National Republican., 1886-12-01
WILL nnh In Ahrn.

II is most singular thing that the own
ers Of these claims cannot get the money
that belongs to them and that has lain IN
the treasury for many years. They are no
longer claims against Mexico. They were
adiudicated under treaty to be due to tho
claimants long ago. The money has been
paid into the State Department by Mexico,
and is on deposit in the treasury. The
claims are now, therefore, claims against
the State Department. Yet, nOtwlthstand.
ing the Senate last April refused to confirm
n new treaty which had been negotiated be-
tween the two governments for settling
aside these We'll and La AbTa awards,
the claimants cannot get the money
which is absolutely their own, be-
cause somebody had introduced u
bill or bills into Congress to provide for
an overhauling Of the final decisions of au
international tribunal, which sat under u
treaty, heard these cases fully, aud decided
them against Mexico. Has It ever occurred
to our wise legislators that the government
Of the United States is not town meeting,
In which everything It TO be determined by
majority OF the qualified votersY 1t Is n
government OF departments, in which the
legislative body has its duties and functions
and the executive has another set of duties
and functions. Neither can usurp or
trespass on the duties and powers Of
the other. Congress has no power
whatever to direct the executive
what to do or not to do with this money.
Congress can no more legislate out of
existence judgment ofan international
tribunal than 1t can legslate out Of exist.
ence judgment of the Supreme Court OF
the United States or of any other court. The
cry of fraud in procuring these awards
may be repeated until doOms.day, and 1t
will never enlarge the constitutional sphere
OF Congress, or add one iota to the powers
OF Congress over the decisions of the inter
national tribunal. The Supreme Court of
the Uuiteu States decided that 1t was com
petent IN the treaty-making or diplomatic
power OF the United States to make q
new treaty with Mexico agreeing to set
aside these two awards-thatl Is to say, II
was matter between the two governments,
each acting in the only way in which inter-
namely, by treaty. 1t follows as an newt
able corollary that the legislative depart
ment can have nothing to do with the mat
ter, more especially after the Senate Of th
United States has refused TO confirm al
agreement between the two government
whereby these awards were TO be treated a
nullitles on account OF alleged frauds II
procuring them.
It may be a long time yet before th cst
claimants will get their money, but soone
or later 1t must he paid TO them, for, as
Thomas Carlyle would say: "Thc eterna
unitiCsn require 1t. The money Is in thu
treasury; the title of the claimants Is abso.
lutte, resting on the supreme law OF th'
land; no one can steal the money, no ont
can touch 1t or make interest on 1t, although
the claimants must lose the interest ant
have lost great deal. 1t would be Just a
rational to suppose that the governmen
will finally refuse to pay this money as |
would be TO suppose that It will repu HAT,
the national debt There may be a grea
deal OF injustice and wrong done by with
holding IL, as there always Is when none.
Is withheld from those TO whom II belongs
But paid It must and will be. G, L. Z.
Nov. 2S.