New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-09-25
Wilson Defiies
Congress ON
Shipping Act
Continued from page one)

point made by the President that Con-
gross had exceeded its powers, called
attention to the veto by President
Hayes of an act passed by Congress in
1879, which required the President to
give notice to China of the abrogation
treaty. President Hayes declared that
the power of making new treaties or
Of modifying existing treaties is not
lodged by the Constitution in Con-
gress, 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 we'll as the effect of an
attempted partial abrogation of a
treaty, as contemplated by the recent
act, the words of President Hayes are
significant. Said he:
Ruling of President Hayes
GAS the power of modifying an ex-
listing 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 abroga-
ton of the treaty make the action of
Congress in thus procuring an amend
ment of treaty q competent exercise
of authority under the Constitution.
The importance, however, Of this spe-
clal consideration seems superseded by
the principle that a denunciation of a
part of treaty, not made by the
terms Of the treaty itself separable
fhM Sc lot # ha
whole treaty. AS the other high con-
tracing party has entered into no
treaty obligations except such as in
clude the part denounced, the denun-
citation by one party of the part neces-
sarily liberate' the other party from
the whole treaty
"Thc merchant marine act was ap-
proved June 5, in the final rush of the
sessions close, with no opportunity to
suggest, much less secure it's revision
in any particular. TIC have vetoed the
act would have sacrificed the great
numbers of sound and enlightened
provisions which it undoubtedly con-
tains. Furthermore the fact that one
section of the law involved elements of
lllegality rendering the section inopera-
tive need not affect the validity and
operation Of the act as a whole"
Not Based on Foreign Protests
The Presidents decision to refuse to
obey the edict of Congress, it was said
at the State Department, had been
reached after the legal phases of the
situation had been fully presented to
him. 1t was said that the protests of
foreign governments against the dis
criminatory paragraphs of the legisla-
ton were not considered in reaching
the decision to refuse compliance with
the act Of Congress, and that the Presi-
dents action was solely on the ques-
ton of the consttutionality of the act
The Presidents action affects only
that part of the legislation which con-
Germs the validity of commercial
treaties. 1t was pointed out at the
State Department that to carry out the
instructions of the legislation numer-
Gus treaties would have had to be alb
rogated in their entirety, because of
the inclusion in them of some sections
conflicting with the provisions Of the
marine act.
The extent to which the govcrnme nj
would have been compelled to cancel
treaties was evidenced by LARGE chart
showing the number of treaties and
the provisions of each with which the
shipping act was in conflict. In de-
scribing the Presidents inability to
comply with the act the treaty with
China was cited The pact contains