New-York tribune., 1903-03-16
THE approval" OF THE HOUSE,

Tho TrIhunes views concerning the amend"
mept of the Cuban treaty are quite mistaken
nv 1.-THE Sun" If It supposes that we deny the
necessity of action by the House before the
treaty ts put into operation We have, on the
contrary steadily maintained that reciprocity
| treaty, like treaty guaranteeing payment OF
money was not self-executing, but was merely
a bargain pledging the faith OF the govern
ment, which could only be redeemed after ap-
propriate legislative action to change the tarln
laws, Just as in the other case 1t must be fol-
lowed by an appropriation Of money before
the promised payment could be made. When
some time ago it was suggested in Washington
that the President might put the Cuban treaty
in force Immediately upon its ratification with
out waiting for legislation, we pointed out the
difficulties of this course and its lack Of prece-
dents. Likewise when the Danish treaty was
pending, we discussed at length the consutu-
tIonal power OF the House over expenditures
and its duty to exercise that power with due
regard for the nations moral obligations. We
have long recognized the prerogative of the
House and have defended it when others pro-
posed to ignore that body.
Our objection to the form Of the pending
amendment is not that It recognizes the power
of the House in shaping revenue laws but that
it does not give the right sort Of recognition.
1t does not distinguish between the functions
Of treaty making and legislation. Would any
body think Of putting into a treaty acquiring
territory a clause to the effect that it would
become operative and the promised payment
would be made when the treaty shall have
been approved by the Congress-? OF course
not Yet Congress must pass an act making
the appropriations in order to carry 1t out. A
treaty is one thing. An act of Congress max
ing an appropriation or changing the revenue
laws to carry out the promises Of treaty is
quite different thing. 1t is well enough to
make the reciprocity agreement conditional by
inserting clause which forbds the other con-
tracing party to expect performance until or
unless the necessary legislation is secured. but
the condition should not be put in the form of
Congressional consent to the treaty.
A treaty-even q reciprocity treaty-dOes not
need the consent Of Congress. 1t would be a
valid treaty binding upon the national honor
without it. II the treaty making power en-
tered into fat reciprocity convention without
any reservation about future legislation 1t
would give another nation a claim in interna-
tionaI law. 1t would not be concerned with our
internal organization or the inability OF the
government to carry out its own international
bargains because of some disagreement among
the organs Of domestic administration. Ii the
grievance was serious enough IL might ma eX-
cuse for armed protest The President might
| lack the legal authority to carry out the treaty
| at home, but it would be national contract
| nevertheless.
The Dingley law is quoted by 'The Sun" as
| authority for the pending amendment We are
not unfamiliar with that law, which authorized
treaties making certain specific concessions and
provided: When any such treaty shall have
| "been duly ratified by the Senate and approved
by Congress" the lower duties should be COL
| lected. But the Cuban convention is not such
treaty. It is not made under that authorisa-
| ton. 1t 10 an independent and original piece
OF diplomacy. Its schedule Of duties is entirely
| different as to articles and amounts from any
thing authorized by the DingIey bill. The
| DtDgiey bill treaties we're treaties scarcely
more than in name. They were administrative
| acts performed by diplomatic agency Con-
| gress In fixing duties provided specific method
| by which some of them miRht be changed,
namely. diplomatic negotiation. to be approved
! by itself. IL might equally well have ordered
| the Secretary Of the Treasury cn certain con.
: ditions to change the schedule. In the McKin-
| ley law 1t authorized the President to secure
reciprocity by raising the duties against coun-
| tries which he might find to be treating us un-
| fairly Congress may provide for such admin.
| tEtTative proceeding OF this kind as It pleases
and say fnek II must b approved By Con