I9I2.] OF THE UNITED STATES. 289 



presidency of the Vice-President, a southern Democrat, after the 

 death of President Harrison, a Whig.'''* 



Again in 1868, the House of Representatives raised the question 

 as to its duties and rights respecting an appropriation for the pay- 

 ment to Russia of the purchase price of Alaska under the treaty of 

 1867. At first the House, in the Bill passed by that body, recited 

 the alleged necessity of assent by them, and then assumed to give 

 such assent. The Senate rejected the Bill and threw it into con- 

 ference. One of the House conferees in explanation of his report 

 said : 



" The Committee on the part of the Senate stated freely and frankly that 

 they could in no event consent to the preamble and that the Senate would not 

 consent, and that they held that the House was bound to carry out the stipu- 

 lations of all treaties, and that when a treaty provided for the payment of 

 money for any purpose, that such stipulation created a debt, and that the 

 House has no discretion in relation to the payment of the same, a doctrine of 

 course utterly at variance with the law and with the principles asserted in the 

 preamble as it passed the House ; and it is manifestly impossible to reconcile 

 opinions so utterly at variance upon so important a question. A majority of 

 the Committee on the part of the House could in no event consent to any 

 such doctrine so utterly subversive of the rights and constitutional preroga- 

 tives of the House. "^^ 



The Bill was finally passed containing the following recital : 



" Whereas said stipulations cannot be carried into full force and effect 

 except by legislation to which the consent of both Houses of Congress is 

 necessary.""^ 



In 1887, a proposed extension of the Hawaiian treaty had been 

 negotiated, and ratified by the Senate. The original treaty of 1875 

 had provided that it should not become effective " until a law to 

 carry it into operation shall have been passed by the Congress of the 

 United States of America." The question of the prerogatives of the 

 House in the matter was raised in that body and referred to the 

 judiciary committee. In its report that committee said: 



" The President, by and with the advice and consent of the Senate, can- 

 not negotiate a treaty which shall be binding on the United States, whereby 



™ See Senator Cullom's analysis: Congressional Record. Vol. 35, Part 

 II., p. 1081. 



■"' Congressional Globe, 40th Cong., 2nd Sess.. Part V., p. 4393. 

 '' Congressional Globe, 40th Cong., 2nd Sess., Part V., p. 4394. 



