The New York herald., 1871-03-28

IN this tie highest of iessason and he goes
concurrence Of TWO thres Of both houses STORY Com
ge me ne es @ Sss aso 5
can be declared only by OF both houses with the
viii o. The legislative sssen!Tsnn other words q
without Congress Both must concur here is ,ri
but @ ~ ,Sss e our S and
the President r.ter n rushing e the goal Of his desires
In harmony with the whole action is the apology
whoa insists that the President may do indirectly what no
by indreclons directions out in short that though
o she treaty % its
agans foresn interposton ,hDt is with he promise Of
Fsssdsa s ssas wAo tho
''fhe people OF the republic shall. in ths
shortest possible lime express in manner sS
for; States SHALL expression shall
lerpos.oa in order that the national expression may
free" SENATE Lx Doc No H. p 81 Foriyrst Congress-
Now nohins bc clearer than ha. this provision in,
gun until after the ,eson Of the treaiy Otherwise the
Ion indirectly % waat he cannot DO drscy aud thus
Justly cas a,s highest sovereign prerosatve" under tho
Here distinctive principle OF consltu
tho Sn As the W % to sS RI 70 u, IN w
treaty lodged ia the President with The concurrence OF
sv s
two-thrdB tue former safeguard
In England and ali other monarcuies al
the time The power was knsy prerosasyc
tuition requiring the participation OF the another
% o sow is% s ns er . no na
given to the esien to treaties aud alliances OF Ls
Of Insist ss essa
mIdsr me ns @ o a h ne
the President with the concurence Of twothrds OF the
concurrence Thus grounds OF authority. wea as OF
the powers without authority Congress void
and every employment OF these war powers In pursuance
he President were king with the k,ngly 2reroGaye
he haa done, but being only rrss,aen with the linnea
he me Y g. Do9s he 90 and ID
being s absoa ely without Psesden ras treaty
such assumption; did the treaty with Spain In 1919.
sr the Florida nor aa the treaty win Mexico in
va: assured nor did the treaty with Mesie. IN
nor nor did the treaty with Russia in 1857 for the
N of these treaties there such OF
be Ine % s ssy os ha
81 a ns . treaty sy the 81 The
been previously ob.sned" Statutes Larse, vhi p:
ao. The Florida treaty stipulated sx months after the
ibid 3 a5s But these sipuatios BY which on
iii alter the sxcaano o raacasons, were simply aceor'ns
to the dictate Of reason In harmony with the requirements
The case Of Texas had s,agesrs under an unrated
What done latter mad the concurrence
United States was cealea by ac OF Congress- plain con-
tradcon to the presen. case where the title Whatever
President alone. Here manifest dir erence be
Here Mr. Summer referred to the attempt OF President
s ana y0an NE s m sa se, tat to
treaty pcndlng senate
snH - ?"
paid homage hs principle when thai
he the terms q annexlon offered BY lhe United
part OF our country as to make o duty to AFFORD prosec
Twentieth Congress second session accordipgy no
IN a WITH % Be @
conditioned the acceptaGc. by Texas of
y
ThereIose according precedeD.s of history
enforced and authority does me assampsi. OF
performed II exhibit ii to the Senate.
Even admitting semblance
during the OF sne treaty ra all Of
impossible quarter unused to constitutional questions
serted the treaty by the State lad deceived the
President into that he tue ksy preroga
and wishing to dea most gently even with
long s he Secretary of state Of
wI that lhavs done aoihns 6u
Is es as back ws aa s
when enc the % s Ss s was
had passei INTO the limbo Of things los. on earth Here
no hs n1 e.
% snssps e gsy viii OF the prss
OF Boosna in muea admired statue cup.ured Mercury
asa as & On pun Oh air. rhe rresdent has not even
a ss s IL. with r.sy to &c Mares
being ,e expiration Of the periot Tor the exchanges
losO. which President In the order
Of the rejection was to him. while
way of further liking the President with this notice. refer
last answers that .urins the last session Of Con-
ns failed receive he reon. Of 1 the S e po
ate and them after denoancing the rejection as "fo hs
My suggestion that by Joint resolution Of the two
Domingo for the acquisition island ap.
preparation be made defray the commits
sion The question may then be determined either by the
Le two house. sf annsSason
as % in the case Sc Of the acquisition Of II Texas IA,
after the ron Ta' hs asks
H asa
poses BY joint resolution Of Congress- And
yet during this intermediate period when there
has proceeding slips have been
port has continued TO Baez;
q and wos s nss Al. Sss from
missed out of sight ike discharged soldier.
belgeIent ,nerseniion,' added things YOU
OF ns ou g.
became bis DO " guard an omnpresent upholder. leave
mindng only President is entitled
constitution OF our country.
Mr. President as 4 draw to ose ALLOW me to repeat th:
gladly would avoid IT. Controversy especially at my time
of LIE, has attraction tor but have been reared
school Of duty and, of old wrong
without trying arrest IT, plead now, have often
pleaded before for justice and peace
In the evidence adduced confined myself carefully
TO public documents travelling of the record De
spatches, naval orders rep0rsthese the unim
peacnahie authorities And all these have been officially
communicated the Senate printed by its order
accessible to ALL On this unanswerble and cumulative
tm0ny, where each confirms the and the whole
the harmony Of truth, present this And
here It Is not who speak, but the testimony
Thus stands the International law has been violated
IN two OF its commanding rules one securing the equality Of
venton while distinctive fundamental principle of the
constitution by which the President is deprived Of kngy
prerogatye dsregarded and this kngy prerogatve
is asserted By the President This the simplest statement
On another occasion showed how these wrongful pro-
ceedngs had been sustained by the President beyond all
example, but In corresponding spirit Never before
has there been such Presidential Intervention in
the Senate as we have been constrained 70 witness
Presidential visits TO the Capitol, with appeals to Sena-
have been followed by assemblies At the executive
nsion also with appeals to Senaiers and who can mea