The sun., 1903-12-23
TEE PANAMA CANAL AND TIE
| TREATY MAKING POWER.
VIII the Democrats Persist In Forcing
Foolish lssuef

TREATY MAKING PO"Eh.
| VIII the Democrats Persist In ForcinS
Foolish lssuef
To THE EpITon OF THE Sun Sir: 1t APP
pears that the Democratic leaders IN the
Senate have determined upon vigorous
arraiQnment OF the President for his action
In recognizing Panama and negotiating
treaty with 1t, upon tho ground that II is
violation not only OF the SpoOner act, but OF
the Constitution, the Treaty OF ls48. ana the
principles OF international law.
So far as the Spooner act is concerned.
careful readiLg of 1t shows that the only IN
structions given to the President In that act
were instructions as to what he should 90
after having negotiated treaty WIN et'hei
Colombia or Nicaragua.
The first section Of the act authorizes MIN
to purchase the rights OF the French Panama
Canal Company. The second section an-
thorizes him to acquire the necessary territory
from Colombia by treaty. The third section
authorizes him to pay for the rights Of the
canal company and the territory acquired
from Colombia; and provides that after ne
has done this "he shall then cause
to be excavated . ship canal from
the Caribbean Sea to the Pacific Ocean,
The fourth section provides that il he shall
be unable to obtain satisfactory title to the
property OF the canal company and the con-
troll of the necessary territory from Colonl-
bia, then the President. harino first OBJ
tanned for tho United States perpetual con-
troi bv treaty. from Costa Rlca and Nicaragua
upon terms which he may deem reasonable.
shall cause to be OK.
cavated ship canal and water
way from point on the shore OF the Carib-
bean Sea near Greytown. by way of Lake
Nicaragua. to a point near Brito on the Pa
cifc Ocean"
The meaning Of the act Is clear Congress
meant to authorize. not instruct. the Presi-
dent to obtain by treaty. upon such terms
as he deemed reasonable. from Colombia
the necessary territory for the Panama Canal,
II he could not do that then to obtain
by treaty the necessary territory from Costa
Rica and Nicara qua; and in either case. having
first obtained the necessary territory by
treaty he was instructed then to construct
the canal.
Senator Spooner. who is q sound consti-
tutional lawyer, when he drafted the act
knew perfectly well that Congress could not
instruct the President to make treaty. But
he also knew that Congress had right to
instruct the President as to what he should
do with the property after the treaty was
mnde. and he drew the act accordingly.
stated In previous letter to THE Sun thai
II any part OF this act rightly construed, In
structs the President to make treaty with
Nicaragua, then such part is unconstitutional
and void To the authorities quoted in that
letter now desire to add others. which
think settle this question beyond doubt.
George Washington presided over the con-
vention that framed the Constitution. Dur
ing the second term OF his Presidential Ad-
ministration, the Jay Treaty was submitted
by him to the Senate and ratified by that
body. There was much opposition through
out the country to this treaty. and after its
fnf fiyyad
before voting for the appropriations neces-
sary to carry 1t into effect, passed resolu-
| ton calling upon the President for the facts
| In connection with its negotiation. WASH
| ington declined to transmit the desired in
| formation. in message in which he said:
Having been member of the general convention
| and knowing the principles upon which the Con-
stitutlon was formed, have ever entertained but
| one opinion upon this subject and from the nrst
| establish mcnt OF this Government to this moment
| my conduct has exempliaed that opinion. that the
power OF making treaties is exclusively vested In
the President. by and with the advice and consent
OF the Senate. provided two.thirds OF the Senators
present concur and that every treaty so made
| and promulgated thenceforward became the law
! OF the land. IS It Is essential 70 tho due
| administration os the Government that the boun-
| danes nxcd by the Constitution betwccu the diier.
cnt departments should be preserved Just regard
TO the Constitution and to tho duties Of my once
| under all the circumstances OF thi. case. forbid
| compliance with your request,
James Madison, who had taken a most
! prominent part in the deliberations OF the
! Constitutional convention, and whose letters
| in the Fcderahst had contributed SO largely
| to the adoption of the Constitution framed
by that body. was at this time the leader in
the House OF the opposition to the treaty.
With his approval, n resolution in answer TO
the Presidents message was passed by the
House. beginning in these WORDS.
That II being declared In the second section OF
the Constitution that the President shall have
power. by and with the advice and conSen, OF the
Senate, TO make treaties. provided two thirds
of the Senators present concur. the House Of Rep
resentatives do not claim any agency In making
treaties.
The resolution, however. went on 10 state
the constitutional right of the House to de-
termne for itself as to the expediency OF
passing such laws were necessary to carry
out the stipulatons Of u treaty.
We have hus the concurrent declaration
, Of the President and the House OF Repre-
| sentatives Of that day to the effect that the
| treaty making power is vested by the Con-
| stitution exclusively in the President and the
Senate, and that the House can have no
| agency 10 making treaties, What would
| George Washington have said if Congress
| had instructed him to make treaty? As To
| the right OF the House TO decide for itself as
| to the legislation necessary TO carry out u
| treaty, that question. as Mr.. Wharton says,
! in his International Law Digest, remains
| still open: but in the case OF the Panama
treaty, if it is ratified by the Senate, it is not
| at all probable that the Republican majority
| in the House will hesitate to make the ap-
| preparations necessary to carry il out
1t remains to be cen whether the Demo-
| Gratis in the Senate will carry their opposition
! TO the point OF voting against the treaty
| As a two-thrds vote will be necessary for
its ratification. il united they may defeat it:
! but several Democratic Senators have a.
! ready announced their opinion as to the i'm
policy OF such action. There is no doubt
| that a large majority OF the people OF this
! country are in favor of tho ratification of the
| treaty and the immediate construction of the
| canal, and the people OF the South are more
| Interested in its speedy completion than those
! of any other part OF the country. Can the
| Democratic Senators AFFORD to defeat this
! measure!
| For them to assume such a position on the
| eve of Presidential campaign would be
! most unwise. and would &suredly result in
! defeat even more crushing than the Demo
Gratis experienced in the second election of
! Mr., Mckinley as the consequence OF their
| opposition to his Philippine policy.
! On the other hand II they are not prepared
! to carry their opposition to the extent OF
I voting against the treaty are they not plac-
! ing themselves in n most embarrassing posi-
I tion by their dcnunciations of the President
| inn II hay