New-York tribune., 1902-10-20

TIE DANISH TREATY AND THE HOJSE.
The prospective ratification by the Danish
Government Of the treaty for the sale Of st.
Thomas. ST. John and ST Croix has provoked
some Of the American opponents Of the ac-
ouisition Of those islands TO propose new de
vice of obstruction. Their astonishing scheme Is
10 get the House 10 refuse the appropriation
called for by the treaty and thereby disable our
government from living up to the bargain
which its duly authorized officers have const-
tutionally made. The Christmas scandal IS
pleaded as the excuse for this breach Of faith
hut ii is evidently only an excuse. for II is ad
mitted that there was no corruption in con
nection with the treaty. and that whatever
cloud Christmas may have been able to spread
over the negotiation has been completely dis
PEELED Everybody. both in the United States
and Denmark understands the nature Of his
attempt to thrust himself into the case. The
honor Of both nations is completely vindi-
Gated and the attempts to extort money
through the pretended necessity for hrbes have
heen frustrated. The Christmas affair. there
fore offers no reason for obicHting 10 the treaty.
and attempts 70 block II in the House on that
pretext could only be construed as a carrying
IF opposition 10 the purchase itself to the ex-
treme Of refusing TO keep good faith with for
eign nation.
The power of the House Of Representatives
with regard to treaties which require legisla-
tion to carry out their provisions has been in
dispute for more than century. 1t is now set
tied that such treaties are not self-executing
and that neither the courts nor the Executive
can proceed 10 enforce them by taking money
for example. from the Treasury. or by waving
the collection Of statutory duties without the
passage of appropriate laws. 1t is equally well
settled. however, that the President and Senate
are the treaty making power. and that the
House has no voice in making the bargain.
Ii has, indeed. the power 10 refuse to let the
bargain be carried out but II has not the moral
right. and foreign nation. aggreved by its
refusal, might reasonably appeal to an interna-
u0nal tribunal or even TO force for the fulfil
ment of the contract made with it.
Opponents Of various treaties and sticklers
for the prerogatives OF the House have often
disputed this obligation. but never vet has the
House failed TO redeem the honor OF the nation
and pass the laws necessary to meet treaty
obligations, whether II was pleased with the
treaty or not. The opposition to JAWS treaty
attempted 10 wreck IT in the House I'm 1896.
and gave occasion for the great plea of Fisher
Ames for the keeping OF national good faith
Aged, broken in health. scarcely able to stand.
he delivered an eloquent and impassioned
speech defining the reciprocal powers and
duties OF the different departments of govern
ment in a way that carried confusion 10 oh
structionists and established rule by which
rhe House has ever since abided The question
has come up many times since always with
the same result The opponents of the Alaska
purchase after the treaty was ratified tried
To hold up the appropriation TO pay for the fer
ritory. but finally yielded.
IL may be said that in matters on which +ba
House must vote at all il must have a FREQ
choice. Brit there are many things On which
the House votes about which its choice is linn
tied by moral obligation. One Congress- may
authorize a four year department contract
The next House may he of a different noliti
cal opinion. and may think the contract a had
one. Ii has the power 10 strike out the item,
from the supply bill and break the contract. but
II has not the right. A claim against the gov
eminent may be passed by the Court of Claims
IL cannot be paid till Congress makes the enpro-
prlaton for it, Congress can refuse and cbaa+
the nations creditors, but that is nor an axor
else OF legislative prerogative, discretion and
free will 10 be proud of. The treaty MAKING
power is vested exclusively in the President
and Senate. and it extends to all subjects
proper for compact between nations. A treaty
cousuluuonauy made is morally obligatory
upon the nation. and no officer of the nation
Whatever his technical power 10 defeat its
operation can do so on any pretence that he
aoeS not think the treaty good. or that his acts
are SUBJECT solely 10 his own will. without be-
IdElhg MS country into an act of bad faith
no House of Representatives ever vet tool,
such an unpatriotic stand. and assuredly no
house Will now do il 10 please the disappointed
ooSrucuonists Of the Danish treaty.