The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1912-03-04

for the Presidency, It Is entitled to
patient, II not reverential, considera-
ton. II MIR. Bryan had devoted as
much OF his time to reading the Con.
stitution and the decisions Of the high.
er courts in its Interpretation as he
has to assaults upon the integrity OF
these high tribunals, he would have
known that the article of the Con-
stitution in question had been many
times passed upon by the Supreme
Court. And whenever, Mr.. Speaker, the
Supreme Court has shed light upon
the provision of the Constitution under
consideration, 1t has made It plain that
there is no warrant in the Constitution
for interference on the part of Con-
gress with the powers and duties OF
the Executive But l shall not rely
upon the decisions of the Supreme
Govt of the United States. l am not
unaware of Mr.. Bryan's contempt for
that august tribunal. One of the early
Congress ses of the United States pass.
ed a resolution very similar to the
Cullop amendment. That resolution
was drawn under the identical section
of the Constitution with which the
Cullop amendment sought to DEAL
George Washington was President. His
message to Congress declining to re-
spect the demands of the resolution is
a fitting answer to Mr.. Bryan's article,
and | quote the exact language.
The message from which Mr.. Dies
quoted related to a resolution of the
House of Repreg entatives of March
"a, 1886, requesting a copy of the in.
structions to the minister of the United
States who negotiated the treaty with
Great Britain, together with the cor
respondence, etc Following is por-
tion of the extract:
Having been a member Of the gene.
raj conventional and knowing the prin.
ciples on which the Constitution was
formed, l have ever entertained but
one opinion on this subject; and from
the first establishment of the Govern.
ment to this moment my conduct has
exemplifed that opinion-that the
power OF making treaties in exclusive
ly 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 thence
forward became the law of the land.
1t is thus that the treaty-mal;ing power
has been understood BY foreign ma.
tions, and in all the treaties made by
them we have declared and they have
believed that, when ratified by the
President with the advice and consent
of the Senate, they became obligatory,
In this construction OF the Constitution
every House Of Representatives has
heretofore acquiesced, and till the
present time not doubt or suspicion
| has appeared, to my knowledge, that
this construction was not the true one,
/ Nay, they have more than acquiesced;
for till now, without controverting the
obligation Of such treaties, they have
made al the requisite provisions for
carrying them into effect.
"As therefore 1t is perfectly clear to
my understanding that the assent Of
the House Of Representatives is not
necessary to the validity of a treaty;
90 the treaty with Great Britain OK
hibi,s in itself all the objects requir-
ing legislative provision, and on these
the papers called for can throw no
! light, and as it is essential to the due
administration of the Government that
The boundaries fixed by the Consutu.
ton between the different departments
CONTINUED on page twelve.)