The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-26
Has the House of Representa-
tives Any Share of It?
A supposed Scheme for Watering
the National Debt.
How the Supreme Court Nipped
It In the Bud.

during the absence OF the House; for n must be
borne In mind that though the Senate may ratfy In
special secret session the treaty cannot be executed
unless the House also ratifes It.
| Near the close OF the last session the House. by
unanimous vore decided to ofncially notify the
President and Senate that the House would not con-
slider itself bound TO appropriate money carry out
treaty stipulation unless the assent or mat body
| should be previously given 10 the treaty.
! On Thursday, the 18th OF last month, Mr.. Repre-
sentative Beck, OF Kentucky, introduced the follow
ing resolution In the House. which was adopted by
q unanimous vote:-
Resolved That being declared BY the
have power by and with the consent OF tho
claim :.y agency
sasoaon as q a. must % for
passed Congress Is the CONSTITUTIONS. right and
Sgy Of The House o. \.
such treaty into effect and to determine
IN m Judgment may be most conducive to the public good
The action Of the House IN several instances, not
necessary here to recite shows that Is in earnest
In insisting upon its preroQatlvcs It has for some
time past been getting jealous OF what many OF Its
members are pleased to term the rapidly increasing
usurpaons OF power by the Senate In secret session.
distinguished Representative remarked, not long
since, that the usurpations OF the Senate could
much longer be endured. That body IN secret
SION has presumed to transact, not only executive
business, but legislative and judicial ALSO
This claim OF the House is as old as the govern
ment. In 1907, upon the occasion of treaty with
Great Britain the resolution. OF which Mr.. Beck's
is copy. was introduced, and after Q lengthy de-
bate, in which Messrs. James Madison, Edward Liv-
ingstOne, Albert Gallatin and other distinguished
tatesmen then in the House spoke in its support,
passed by vote OF 81 to 81.
The subject has been discussed at various times
during the seventy-four years that have passed by
since 1t was first introduced but notably in the
Thrty-ninth F0rtieth Forty.nrst and Forty second
Congresses, until the House afirms It's position by
unanimous vote. In fact 1t may be said that after
sEvENTY.FOUR YEARS. DISCUSSION
the House has, by unanimous vote, determined to
maintain what &c claims to be Its just and lawful
Inasmuch as the House holds the key to the
national Treasury. from which not one dollar can be
tons or for any other purpose whatever it viii he
seen that II has the power and In some instances.
Great Britain win therefore take notice that
neither the Joint High Commission, the President,
cute treaty. IL viii be seen that the Ratification
OF the treaty by the Senate In solemn secret session
does not ~ any means complete or bind The bar
HOUSE OF REPRESENTATIVES,
gives Its consent there Is no national obligation to
appropriate tie money or execute any portion OF
our treaty making friends must always keep In
Legislature represents the people; that the Senate
Is not by any means representative body, men,
spective States, without much regard to, and often
IN direct opposition. to the will OF the people, 1t
comes to pass therefore, that the people IN his
test almost unanimously take sides with the House.
BOLD SCHEME.
President and Senate have been bind ali this while
TO the uncomfortable fact that the House holds the
length BEEN DEVISED By winch the ns a.
power can be used to raise any amount OF money,
not only without the aid OF the House, but in spite
Neither the President nor Senate can appropriate
money from the Treasury but It IS now claimed that
they can, under the treaty making power. authorize
the issue OF and put upon the market any amount
BY the new plan the President and Senate, IN Sc
cret session could double our national debt by an
additional issue OF United Stetes BONDS without the
knowledge OF the House OF Representatives., | necd
hardly add that the new scheme for watering our
national debt has been endorsed by the administra.
ton and senate.
THE OFFICIAL ANNOUNCEMENT
ON the 9TH OF January last Senator Davis, OF Ken
tucky, submitted a report from the Committee on
Indian Affairs which was considered and agreed 10.
Words
the Of the starry the Treasury to Con.
gress transmitting copy OF ,Ae opinion OF the Attorney
nit si'i 'S
have Examined the opnoO Of he Attorney General. aes
sonssl WIN him ID his
.sw Nation Of indians. which en.. .aid nation S2sSoo
to make and ss; amount D Of said
$ Of Il ias n e. T as ~
ton rs ministerial function. He has fun authority to
compliance with the treaty, the proper authorities OF the
There Is no law whatever for the issue and delivery
OF these bonds except treaty made by the Presl-
Gent and ratified In Senate secret session; nay,
more, the laws OF Congress approved July g. 1862
and March 3, 1885, suspended the payments or
money and delivery Of bonds and other presents to
the Choctaw Indians; but on 2sth or April 1886. the
1 a yyh
claimed to repeal both laws and resume the pay
ments. The Senate and Attorney General concur IN
the statement that no other law Is necessary They
hold that the Pres dent may proceed increase the
national debt to the extent called for in the treaty,
without even the knowledge, much less the sanction,
OF the House OF Representatives: and In this in
stance In violation OF two laws OF Congress.
THE SCHEME ENDORSED BY THE ADMINISTRATIONS.
Lest should do injustice to the administration
will quote the exact words Of the Attorney Generals
endorsement He says
ng but the authority of the treaty 1866 The of
esaa e @ q The toe Of ss
s revive that direction such an net within Its com:
Attorney General Gushing in 1854 after full examination
70 e s bass he
effect of repeating all preexsng federal laws in conflict
sRS ". Within T. s..y The will Of The
sss' %e a.: an" as
An a. within the
an ha sy the
tina. provides Tor nng through the agency
OIL particular officer obligation to parti
cular time: for such, In effect, Ia a bond.
s rs sf s S
treaty Jaw for him, he know laws except such
are passed by Congressi
The Secretary Of the executive department OF
the government Il 10 established by long OF
thoratve opinion aud conforming practices that, in
the Executive of the United States execute the
stpuations Of treaty without provision ~ act OF Con-
I gross. In some instances this has been done as n
| general executive duty, when the treaty itself
| pointed out particular mode OF execution. This
was the taken In the OF Thomas Nash,
otherwise called Jonathan Robbins, who delivered
the direction OF President Adams 10 the British authorities In
execution OF the treaty with Great Britain OF 1854 An at
tempt bring the of Congress the for
this act encountered by Chief Justice
Marshall then representative from Virginia, which exclu
sivey established the In other cases the President
has acted when the mode Of action pointed out In tho
treaty.
am OF the distinction which has been taken be-
tween such treaties do and such do not import con-
tract and OF the current notion that In the former case
Congress must act before the treaty can be exccned But
the practice Of the In exrndon treaties and IN
other OF International has been ut