Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-04-25


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THE TREATY MAKING POWER
AND THE PONERG E THE HOUSE
INK. BECK,S RESOLUTION.
Just before, the adjournment of the
House>6f Representatives, Mr.. Beck, of
Kentucky, introduced the following reso-
tuition, which, under suspension of the
rules, was unanimously passed:
Resolved, That it being declared BY the
second section of the second article of the
Constitution that the President shall have
power, by and with the advice and con;
sent of the Senate, to make treaties, pro-
vided two-thirds of the Senators present
concur, the House of Representatives do
not claim any agency in making treaties,
but that when treaty stipulates regula-
tions on any subjects submitted by the
Constitution TO the power of Congress, 1t
must depend for its execution as TO such
stipulatiOns on law or laws 10 be passed
by. Congress, and il is the constitutional
right and duty of the House of Repre-
sentatives in all such cases to deliberate
on the expediency or inexpediency of
carrying such treaty into effect and to
determine and act thereon as in their
judgment may be most conducive to the
public good. 4 T q
This resolution Is Identical with one
introduced in the Fourth Congress, and
there adopted by two.thirds vote. The
Geographic correspondent of the Cincin-
natl Gazette gives. the following singular
history of this resolution in the Fourth
Congress: .~-v,.z~. .--,
In 1877 treaty was negotiated be-
tween Great Britain and WashingtOn's
administration which required certain
legislation on the part of the House to
perfect The favorable action of tile
Senate in ratifying the treaty had been
communicated to the House by the Presi..
dent, when Edward Livingston, of New
York, arose, after submitting remarks 10
opposition to the treaty, offered a resolu-
ton requiring the President to communi
cate to the House the instructions under
which our Minister to England acted in
making the treaty, and also SUCH other
necessary to put the House in complete
information in relation thereto. Aftera
.protracted discussion this resolution was
adopted by 81 TO 81. Among those voting
in the affirmative were Albert Gallatin,
James AIadison, Edward Livingston and
John MiHedge. Washington responded
itothis RESOLUTION il a message couched in
veIy coufteousS terms, in which the doc
trine was set forth that the House had no
right tonIake such request, which could
not be complied with from motives of
public policy; and, further, that the as
sent of the House was in no instance ne
icessaryJ TO- the validity of any
{ treaty. which, had been ratified by
the SeneteZ and agre d to by the
Executive. Immediately upon the receipt
of this message the House went into
committee, of the whole, when the whole
question, 81 alrits bearings, was discussed
for several weeks. Finally 8 resolution,
worded>exaetlya as the one submitted by
Beck yesterday, was offered and adopted
by sSvote of 81 TO 81.
The speech of the occasion was made
by James Madison, who went even fur
therthan contemplated by the resolution,
and took the ground that all treaties re-
quIringI The subsequent passage of laws to
give them force and effect should first be
submitted TO the House, who had the
constitutional right TO inquire into the
propriety thereof. The resolution, as
above given, was finally adopted
by a vote of "a 20 81. In or
der to show that the Forty second
Congress is fully as earnest in as
serting Whist it claims to be its coDstitu-
tional privilege, as was the Fourth, it
may be stated that this resolution was
shown TO the leading members of both
parties, in the House, sometime before it
was offered, and that those who made
objections Immediately withdrew them
upon learning where it originated, and
who had given it support in the early
days of the republic. In view of the
extra session of the Senate, called TO
consider various matters of an executive
and treaty making nature, ii is thought
this resolution will play very important
part when Congress next assemblies, in
case any appropriations are asked from
the House TO carry them into effect.
Ii is probable that this resolution was
introduced by Mr.. Beck, 10 let the Senate
know that if the San Domingn, or any
other treaty injurious to the interests of
the American people, was ratified by the
Senate, which is called by the President
to meet in executive session on the 10 h
of May, the money to carry into effect
the provisions of that treaty would not
be voted by the House; and that the
House would reserve to itself the right
to determine the merits of each and every
treaty ratified by the Senate. The unan-
imous vote of the House in favor of Mr..
Beck's resolution adds to its importance.