The Washington times., 1913-05-23
S|SSON DEFENDS
ANTFAL|EN LAW
Congressman Delivers Wilson.
lied Speech, Saying Cali.
tornia Is Right in Stand.
Continued from First Page

Continued from First Page1
talk solely on the legal aspects of the
matter.
The fiery Mississippi Democrat, how
ever. did not tone down his speech
to mere recital of precedents. the
law. and the history of treaty making
occa sionally he energetically con-
tended that California's position was
unassailaSle. and he refused to see
In such a statement an invitation to
war.
No War Declaration.
1T is no declaration of war for this
Government To decline to override the
rights of sovereign State at the die
tation of a foreign power" he said III
the United States, with its army and
navy and with brute furce-superior to
any one Of these States-shouid take
away from the State the right to con-
troll It's domestic concerns and dellve,
the State over to the mercies of q
food of aliens from any nation. then
maintain the Federal Government ha.
prostituted Its authority. Is the mere
announcement Of this principle dec,
laration Of war;
fense that there is nothing further
from my mind than to embarrass OF
tend to render more difficult the Teaoe-
ful solution of whatever differences
real or imaginary. may exist between
the friendly government Of Japan and
our own Government
He commended efforts now being
made to maintain existing peaceful! re-
lations. My judgment is" he cen
tinued. that 1t requires only patience
and cool heads for both countries to
arrive at an amicable, fair ard jus'
settlement Of all differences"
Treaty-Making Power.
Mr.. Sisson took the position that the
treaty-making power Of nation is no,
unlimited when it may invade the In.
herent rights of a State. He quoted
such authorities as Patrick Henry, Pres
idents Madison and Jefferson and other
international law authorities. contendine
that since the timely death Of the Fed
eralist party, no party has been found
to champion the view that the power
to make a treaty was absolute and un-
conditional
He said that a treaty cannot take
away essential liberties secured by the
Constitution to the people. "A treaty
cannot bind the United States to do
what the Constitution forbids them to
do. We may suggest a further limita-
tion,' he said. "A treaty cannot COM
pei any department of the Govern
mits to Its exclusive and absolute will.
On these questions the true canon of
construction. that the treaty making
power in its seeming absoluteness and
unconditional extent is confronted with
seemingly absolute and unconditional
authority vested in the judiciary. Each
must be construed and conditioned upon
the equally clear power vested in the
other.
Limitation Good Thing.
Il have no doubt that It would be
more convenient with foreign nations II
they only had to deal with the Pres!-
dent as with an absolute monarch, and
sometimes It would be less troublesome
II the President could close the con-
tract but human liberty has suffered
too much in the past to entrust Zach
power to one man. II would be much
easier IL only the Senate had to he
consulted as to all treaties because they
could be more easily entered into.
But Americans are unwilling to be
taxed by the President and Senate
alone. They are also unwilling 10 have
the Treasury doors opened at the be-
hest of the President and the Senate
Our Constitution is a mockery II tine
unlimited and unrestrained power is
vested In a portion OF our Federal Gov
eminent"
Mr.. Sisson said the fathers did not
foster a mockery nor practice a Fraud
upon their posterity. He pleaded for
the open door on treaty sessions Of the
Senate.
If the President and Senate can
make such a treaty let's tear down
every door of secrecy. Let us require
the President to publish every letter and
telegram bearing upon a contemplated
treaty. Let the treaty as agreed upon
by him be sent TO the Senate and print
ed in the journals and records. Let the
press have IL when the Senate gets II.
Let the cloture OF the Senate be re-