, 1870-07-16

consists of ninety-nine vessels, four O,
which Are iron-clads, mounting, in all, Gsi
guns. Thirty-two heavy war vessels, o,
which eleven are iron-clads of the larpesi
size, are in course of construction, but arf
not contracted to be finished until 1877
The superiority of France over Prussia i,
numbers ia, probably, offset by the advan
tage Prussia VIII sustain in fighting on thu
defensive. Should Russ:a come promptl,
10 the aid of Prussia, her position would be
'"pregnAble. In tho event of Aus.
u1a joining France Ia tho fight. il
Will be a struggle between Southern Catho-
lie Europe on the one side, and Protestant
and Greek Europe on the ether.
l.
TIE INDIAN APPROPRIATION BILL.
| The controversy between the House of
Representatives and the Senate upon the
4ndian Appropriation bill involves ques-
t'on which is as old as the government, and
which should be definitely and authorita-
lively determined by law of the United
States.
IhH Senate claims that, when treaty has
bean ratified by that body, any money stip-
ulated to be paid by that treaty becomes
national debt which Congress cannot re-
fuse to appropriate. In other words, that
the President and the Senate may, by
treaty, incur debts, and create obligations
calling for expenditures Of public money;
and that Congress cannot refuse to make
the appropriation necessary to carry this
into effect. This claim Cd the part Of the
Senate and President has ALWAYS bean
resisted by the House OF Represeata-
tives, which body insists that the
Legislative power Of the United States is
vested IN the Congress, and that neither
branch can be deprived OF its power over
Legislation; that to create a national debt,
OF charge upon the Treasury, is an act of
legislation requiring the assent of both
houses Of Congress in the form Of law.
Consequently, the House has claimed the
right to vote, or refnse to vote, money
called for by treaties- The latest case Of
this kind Was in the purchase of Alaska,
when the House refused, for two sessions, to
concur in the appropriation called for by
the treaty with Russia. Finally, induced
thereto by the strong national friendship
for Russia, the House made the app1op,ia-
t1on, Russia having, from time to time,
consented to an extension of the date
Of payment The question now
comes up again on the appro-
priation Of money to carry into effect the
conditions and terms of numerous treaties
with the Indians. The Senate, in this
case, not only persists in it's claim to con-
trol the national revenues by treaty, but
it insists upon perpetuating the miserable
faree of recognizing the several Indian
tribes as foreign nations, and dealing with
hs1u through the forms of solemn trsaties.
To us the matter seems not only very
plain one, but that the position of the
House as sustained by all the authorities
The constitution declares that the Presi-
dent
= !" Shall have power, By aud with the advice and
consent Of the Senate, to make treaties, provided
two-tntrds OF the Senators present concur"
The exclusive power to make
treatiesis conceded, but -is the
power over the subject-matter of
the treaty unlimited? Can the President
and the Senate, By treaty with a foreign
power, override the constitutional powers
of Congress, or any of the States, OF of the
government as whole? h1r. Jefferson, in
his Manual, says that to what subjects this
power extends has not been defined by the
constitution. He says:
1. It must concern the foreign ma
ton, &c
"2. By the general power to make hea-
f1co fhn ,+v,$fo hc- s-A. L.
comprehend only those subjects which are
usually regulated by treaty, and cannot
otherwise he regulated
g. It must have been meant to except
out of these the rights reserved to the
States; for, surely, the President and Sen
ate cannot do by treaty what the whole
government is interdicted from doing in
any way. -.
"4. And also to except those subjects of |
Legislation in which it gave q participation
TO the House Of Representatives. This
last exception is denied by some, On thu
ground that it would leave very little for
the treaty po~er to work on. The less the
better, say others, Besidea ne
the negotiations are carried on by the Ere,
cutive alone, the subjecting to the rati-
dcation of the Representatives such articles
rs are within their participation, is no moro
announcement than to the Senate"
This question came up during Washing
toms administration, When the Senate rati-
fed Jay's treaty with Great Britain. That
treaty required an appropriation of money,
which the House refused The discussion
attracted the attention of the whole coun-
try. Mr.. Jefferson wrote several letters on
the subject, in which he denied the power
of the President and the Senate to require
Congress, as whole, to perform any legis-
latlre act in their discretion. Among the |
leading men opposing this claim Of an un-
limited power to bind the country by
treaty was Mr.. Madison, then member of
the House. His argument was:
4sThe word treaty is not used In The con.
stitutton in an unrestricted sense. II the treaty
power eau perform one act Tor which the au-
zion, 1t can perform every such act II the Pres-
dent A4d Senate can, b. treaty, regulate trade,
they can also declare Tar, ralse armies, levy taxes
can De drawn. 81 treaty Of alliance with na-
ton at wa1, they may make the United States
party to the war, Ellpu1ate subsidies, borrow
money to pay them, furnish troops to be trans
ported to Europe, or ASIA and maintain staad-
ing army. The specific powers conferred upon
these powers exercised By the President and
Senate will be subject to no such restrictions. |
The limitations Of military appropriations TO two
Senate could pledge them to tour, dc.n
President Washington sent special
message to Congress, in which he insisted
that the treaty having been made, Congress
had no discretion in the matter but to vote
the money. But the House Of Representa-
tives, SO earnestly did they regard this
question, resolved, even against the ap-
peal Of Washington, by q vote of 57 to
IS, rs follows:
section Of the second article of. the constitution
.nat me PRESIDENT shall have power, By and with |
tne aaslce and consent Of the Sentte, to make
En-! concn1, the House Of Representative do not
c4aim any agency in making treaties: but that
n's gaSS snpu'atss ~ regqa,ons ay Of the
81 Co3Tess II must depend for is execution a.
to snch sttpulations on law or laws to be psssed
and duty Of the House OF Kepresentafiyes. IN ~
snch Eases, to deliberate on the expediency or IN.
expctency Of earring each treatJ Into eject, and
may be most conducive to the public good"
This resolution, adopted in the early
days of the republic, Mr. Madison, the
leading author of the constitution, advo-
eating and voting for it, has never been re-
vetsed by any subsequent House. When,
some time after, the necessary appropraa-
tions for the treaty were made, this resolu-
ton, as embodyine tbs judgment of the