Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1884-12-23
The New Treaties.


We have said heretofore that the treaties
nov before The United States Senate for
ratification VIII not he allowed TO 90 into
effect, n ever. until II Is settled that the
President and the Senate cannot without
the consent Ct the House rightiully make a
treaty requiring for It's enforcement action
upon the part OF the House OF Representa-
tiycs. II seems 10 US TO be so plain pro-
position tina, the peoples house cannot thus
be "whistled down the wind /" that we are
surprised to find leading Journals adyocs-
ting the AFORESAID usurpaiIon OF power by
The President and the Senate.
The Nation quotes Mr.. WHEATON as al.
thoritv. In letter from Constantinople,
written many years ago, be said that one
nation has nothing 10 do with the domestic
laws and constitutions OF another nation
that is TO say. SPAN. for illustration. has
nothing to do with the constitutional privi-
leees Of the American House of Representa-
tives. but that the United States Govern.
mtnt will be responsible TO Spain for Its
non.executicn OF the treaty recently made
between the two countries. In other words,
the President OF the United States and the
United States Senate can make O treaty
which the House OF Representatives must
legislaie into effect under penalty OF u war
between This country and the other con-
tracing party; or to state the case differ
entity. the power TO declare war Is trans
fcrrcd from Congress to one house Of Con-
gress.
Again: the Spanish treaty Is tariff bill
IN disc uise. II proposes to reduce the du-
ties on tobacco, sugar, and various other
commodities. without the consent OF the
House OF Representatives. although the
Constitution in terms provides that all bills
for raising revenue shall originate in the
House of Representatives. II the House Of
Representatives l. obliged to legislatc this
treaty INTO effect, II Is clear that a revenue
law has been made by the President and
the Senate, and that this revenue law not
only did not originate la the House of Re-
representatives., but was forced upon its ac-
ceptance.
But what Is the remedy? How can the
President and the Senate IN such cases
show due respect for the privileges Of the
House OF Representatives, and yet nego-
tiate ireatiesi We reply that they have no
right TO make treaty which cannot he car
ried into effect without action on the part
Of the House Of Representatives. This
country cannot r,ehtfully be held response
BILE for the incarceration Of any such
treaty. In every such case the treaty itself
should provide for action on the part Of the
House OF Representatives rs a condition
precedent to the going into effect Of the
treaty.
Iut IL IL said that treaties are "the SUI.
prtme law OF the land" True; and so are
the acts Of Congress. These two supreme
laws cannot coexist II the one Is incompati- |
BILE with lbe other. We can well conceive
OF tresty which might contain clause
requiring the assent OF third nation.
Why not? In such case the treaty would |
not and could not 60 into effect until the |
third party had agreed to it. So 1t might
he provided in treaties requiring for their
execution affirmative legislation by thetwo
houses Of Congress. The thirteen colonies
were NIL fIee and independent SOW
ereigpties after the close of the |
war with England In 1881. The |
Constitution Of the United states was sort |
q treaty which was entered into by their |
agents, but was not 10 go into effect until |
ratified .by nine States. The affirmative &C. |
tion OF eight States would not have bound
the parties TO this treaty or Constitution.
A treaty may be signed by the agents of
the United states. yet 1t is not binding until |
by the President aud the Senate.
SO the President and the Senate ought to |
stipulate, where the action OF the House |
Of Representatives " necessary, that |
the consent OF the House must be |
obtained before treaty can 20 into
operation. The constitutional rights and
privileges Of the House Of Repre-
sentatiyes cannot be taken away either
directly or indirectly by the Senate and the
President. The peoples house must be
protected in its privileges. II South Caro-.
lima rice, and Louisiana sugar, aud yir.
ginis tobacco aud sumac, can be deprived
Of the protection OF a statute which Is "the
supreme law Of theland' under the same |
which declares treaties to be
az the supreme law OF the land" then the
six New England States. with Colorado,
Nevada, and Oregon. and the rest OF the
little States. may in effect pass laws which
could never receive the sanction Of the |
House 10 which representation Is bised
upon population. Our Government would
IN that event be converted into anything |
but representative one; and fee institu-
lions would receive another stab.