Evening star., 1902-01-29
Senator Cullen Speaks on the Reci-
proeity Treaties.
SOLDIERS IN THE REVOLUTION
No House Committee Responded
When Called.
AN EARLY ADJOURNMENT

REV. br. CCuOe1, Cndpldin VI tHt I1ouoc
of Representatives. pronounced the invo-
cation at the opening of the Senate's ses-
sion today.
At the conclusion of routine business
bill providing for the use by the United
States of devices invented by It's naval off,
GERS while engaged in its service and COW
cred by letters patent was passed.
Mr.. Cullom Qll.) then addressed the Sen
ate on the subject of reciprocity treaties.
Senator CulIom's Remarks.
Mr.. Cullom of Illinois. chairman of the
committee on foreign relations, addressed
- the Senate ON the constitutionality OF that
portion of the Dingley act which author
lied the negotiations of reciprocity trea-
ties He said that the wording of the pro-
vision was peculiar 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 1t would
be useless to ratify the treaties. Senator
Cullom continued:
I'm my opinion, the fourth section of the
e. Dingley act, so far as it attempts to con-
fer. limit or define the treaty-making pow
er, Is not only interference with the
powers of the President and Senate, but
Is unconstitutional, because 1t comes in
conflict with that clause of the Constitu-
ton which says that the President shall
have power, by and with the advice and
COHSenI OI the SENATE, TO MAKE CTedlitS b
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 powers. The Ding
ley act cannot limit the time in which we
shall be allowed to make a treaty.
Mr.. Cullom contended that the fourth
section of the Dinglay act should be taken
as a mere expression of the view of the
Congress and that the President did not
need authority to make the treaties
He entered into a long discussion of the
proceedings of the constitutional conven-
ton relative to the treaty-making power
and claimed that all precedents showed
such power was conferred solely upon the
President and Senate. The reciprocity
treaties concluded with Hawaii. Mexico
and Canada did not go into effect until
Congress acted, but these treaties con-
tanned expression that they could not
become effective without congressional ac-
tion.
Raising Revenue
Mr. Cullom discussed the provision of the
Constitution declaring that bills for rails
ing revenue must originate in the House,
and said that it had not been definitely
settled what was meant by 'bills for rais-
ing revenue" He addeded:
From the decisions and statements of
Justices Story, Miller and Harlan 1 cannot
see how this clause could make it neces-
sary to submit a reciprocity treaty to the
House before it becomes effective The
language of the clause is that all bills for
raising revenue shall originate in the House
and not all bills affecting revenue, OF In
which revenue may incidentally arise. A
reciprocity treaty is not bill. 1t is true
that 1t reduces duty which has been
laid by law. but maintain that the treaty.
making power has authority to change a
tarin law the same as is has authority to
change any other act OF Congress. and we
have seen that it has been clearly held,
from the decision of Chief Justice Marshall
down to the present. that the President and
70 hN- oL
law of Congress-
An Old Question.
Mr.. Cullom also said:
This question before us here has been
before the Senate for a hundred years. The
executive and Senate have taken one posi-
ton. and that Is that treaty is the su-
preme 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 Representatives has,
as rule, insisted that they should be con-
sidered in reference to certain treaties
That does not relieve US (the Senate) of
the duty of standing for our prerogatives
and our rights, and insisting that the
rights of the executive shall be maintained
A treaty made by the executive and rati-
fled by the Senate is the supreme law of
the land as well as an act of Congress.
II the Congress is not satisfied with the
treaty, ii has perfect right to repeal it,
let the consequences be what they may
But until such action is taken the treaty
remains part Of our municipal law
Bills Passed.
At the conclusion of Mr.. Cullom's speech
bills were passed as follows: Appropriating
$4,000 for the purchase of additional
ground and for the enlargement of the pub
lie building at Atlanta. Ga. authorizing the
city of Duluth, Mimi, to construct a car
transfer over the Duluth canal and for that
purpose to occupy certain lands of the
United States; providing 5000 additional
Tor the establishment OF a light house and
fog signal station at Browns Point on
commencement bay, Washington.
Southern Troops In Revolution.
Addressing the Senate, Mr.. Money said
the senator from Massachusetts, (AIr. Hoar)
made statement a few days ago to the
effect that the state of Massachusetts had
furnished more troops in the war of the
revolution than all that section south of
what is known as Mason and Dixon's line.
The figures had been taken, 1t was stated,
from report of Gen. Knox the first Sec
retary of War. Expressing his entire be-
lief that the Massachusetts, senator would
not Willingly present anything to the Sem
ate but the facts. Mr.. Money read from
authorities to show that the southern sec
ton OF the country had furnished it's full
quota Of troops, Virginia supplying 80 722
and South Carolina 81 131. The latter
stdle Hdu IuFnlSheO 81 out OF every AZ ctti-
zens capable Of bearing arms, while Massa-
chusetts had furnished 81 out Of every a
He read extensive extracts from historical
authorities In maintenance Of his position.
Mr.. Hoar Responds.
Mr.. Hoar, In a statement replete with
historical illusions. explained that in
whatever he may have said upon tho sub
ject referred to by Mr.. Money he had no
purpose Of instituting a comparison be-
tween any sections Of the country He
said he had stated in passing what he
wished he had not stated-that in addition
to the force of sailors furnished by Massa-
chusetts the state had supplied a greater
number of land troops than all states south
OF the Potomac He said he would be the
last person In the world to disparage the
enorts Of the southern states in the war
for independence.
HOUSE OF REPRESENTATIVES,
When the House met today Mr. Henry
Comm reported the oleomarsarine bill,
from the committee on agriculture With