The Portland daily press., 1893-12-29
WAS 1T cLEvELAND.s RIGHT
Discussion Over His Withdrawal of Trea-
ties From the senate-Some of the Pre-
cedents-The Nature of Treaties.

New York, Dec. 2S.-A Washington
special to the Tribune says: Recently
revived discussion upon the circumstan-
ces and incidents connected with Presi-
dent Cleveland's withdrawal of Presi-
dent Harrison's treaty for the annexation
of the Hawaiian Islands and his previ-
GUS withdrawal of President Arthur's
Nicaragua Canal treaty, has brought out
expressions of doubt as to the right OF
the President to withdraw treaties from
the Senate. Certain il is that Mr.. Cleve-
land did withdraw those treaties from
the Senate, to which they had been sub
mitted by his predecessors for action,
and it was stated at the time of those
occurrences that the Senate made MP
protest against those acts by the co-ordi-
nate treaty making power in the govern
ment. A rule of the Senate, made in
1879, that :" no paper sent to the Sente by
he President of the United States or any
executive officer shall be returned or
delivered from the Office of the Secre-
tary without an order of the Senate for
that purpose" has always been strictly
enforced. In all instances the assent of
the Senate has been formally given be-
fore Withdrawals of papers have been
allowed.
There is no record of an instance in
which request from the President for
the withdrawal of any treaty has been
refused by the Senate; although, on the
other hand, there have been many in
stances wherein the President has de-
clined to comply with requests of the
Senate for papers, documents or other in
formation desired by that body.
Messages from the President of the
United States withdrawing nomina-
lions that had been submitted thereto
for advice and CONSENT" have usually
been simple, rather blunt communica-
tions.
General messages of this kind are very
brief. For instance, in recalling nomi-
nation the Presidents message is i'll this
form: ITO the Senate of the United
States: withdraw the nomination of
- to be Postmaster at -, in the
State of -.n
AS to the treaties which the President
desired to WITHDRAW, brief explanatory
remarks sometimes accompanied the
notification from him to the Senate.
A specimen message of this character,
which serves to illustrate, was from that
puncitilous gentleman, President Pierce,
as follows:
- To the Senate of the United States:
With message of the 23rd of June
last transmitted for the consideration
OF the Senate, a convention for the mu-
tual delivery of criminals, fugitives from
Justice in certain cases, and for other
purposes, concluded at The Hague on the
10Th of May last, between the United
States and His Majesty, the King OF the
Netherlands. Deeming it advisable to
withdraw that instrument from the con-
of q no. tl.,k
it may be returned to me.
FRANKLIN PIERCE.
Washington, August 8, 1856.
Treaties differ from all other measures
before the Senate Different and distinct
rules for their consideration are made
by the Senate. Other matter of legisla-
tive nature, such as bills, &C., which
expiration of Congress (every two
years., and if they are ever again con-
sldered, it must be after reintroduction,
precisely as if they were wholly new pro-
positions Presidential nominations not
finally acted upon during any session
of the Senate are returned to the Presi-
dent at the close of such session, and the
rule is that they, shall not be again con-
sidered unless they shall be again sent
30 the Senate by the President.
Treaties, however, go on forever. They
uemain before the Senate indefinitely, or
until they are finally ratified or rejected
by that body or withdrawn by the Presi.
dent of the United States Any progress
that may have been made in their con-
sideration is closed with the expiration
OF the Congress, as if no proceedings had
been had thereon
The rule is that: Treaties trans
mitted by the President to the Senate
for ratification shall be resumed at the
second or any subsequent session of the
same Congress at the stage in which
they were left at the final adjournment
of the session at which they were trans
mstted; but all proceedings on treaties
shall terminate with the Congress and
they shall be resumed at the COM
mencement of the next Congress, as if
no proceedings had previously been had
thereon.
1t seems improbable that the Senate
would
Refuse to Grant a request.
from a President for the withdrawal
of treaty, unless it should be done at
a time near the close of Presidential
term, when it was known that another
person would soon succeed the incum-
bent, and that the incoming President
would prefer to have the treaty remain
De1OAC oAS Oohooo. LII any 0FouO uOGllnS
could be gained by refusing request
for the return of a treaty to the Presi-
dent. Even if the Senate should ignore
or refuse his request, and go ahead and
resolve to give it's constitutional advice
and consent" to the measure, it could not
become law until ratified and proclaimed
by the President. He might see fit to
withhold such action on the treaty
That very thing has occurred, but it
was under amicable circumstances be-
tween the President and the Senate. The
Senate had in 184S advised and Consented
to the ratification of an extradition con-
vention between the United States and
Prussia, and other States of the German
Confederation, which had been sent TO
the Senate by President Polk three years
President Polk having re-
,eived from the Senate the treaty and a
copy of the Senate's tardy resolution
advising and consenting to its rati6ca-
5ion," replied in message to the Senate
hat he could not ratify this convention
IN conformity with the advice of fine
Senate without violating his conviction
IF duty; and, said Mr.. Polk, Having
arrived at this conclusion, I deem It
proper and respectful, considering the
circumstances of the present
case and the intimate relations which
the constitution has established Sl,e-