New-York tribune., 1902-01-30
THE TREATY MAKING POWER.
SENATOR CULLOM HOLDS THAT Reel
PROCITY TREATIES DO NOT RE-
QUIRE APPROVAL BY
THE HOUSE.

Washington. Jan. 29.-Mr. Cuuom. Of Illinois.
chairman OF the Committee on Foreign Relations,
addressed the Senate to-day the constitutions
ality of that portion of the Dingley act which
authorizes the negotiation of reciprocity treaties
He said that the wording OF the provision Was
peculiar and mixed but IL 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 Cullom
continued:
act. far il attempts confer limit define
the treaty making power: is not only an inter-
ate. but is unconstitutional. because il comes in
conflict with IN that clause Of the constitution which
with the advice and consent OF the Senate. to make
We do not. therefore, derive our treaty making
powers from law of Congress. and law OF
powers The Dingiey act cannot limit the time IN
which shall be allowed to make treaty.
Mr.. Cullom contended that the fourth section Of
the DingIey act should be taken express
sion of the view OF Congress. and that the Presi-
dent did not need authority TO make the treaties
He discussed the proceeding of the Constitutional
Convention relative to the treaty making power
and asserted that precedents all showed such power
conferred solely on the President and the
Senate. The reciprocity treaties concluded with
Hawaii Mexico and Canada did not so into effect
until Congress acted. but these treaties contained
an express provision that they could not become
effective without Congressional action
Mr. Cullom discussed the provision Of the con-
stitution declaring that bills for raising revenue
must originate in the House. and said that It 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
procity treaty TO the House before IL becomes
effective The language of the clause Is that all
bills for raising revenue shall originate in ths
House, and not all bills affecting revenue. or in
which revenue may incidentally arise reci-
procty treaty is not bill 1t is true that IL re-
duces a duty which has been laid by law. but
maintain that the treaty making power has author
ity TO change a tariff law the same as II has
authority change any other act OF Congress. and
We have seen that II has been clearly held. from
the decisions OF Chief Justice Marshall down 10
the present. that the President and Senate, By
treaty. can change modify d law OF Congress.
This question before here has been before tbs
Senate for hundred years The Executives and
the Senate have taken position and thar is that
fion has been sustained by the Supreme Court On
the other hand during all these hundred years the
House Of RepreSent tattVeS has, as a rule insisted
that they should be considered in reference 10 GER
tain treaties That does not relieve us the Senate
Of the duty Of standing for our prerogdtiveS ard
our rights and insisting that the rights OF the Ex
eclItive shall be maintained treaty made by tbs
preme law of the land we'll an act OF Con-
eress II the Congress IS not satisfied with the
treaty II has a perfect right 10 repeal IL let the
consequences be what they may But until such
action is taken the treaty remains part OF our
municipal law.