTLER appealed from the decision OF the
Chair.
Mr.. AxTELL, (dem.) Of CAL, reminded the House
that the Pacific Ocean was the steam ocean OF the
world, not having the winds necessary for sailing
communication between the Atlantic and the Pacific
and q great ship canal across the lsthmus
was the greatest theatre OF American activity, and
The American people would then rejoice that they
had by purchase extlngnisned every other national
their commerce there, and that they had opened up
the means of holding and controlling, not only the
commerce OF North America, but Of all the world
Mr.. HIGBY (rep.) Of Cal, warned the House that
1t must assume the Responsibility Of saying, unless
passed this bill, that IT was better TO haEea war
with Russia than to ratfy this treaty All foreign
nations had right, under international law and
under the American constitution, to take the
word OF the President and Senate OF the United
States, ana were not supposed to come and
consult the House Of Representatives as to
whether i approved or treaty ,aSt in all
treaties where appropriations are necessary the
House OF Representatives. must be consulted. Mr.:
seward mad ignored that right, taking the ground
that the House had no business to discuss the ques
ton, and had taken possession Of Alaska under
mutual agreement with Baron Stoeckl in order to
place the nation in an apparently honorable neces
sity to pay the money He argued that the United
was dictated by her own interest. Her system OF
government was a despotsm and had no affinity
with popular government like that Of the United
States.
Mr.. RAUN commended that the principle governing
snch questions in the United States need differ
from the principle ruling In England, where the
treaty making power was In the CROWN and where
the Parliament was bound by the treaties made by
the crown. SO it was the law Of this country that a
treaty made by the President and Senate and within
the treaty making power controlled the people OF the
United States, Including the House OF Repre-
sentatives.
Mr.. WILLIAMS OF Pa denied that the crown was
the treaty making power in England, and asserted,
from the debates on the Jay treaty that the rule III
England is TO submit treaties to Parliament.
Mr.. BANKS denied that that was the rule or that
any such statement had been made in the debate on
the Jay treaty.
Mr.. WILLIAMS having procured copy of the can
nails OF Congress for 1895 and 1867 read eXtrac Il
from speech of Mr.. Gallan to justify the statement
ne had made.
show that the power Of making treaties resides in
the English Crown in its utmost penitude, and that
the interference Of the Parliament was simply tC
adapt the machinery Of the laws TO the new state OF
slider this treaty, entered into with all
the sanctions of the constitution he came
to the conclusion that honor and good faith
demanded that the treaty should be executed by the
United States in the spirit in which 1t was entered
into. If the House OF Representatives had the power
TO nullify treaty IL could only be by assuming the
Responsibility of war. He stood ready 10 carry out
the contract. He admitted, in reply to MI. Price
that Congress had the power not only to refuse tC
execute treaty, but had the power to abrogate trea
ties when made But Congress would do 50 on lt'
years Mexico would be forming three five or ter
States of the American Union
The committee rose at quarter before six tht
evening session having been dispensed with.
REMOVAL OF POLITICAL DISABILITIES
Mr.. boutwell,, from the Committee on Recon
struction, reported bill to remove disabilities from
certain persons, which was ordered to be printed
and reCommitted.
The House then adjourned.