The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1911-12-19
SENATE REJECTS TAFT
PLAN TO IGNORE HOUSE

power Of the Constitution, and to leave
the House of Representatives alone and
without consideration
Senator Culberson contended that the
resolution introduced by Senator Lodge
was not responsive to and in accordance
With the Presidents message.
THE President" said Senator Culber-
son. does not want the House to be
considered in the question at all. He
wants the Senate as part Of the treaty.
making power to ratify his action, and
leave the House alone, and yet the Sen
ate Committee on Foreign Relations pre-
sents joint resolution in lieu OF that
| presented by the House.
That is about all I care to say now.
L wanted to invite attention to the
anomalous condition of affairs that the
President of the United States, strangely
to me, at least, has undertaken to strip
the House of Representatives OF some
OF its authority under the Constitution
and asks the Senate to disregard what
has been done by the House, and steps
in and gives notice that he singly and
alone has done what he was unauthorized
TO do. He takes this matter out OF the
consideration OF Congress, and places 1t
in the hands of himself and a partisan
branch OF the Congress Of the United
States"
Senator Lodge declared that the Presl-
dent, in giving notice to Russia of the
termination of the treaty, did what had
been done by his predecessors. President
Lincoln in 1864 notified England OF the
intention of the United States to terni-
nate the Rush-Bagot treaty Of 1917.
After President Lincoln had done
this" said Mr.. Lodge, 1.-The two Houses
IL aNNn
Senator Culberson doubted, however,
whether Senator Lodge could point to an
instance where a President had acted
regardless OF CongrAs, after one branch
OF Congress had passed resolution, as
in this case. Senator Lodge declared that
this very thing had happened in the case
of the termination of the ush-BagOt
treaty. A resolution proposing the termi-
nation of the treaty was passed by the
House OF Representatives in 1853. but no
attention was paid to it either by the
Senate OF President Lincoln. The follow
ing year, however. President Lincoln,
without preliminary authority from either
House, gave notice of the termination OF
the treaty. and subsequently both Houses
ratified the notice ''as If the same had
been authorized by Congress"
Subsequently, President Lincoln with
drew this notice without reference to
either House, and the agreement has been
recognized by both governments as sub
sisting. and is now the law of the land.
President Has Authority.
Senator Lodge pointed out also that
President Mckinley. in 1899. notified the
Swiss government OF the termination Of
certain clauses in our treaty with Switzer-
land. Those clauses were terminated,
and President Mckinley never asked for
the approval of Congress and never re-
ceived It. Switzerland, however, accepted
the notice as final.
The President" said Senator Lodge,
has entire authority to give that notice
and TO ask for the approval of Congress
or the approval OF the Senate. He takes
the view which is held by very many of
the best judges, that the treaiy-making
power IS entirely able TO terminate a
treaty which carries with 1t no legisla-
ton, and the President did nothing I'M
usual by this action.
The committee felt that the House
having passed a joint resolution and the
joint resolution being before the Senate
and before the committee by reference,
it was a matter OF courtesy and comfy
TO the House to afford 1t an opportunity
to act upon this joint resolution. and the
committee has accordingly done so.
Il deeply regret that any objection
should have been made and that the
matter should have been thrown over for
4 day, because this is question of haste.
We are approaching very near the first
of January. and If that notice is not ef
fective before January /. it throws the
termination of the treaty over for two
years. Therefore. it is Of the utmost
Importance that We should act now, II
we desire to terminate the treaty, as we
all do. and when We are drawing so near
IN ba 10
limit expires, II is not well to waste any
time"
Senator Lodge gave notice that he
would call up the resolution the first
thing this morning.
The meeting of the Senate Committee
on Foreign Relations, which preceded the