New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-01-25
NO GOVERNMENT BY TREATY.

To each department OF the Government lts
proper powers and its proper duties. That Is
the fundamental principle of the American Con
stitutional system There is no feature OF the
Constitution more marked. There is none
which 1t is more important to maintain The
first words of the Constitution after the Pream-
BILE In Article l. Section !. nre. "All legislative
powers herein granted shall be vested in
Congress OF the United States etc, and the
first sections Of Articles ii and Ill. respective
". vest the executive power in the President
and the judicial power In the Federal courts.
The bulk Of the instrument Is devoted to emu
meration and definition Of the respective pow
ers OF these three departments, and to their
perpetual differentiation from each other.
In general this principle is recognized and
maintained The PostOffice Department does
not enact pension laws. nor does the Supreme
Court direct the movement of fleets and armies.
And yet there is to-day proposed violation on
the principle scarcely less fragrant than such
acts as those would be. Nothing Is more evil
dent than that the President and the Senate
are the treaty -making power, and that the two
houses of Congress are the lawmaking power
But it is now proposed to vest that treaty
making power with the power to make laws
for the government of the Union; to give TO
the President and the Senate. that Is, author
ity which the Constitution gives Solely to the
Senate and House Of Representatives.
That Is, In lust so many words, The logical
outcome of the proposal to force into the pend
ing Peace Treaty lot Of rules and regulations
and stipulations concerning our future course
Of action in the Philippines 1t is apparently
desired to make Of that document whole code
Of laws, determining the extent OF our inter
vcntlon In the affairs Of those islands and Its
duration IN time. the number Of troops we may
send thther. the mode Of cur evacuation OF the
islands. and all the rest. The legislative acts
which the Constitution expressly declares are
10 be done by Congress are to he done by the
President and Senate, In conjunction with a
foreign Power. The Spanish Government is 10
he called in to help us make laws for the gov
eminent of our own Army and Navy. more
preposterous notion was never conceived.
This treaty is an executive and diplomatic
agreement with Spain for the ending OF the
war and the settlement of its issues so far as
Spain is concerned in them. That Is all. 1t Is
not n chapter of domestic laws SO long as the
Philippines belonged to Spain we had no more
business 10 make laws concerning them than
concerning the Grandduchy Of Finland But
they no longer belong to Spain. Well, then
they are either free and Independent or they
belong TO the United States II the latter. they
are TO b cared for by legislative enactment
by Congress according to the Constitution. III
the former. they are to be dealt with by treaty
with their own Government. In either case
Spoin has no more 10 do with them than she
has with the District of Columbia. This. we
repeat. is treaty with SPAIN and neither do
nestle law for the government of the Nations
property nor negotiations with the Government
of any other sovereign Power have any place
therein.
We nav he certain that the President has no
desire TO usurp the lawmaking powers Of Con-
Qress He is quite ready to let Congress dis
nose OF. and make all needful rules and reGu-
'Iatlons respecting, the territory or other prop
"crtv belonging to the United States" II Is
not TO be believed that any considerable minor
ity of the Senate will deliberately attempt TO
set aside the clearest provisions Of the Consti-
tuition. and to make n treaty with a foreign
Power an instrument for the government OF
orr own land or for controlling our relations
with another people. Domts site government by
foreign treaty Is not yet to be part OF the
American scheme