Evening star. [volume] (Washington, D.C.) 1854-1972, 1920-09-25
PRESIDENT SPURNS
LAWPR0v|D|NGFOR
OF TREATIES.
Declares Congress Exceeded
Authority in Giving Trade
Pact Directions.

oVS I'll VVStOlI0s
In statement made public by the
State Department President Wilson
formally announces that he will not
take steps toward termination of GER
tain commercial treaties as is direct
ed in the merchant marine act which
was passed at the last session of Con-
gress and signed by him.
Explaining his attitude, the Presi-
gent holds that the termination Of the
treaties in question would be wholly
1rreconcilable with the historical re-
spect which the United States has
shown for its international engage
mentS."
Says Authority Exceeded.
In declining to comply with the di =
rectlons of the act the President also
neld that Congress exceeded it's au-
thor1ty in giving such directions. Sec
rotary Colby is quoted in the an
nouncement as supporting the Presi
dent on this point, citing as a prece-
dent the action of President Hayes in
1879 in refusing the demand of Con-
eress that treaty with China be abb
rogated. The power of modifying
treaties. President Hayes held. is not
lodged by the Constitution in Con-
gress
Termination of the thirty-two treaties
ailected by the act, the President was
said to have held, would amount to
notnlng less than the breach or viola
tlon OF said treaties, which =
cover every point of contact and mutual
dependence which constitute the modern
relations between friendly states
Decision Is Explained.
IN explanation of the Presidents Sig
nature of the act and his SUBSEQUENT
decision to refuse to comply with ito
directions as regards Termination Of the
treatles, the announcement said that ito
nave vetoed the act would have sacri-
need the great number of sound and
enlightened provisions, which it un-
doubtedly contains"
me purpose of the merchant marine
special assistance to ships flying the
american flag and to help Americans in
their competition for foreign trade.
me statement made public by the
state Department. in which it is Off
cially announced that President viii
son mas oecilned to terminate certain
foreign treaties as Is directed by the
merchant marine act, follows:
Inc department of State has been
INFORMED by the President that he
does not deem the direction, con-
ia med in section "a of the so-called
merchant marine act, an exercise of
any constitutional power possessed
by the Congress
Under the provisions of the section
referred to. the President was di-
rected, within ninety days after the
act became law, to notify the several
governments with whom the United
states mas entered into commercial
terminate SO much of said treaties. as
restricted the right of the United
states to impose discriminating Gus
toms duties on imports and dis
crlminatory tonnage dues, according
as the carrier vessels were domestic
or foreign. quite regardless of the fact
that these restrictions are mutual.
operating equally upon the other gov
ernmenfs which are parties to the
treaties, and quite regardless also of
the further fact that the treaties con-
tain no provisions for their termina-
Iion IN the manner contemplated by
Congress.
"Termination" Misleadinx.
The President. therefore, considers
II misleading to speak of the "termi-
nation of the restrictive clauses of
such treaties. The action sought to
De imposed upon the executive would
amount to. nothing less than the
preach or violation of said treaties.
which are thirty-two in number and
cover every point Of contact and mu-
tual dependence which constitute the
modern relations between friendly
states
Such a course would be wholly ir-
reconcilable with the HISTORICAL re-
spect which the United States has
shown for International engagements,
and would falsify every profession Of
our belief In the binding force and the
reciprocal obligation Of treaties in
general.
Secretary Colby Comments.
Secretary Colby. commenting on
the point made by the President. that
Congress had exceeded its powers.
called attention to the veto by Presi-
dent Hayes of an act passed by Con.
gress in 1879 which required the
President to give notice to China of
the abrogation of articles and s of
the Burlingame treaty. President
Hayes declared that The power of
making new treaties or of modifying
existing treaties is not lodged by the
Constitution in Congress, but in the
President, by and with the advice and
consent of the Senate, as shown by
the concurrence of two-thirds of that
BODY. On this subject, as well as the
effect of an attempted partial abro-
CATION OF a treaty. as contemplated by
the recent act, the words of President
Hayes are significant. Said he:
Quotes President Hayes.
las the power of modifying an
existing treaty. whether by adding or
striking out provisions, Is a part OF
the treaty-making power under the
Constitution, its exercise is not COM
petent for Congress-, nor would the
assent of China to this partial abro-
cation of the treaty make the action
of Congress, in thus procuring an
amendment of a treaty, a competent
exercise of authority under the Con-
stitution. The Importance however of
this special consideration seems SUI
perseded by the principle that q de-
nunciation of part of a treaty, not
made by the terms of the treaty itself
separable from the rest, is a denun-
citation of the whole treaty. AS the
other high contracting party has en-
tered into no treaty obligations except
such as include the part denounced,
the denunciation by one party of the
part necessarily liberates the other
party from the whole treaty
'"The merchant marine act was ap-
proved June S. in the final rush of
the sessions close. with no opportu-
nifty to suggest, much less secure, its
revision in any particular To have
vetoed the act would have sacrificed
the great number Of sound and en-
lightened provisions which it un-
doubtedly contains. Furthermore, the
fact that one section of the law in
wolves elements of illegality render
ing the section imperative, need not
affect the validity and operation of
the act as whole
ALLEN TO ACCEPT FUNDS.