New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-12-22

cases the Executive OF the United States execute tho
stlpuatons of treaty without provision by act of Con
gross In some instances this has done general
Executive duty when the treaty itself pointed out no
particular mode Of execution THIS was the course tahe
in the case of Thomas Nash, otherwise called Jona"
Robbins who delivered up by the direction OF frc'
dent Adams to the British authorities, in execution "
the treaty with Great Britain IA 1874 An attemp, 10
bring the censure OF Congress upon the PrcSuons w.
act was encountered by an argument rom
Marshall, then representative hoi" '.e ,h
cOnclusivcly established the power 1" o -,
President has acted when the Inone VI "'''' ~
ont in the treaty - -. .. = -o
In the treaty OF Washington OF 1872 'ne'o "" ~
vision for extraditicn Of Criminals
r 10 any legislation for carrying out TINS provision
- le trcaty II was executed by officers OF the Uhlieu
s,tcs In lsI5 James Buchanan, Secretary OF STATE
,d warrant FOR the arrest Of certain persons, sub
iecs Of Great Britain who were charged with crime
committed under British jurisdiction and against BrtiSh
laws and il was decided by Mr.. Justice Woodbury., upon
the return to Of habeas corpus, that the warrant
and the arrest were legal.--p Woodbury. and Mih'tS
Rep, p. G6.l
The learned Justice remarks, at is here only on the
ground that the act done is chiefly ministerial ana
the detail, full In the treaty. that no act OF Congress
seems TO me necessary" Qbid p. 7i) Acknowledgement
Nelson in discussing this treaty, remarks: 1T mas
been made under the authority OF the United STATES anu
II prescribed, by its own terms. the manner mode
and authority i'm and by which ii shall be executed III
has left nothing be supplied by legislative authority
but has indicated suitable and efficient Tor the ac
compshment Of its object It needs sanctions other
or different from those inherent in its own stpuations
and REQUIRES no aid from Congress Surely it cannot be
necessary 10 invoke the legislative authority to give it
validity by its reGnactment OpniOnsp 2C9). This Ian
guage may be fifty applied 70 the treaty with the Chloe
taws.
lam aware Of the distinction which has been taken be-
tween such treaties as do aud such do not import
contract and of the current notion that, in the former
case Congress- must act before the treaty can he exc
cuted But the practice of the Government III exradi-
ton treaties and In other sorts Of international cove
napts has been at variance with this notion.
If the Executive may consttutOnaly execute treaty
for delivering persons foreign jurisdiction 1t may well
feel authorized Ivy the Constitution to execute treaty
that STIMULATES for the less important matter of issuing
bonds.
According TO article section Of the Constitution, as
construed by the practice Of the Government an act oil
Congress is necessary to appropriate money to pay the
Public Debt however created. The change vi the form
of the debt from general stipulation III the treaty 10
bonds with particular Visions docs not keaway that
| necessity.
The time FOR the exercise of whatever power Congress
has over the subject will when provision iOr lhc
| payment Of the bonds il to be made
Waving all discussion Of the deSirahencss on grounds
Of expedicncy, OF immediate authority rom'Congress'
and responding to your question according TO my uds
meut of the law OF the case, Of opinion that you
| NAV lawfully issue the bonds to the ChOctaws.~
| Very respectfully, your obd't serv't,
| A. T. AKERNAN, Attorney General.