The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-10-31
ARTICLE X. AVID CONGRESS.
The Force OF Treaty as Shown In
Our Diplomatic History.

To THE NEW YORK HERALD: The Pres
ident. Governor Cox and other pro-
Leaguers contend that ratification of
Article X. without reservation would
not deprive Congress of legislative dis
erection In making war Ito preserve
as against external aggression the ter
ritorial integrity and existing political
independence" of other States. In effect
they say a treaty concluded by the Pres
ident "by and with the advice and con-
sent of the Senate does not operate TO
bind Congress to the fulfilment OF its
obligations.
Yet the diplomatic history Of the Uni
ted States is filed with instances clearly
refuting this contention. The first one
arose over the Jay treaty of February
80, 1896. after it's ratification. requiring
an appropriation by Congress necessary
to compensate British subjects for con-
fiscations occurring during the war OF
independence.
The treaty being exceedingly unpopu-
lar. Congress hesitated to make the APP
preparation. In a special message OF
March, 1895. In reply to request for
papers, President Washington said:
Having been member of the general
convention. and knowing the principles
upon which the Constitution was formed.
have never entertained but one opinion
on this subject, and from the first estab-
lishment Of the Government to this mo-
ment my conduct has exemplified that
opinion. that the power of making treaties
is exclusively 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 making power
has been understood by foreign nations,
and in all treaties made with 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.
As. therefore. It is perfectly clear to
| my understanding that the assent Of the
| House of Representatives is not necessary
| to the validity of treaty; the treaty
| with Great Britain exhibits in itself all
| of the objects requiring legislative provi-
sion, and on these the papers called for
can throw no light, and as 1t Is essen
| tial to the due administration OF the
1
! the Constitution between the different
departments should be preserved. Just
regard to the Constitution and to the
duty of my office. under all the circum-
| stances of this case, forbids a compli-
| ance with your request.
| After acrimonious debate extending
| over nearly four months the Hous,
yielded and passed the appropriation
bill, May 6. 1895.
With the incoming of Andrew Jack.
son another case arose in which France
was vigorously assailed by the Presi
dent himself for failure to enact aux
iliary legislative measures necessary t.
execute the French spoliation claims
treaty. This treaty. providing for the
payment of 25,000,000 francs in six an
nual instruments. the first instalmen
payable one year after ratification, be-
came operative February q 1892. by ex
change of notifications.
Four years passed during which TIL,
French Chamber of Deputies refused t
make the appropriation. Jackson's con
] tention that France had violated thu
treaty was made with such vehemenc,
that diplomatic relations were severed
bringing the two countries to the verg,
OF war. In a special message to Con
gress in December. 1894, asking for au
thority to make reprisals against tn,
private property of F'renchmen In I'll,
United States. Jackson declared the Law
of nations authorized such steps in com
polling payment of a iquidated debt
In 1886 the French Chamber made TIL
necessary appropriation and friendly re
lations were restored.
The question arose again in the Alaski
purchase, where the United States b.
treaty agreed to pay to Russia $1,000,
600. The treaty was ratified by tn
Senate May 2S, 1867. The House o
Representatives again debated the ques
ton of it's discretion as to granting o
Withholding legislative aid under
treaty, finally passing the appropriation
bill, July IA, 1868, with a preamble t
the effect that the assent of the Hous
might properly be withheld in case
plainly inconsistent with the funda
mental principles, purposes or interest
of the Constitution"
1t is no longer seriously questioned Il
OuI 1OHSbitullOidi prdCtlcct HOWcNtI, TIA
treaties made by the competent author
ity are binding upon all departments o
the Government, and necessarily so 4
the United States. where they are de
clared by the Constitution to be 9TH
supreme law of the land"
The Wilson Covenant provides in sub
stance for an alliance, and treaties O
| alliance are plainly within the CONNIE
tence q the treaty making power. a
appears from the preamble of our Con
stitution. Once the national faith
pledged by treaty the legislative die
erection of Congress vanishes. 1t mus
fulfil the obligation or make "a scra
of paper" OF the treaty.
STERLING T.. EDMUNps.
ST. LOUIS, Mo-. October 30.
ADA PEHdN,C HHdpM