Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-01-30

At the conclusion of the routine
business bill providing for the use
by the United States OF devices in
vented by it's naval officers while en-
gagged in it's service and covered by lat
ter's patent was passed.
Cullom, UllD then addressed the
Senate on the subject Of reciprocity
treaties. He spoke on the constitu-
tionality of that portion Of the Dingley
act which authorized the negotiations
of reciprocity treaties. He said that
the working of the provision was pc
culiar and mixed, but it seemed plain
that all treaties negotiated must have
been made and ratified within two
years after the passage of the act.
Therefore if that act is to control it
would be useless to ratify the treaties.
Senator Cullon continued:
In my opinion, the fourth section of
the Dingley act 50 far as it attempts
to confer. limit or define the treaty
making power is only an interference
with the powers of the President and
Senate bur is unconstitutional because
ii comes in conflict with that clause of
the constitution which says that the
President shall have power, By and
with the advice and consent of the
Senate to make treaties
We do not, therefore, derive our
treaty making powers from a law of
Congress. and no law OF Congress can
in any way modify or limit those
covers. The Dingley act cannot limit
the time in which we shall be allowed
TO make a treaty.
Cullom contended that the fourth
section of the Dingley act should be
taken as mere expression of the view
of the Congress and that the President
did not need authority to make the
treaties. The reciprocity treaties con-.
cluded with Hawaii, Mexico and Cana
da did not go into effect until Con-
gress acted, but these treaties con-
tanned an express provision that they
could not become effective without
Congressional action.
Cullom discussed the provision of
the constitution, declaring that bills
for raising revenue must originate in
the House and said 1t had not been
definitely settled what was meant by
bills for raising revenue" He
added:
From the decisions and statements
Of Justices Story. Miller and Harlan /
cannot see how this clause could make
1t necessary to submit reciprocity
treaty to the House before it becomes
effective. The language of the clause
is that all bills for raising revenue. or
in what revenue may incidentally arise.
A reciprocity treaty is not bill 1t is
true that it reduces q treaty which has
been laid by law. but l maintain that
the treaty making power has authority
To change q tariff law the same as il
has authority TO change any other act
Of Congress, and We have seen that it
has been clearly held, from the de-
Cisions of Chief Justice Marshall down
to the present. that the President and
Senate by treaty. can change or modi-
fy law of Congress-
Cullom also said: This question be-
fore lis has been before the Senate for
a hundred years. The Executive and
the Senate have taken one position and
that Is that treaty is the supreme
law of the land. That position has been
sustained by the supreme court. On the
other hand. during all these hundred
years, the House of REPRESENTATIVE
has, as rule, insisted that they should
be considered in reference to certain
treaties. If the Congress is not satis-
fed with the treaty, II has q perfect
right to repeal it. let the consequences
be what they may. But until such ac-
tion is taken. the treaty remains a part
of our municipal law.
Addressing the Senate. Money said |
the senator from Massachusetts (Hoar) /,
made q. statement n few days ago to |
the effect that the state of Massachu- !
sets had furnished more troops in the I
war Of the Revolution than al, that
section south of what Is known as the
Mason and Dixon line. The figures 4
had been taken. 1t was stated. from q I
report Of Gen. Knox, the first secretary I
Of war. Expressing his entire belief (
that. the Massachusetts senator would \
not willingly present anything to the \
Senate but facts. Money read from au- ,
tkorities 10 show that the Southern
section of the country had furnished its
full quota of troops, Virginia supplying
5s.i22 and South Carolina 3l.13I. The
latter state had furnished 81 out OF cy-
ery 4s citizens capable Of bearing arms.