The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-19
rHE Isle on PINEs TREATY.
Have the President and the Senate Power
TO ALLEVIATE Territory by Treaty?

hhbNC tHe ITCoiueHt anu tbC Scha'c
to Alternate Territory by Treaty?
To THE EDITOR OF The SUN-Sir: BY the
Treaty OF Paris Of 1903. framed by the Peace
Commissioner OF Spain and the United
States, the Isle OF Pines, lying close TO the
southern coast OF Cuba. appears to have
been. technically at least. coded 10 the United
States and has become a part of their terri
tory. The Treaty of Paris did not speoiiy
the Isle OF Pines by name as included In the
ceded territory. and there seems TO DC q
question whether tho island was Intended
to be coded to us or whether 1t was considered
as part Of C~uba--which I understand Is the
ground the Cubans take-or whether 1t was
simply overlooked altogether. as IL perhaps
most likely. But however that may be. the
island now Ia unauestlonably United States
territory de facto, and as such Is under the
sole control and solely at the disposition
of Congress by the provision OF Clause 2.
Section 3 OF Article ~. of the Constitution.
which reads:
The Congress shall have power TO dispose OF
and make all necdful rules and regulations respect
ing the territory, or other property. belonging to
the United States. and nothing In this Constitution
shall be so construed as 10 prejudice any Claims
OF the United States, or Of any particular State
II Ia clear, therefore. that the sole power
to whom control over the Isle OF Pines ia
intrusted Is the Congress, limited In the
exercise OF lB tTubJ 10 dCllol "hloh hho
not prejudice any claims of the United States.
or of any particular State. to territory over
which it holds power in trust for all. But
there Is now pending In the Senate q treaty
into which the President has entered with
Cuba. oedlng to that foreign power part OF
the territory of the United States, the Isle
of Pines. Such a treaty appears to be clearly
irregular. a manifest usurpation OF executive
authority and a violation OF the Constitution.
70 ~. dzz.Nu a1-arNna ~ ottnh nnffnn wnnIn
appear to be In manifest contravention OF the
coordinate power of the House Of Representa-
tives, and therefore illegal and void under
the constitutional provision which commits
the control explicitly to both houses OF Con-
Rress acting In their Joint capacity. and not
to the Executive at all. nor to the Senate act
ing with him. The executive has no more
right to independent power over United
States territory than any other citizen. ex-
cept as it may be specifically given to him
by act of Congress. If he can lawfully cede
the Isle of Pines to Cuba by treaty. be can
with equal legality by other treaties cede
New Mexico to the German Emperor or al
low British troops to, garrison, Fort Monroe.
seems to be no limit-ln theory-,to the &C
complishment. Of, anything which the Ek-
%eoutiye may decide on II ne can ihaIee tn ne
Representatiyes-the popular branch OF GOV
ernment-sinks into innocuous desuetude.,.
Th9 lh9OIetlC CXDHnblOH VI lH0 tGruty maj
ing power committed by the Constitution to
the President and Senate opens me WAY 70
grave dangers. In the case OF United states
territory the President's power over Y Is
clearly only what is specifically granted him
by Con gress-not the Senate alone, but by
hardly admits OF argument. and 1t cannot be
held that the treaty making power may law-
fully. override a specific provision Of the .S Con- NJ
f Pine Is held is' to u be lawful the power and duty
committed to. Congress alone By. section .,
OF its hands by an act of the Executive, con-
sented to by the Senate. ga.
There il, indeed, strong ground for belief
that the Constitution, In the minds OF It's
itself power to ALLEVIATE national territory and
does not really mean to. ALLEVIATE, sell or give
away, but to 'set In order" to order the az
fairs Of, to make all needful rules and regHmi
more con yinoing reasons, into which it is need
less to enter here, But however that may be.
Jointly, not merely one house. acting In con-
cert with the President-that the Isle Of Pines
did not pass to us under the Treaty OF PARIS.
tory and that It really belongs Of right to
Cuba. the proper course would seem 70 be to
States has no Just claims to the island and
empowering the. President to abandongoYern-
ment over Il and hand It over to Cube; To do
lead to very awkward entan clements In the
future. .
vi course nOUOuy can Vi pticte
for a moment that President Roosevelt would
knowingly violate the Constitution, and his
oath Of Office, but we may some day have
an INSCRIPTIONS President, and a subservlent
Senate ready to take advantage. OF con-
venient presidents for the enoroachment, Of
executive power. 1t Is certainly conceivable
that this Ia a danger to be guarded against.
II the pending treaty Is confirmed there
would seem to be good ground for an appeal
to the courts to set 1t aside as unconstitu-
tional and void. Presumably any United
States citizen who has interests In the Isle Of
Pines might take such action. or perhaps
any citizen or the Governor OF any State, for
the most definite way to prejudice any
claims Of the United States or Of any par
ticular State" to United States territory,
held in trust by Con gress for the whole
country, is to hand 1t over to a foreign power
and abandon all claim to II, and the Supreme
Court is directed by the Constitution to so
CONSTITUTE 1t that no claims to such territory
may be. prejudiced.
But II Cuba Is TO have the island on the
ground that IL does not rightfully belong TO
us, let IL be by act OF Congress and not by
the, act, Of the Executive alone. consented
to by the Senate.
II will be noted, too, that such a course
win leave the citizenship Of the islands in
habitants in a different position than If they
are handed over to Cuba by treaty
JosERH II. COATES.
PHILADELPHIA March II.