The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-10-20
TREATIES IN THE HOUSE.
Factors in International Affairs OBJ.
secured by the Senate Debate.

To THE EDITOR OF THE SUN-Sir: The
acrimony of debate in the Senate upon
the treaty of peace has obscured the
fact that the House OF Representatives
may play no unimportant part with re-
spect to the execution OF the treaty.
Although the House of Representatives
can have no agency in making treaties,
when a treaty stipulates regulations on
any OF the subjects submitted by the
Constitution to the power of Congress It
must depend for its execution as TO such
stipulations on the law or laws to be
passed and the House has consistently
maintained that y is its constitutional
right and duty IN all such cases to de-
liberate on the expediency or inexpe-
diency OF carrying such, treaty into eff
feet and to determine and act thereon
as in their judgment may be most con-
ducive to the public good. Such is the
tenor of resolution adopted April 20.
1871.
In considering the appropriation under
the Alaska purchase treaty with Russia
in 1865 the Foreign Affairs Committee Of
the House reported that the House would
be justified in declining to pass laws for
the execution OF treaty which should
change the character of the Government ::
bring into the Union and confer political
powers on populations incapable OF self
government; ALLEVIATE territory surrender
political power to any other Government :;
bind the Government to engage in wars
OF other nations or surrender the rights
OF the nation on the high seas: re-
establish slavery; annul the institution of
marriage or interdict the Christian re-
ligion. blinds Precedents. vol. 2. sec.
5000
The House has frequently requested
the President TO lay before II information
relative TO the negotiation OF treaties
and such requests have been complied
with. notably in 1922 by President Mon
roe. concerning the Treaty Of Client.
During the service OF J. Randolph
Tucker of Virginia in the House he
made plain on numerous occasions the
position OF the House that the power
to make treaties is bounded ny the same
limits which are prescribed for the au-
thority delegated to the United States
by the Constitution. and that the treaty
making power cannot extend to what is
unauthorized or forbidden by the Con-
stitution.
AS late as 1903 Senator Spooner dur
ing debate declared that although the
President and the Senate alone possessed
the treaty making power a treaty re-
curing acts of Congress In les execution
would remain executory until legislation
originating in the House had given effect
to It; and quoting Wheaton, that a
treaty may be considered as imperfect
in its obligation until tho national assent
has been given l.! TO case required by
municipal Constitution, He quotes Jus
tice Mclean in the cas- of Turner VS..
American Baptists Union as saying that
while treaty is declared to be the
supreme law OF the land. this applies
only where the aid of Congress is not
needed: that II cannot be the supreme
law of the land where the concurrence
OF Congress Is necessary 20 give II effect
When one considers the numerous acts
OF Congress required to carry the Treaty
of Versailles Into operation through the
creation of offices and the appropriation
OF moneys. it cannot be doubted that the
whole question OF the rightful extent OF
participation OF the House In the execu-
ton of treaties will press for serious
discussion. STERLING e EDMuNps.
ST. LOUIS. No. October Is.