New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-05-27
FIGHTING THE TREATY.

FIGHTING THE TREATY.
There are many indications that the Demo-
cratic opposition to the Treaty, expressed so
decidedly in the final vote on ratification, is to
be carried into the House of Representatives,
with the hope of making it rallying cry
during the next campaign. The old question
of the right of the popular branch of Congress
to participate in the negotiation of any con-
vention that involves the expenditure of money
has been promptly revived. 1t has been de-
bated from time to time ever since the forma-
ton of the Government. 1t was asserted by
the House, in opposition to the decided opinion
of President Washington, when debate arose
touching the appropriations to carry out the
Jay Treaty of 1894. Washington cOntended, in
his special message, that Treaty cOnstitu-
tiOnally made by the President, by and with
"the advice and consent of the Senate" was
the supreme law of the land, and the House
of Representatives had no right of interference.
The dispute was long and acrimonious and
the legislation necessary to give effect to the
Treaty was carried by a majority of only three
votes.
The question has several times arisen in
subsequent years. No longer ago than last
month Mr.. Beck of Kentucky introduced
resolution declaring that "when treaty stip-
"ulatcs regulations on any subjects submitted
"by the Constitution to the power of Congress,
ait must depend for its execution as to such
"stipulatiOns on law or laws to be passed
"by Congress- and it is the constitutional right
"and duty of the House of Representatives in
"ail such cases to deliberate on the expedi-
"a &C oh w
"intO eifect.n This resolution was adopted
unanimously The power TO make appro-
priatiOns is reserved by the Conshtu-
ton to the House of Representatives, and
we are consequently to understand that In
treaties involving the payment of money the
House claims, to all intents and purposes, an
equal voice with the Senate in ratifying or re-
iecting. There are two provisions of the British
Treaty upon which the discussion of this point
may arise-namely, the settlement of English
claims against the United States, and the adj
iustment of the Fisheries question. Both Will
call for an appropriation of money; and 1t Is
evident that the Democracy, or at least one
wing of them, purpose a strenuous opposition In
the next session of the House, in the hope of
catching votes by an appeal to vulgar preju-
IL
Some apprehension is expressed lest the
President should seek to avoid this dispute
by issuing bonds for the amount required
under the Treaty, without any reference to
the House. The question of his power to do
this has already been raised In 1866 Treaty
was made with the Choctaw Indians pledging
the United States to pay them S25O,OOO in
bonds. The House not being disposed to
grant the money, Secretary Boutwell, trans
mtted to the Senate last Winter an opinion
of Attorney General Alderman to the effect
that the President had power to issue bonds
to the Choctaws by virtue of the treaty
making power. can engagement to pay
money" he said, I" is certainly within the
province of the treaty making power, and
cannot perceive that such an engagement Is
carried beyond that province by the cir
cumstance that it provides for issuing
through the agency of particular officer
can obligation to pay money at particular
time; for such, in effect, is a bond" This
communication was referred to the Commit
tee on Indian Affairs, who reported it back
with their concurrence and the report was
agreed to. Secretary Boutwell,, however, pru-
IDENTIFY refused to act upon the authority thus
declared 10 DClOuS 10 tlc LAtCullNc DIduCH vi
the Government, and the ChOctaws still wait
for their money.
Here is evidently involved a constitutional
question of the very highest importance and
of considerable difficulty. We think it I'M
necessary to raise it, however in the present
case first because there Is no reason what
ever to suppose that the President means to
exert any doubtful powers or attempt to carry
out the Treaty In any ether than the usual
way; and secondly, because there is no reason
to believe that the opposition in the House of
Representatives will be more formidable than
it was in the Senate. Thanks to the course of
The TRIBUNE in getting the Treaty and print
ing it, in accordance with the Presidents known
desire, the people understand its provisions,
and have already given it ratification which
the House ought promptly to record. The
popular sentiment is strongly in favor of it,
In all essential particulars it is believed to be
Just and honorable to both sides; and when
the House of Representatives is asked to vote
whatever sums may be necessary for carrying
it into effect, we have no fear of q refusal
If the Democrats choose to go to the country
Oh this issue, we shall ask nothing better.
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THE CHICAGO ASSEMBLY,