314 WRIGHT— POWER TO MEET RESPONSIBILITIES. 



President Cleveland said in his message to Congress of February 

 3, 1896 :«3 



" Without discussing the question of the liability of the United States for 

 these results, either by reason of treaty obligations or under the general rules 

 of international law, I venture to urge upon the Congress the propriety of 

 making from the public Treasury prompt and reasonable pecuniary provision 

 for those injured and for the families of those who were killed." 



By an act of June 30, 1896, Congress provided:^* 



" To the Italian Government for full indemnity to the heirs of three of its 

 subjects who were riotously killed, and to two others who were injured 

 in the State of Colorado by residents of that State, ten thousand dollars." 



Where appropriation has been required for the execution of 

 treaties. Congress has never failed to act^^ but has asserted a right 

 to exercise discretion. Thus a house resolution of 1796 relating 

 to the Jay treaty states : ^^ 



"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 a law or laws to be passed by Congress; and it is 

 the constitutional right and duty of the House of Representatives in all such 

 cases Ito deliberate on the expediency or inexpediency of carrying such treaty 

 into effect and to determine and act thereon as in their judgment may be 

 most conducive to the public good." 



This attitude though virtually repeated on several later occasions 

 has not been generally approved outside of the House of Rep- 

 resentatives and undoubtedly a moral obligation to make the appro- 

 priation exists. ^^ 



S3 Richardson, Messages, 9: 664; Moore, Digest, 6: 843. 



^■* Moore, Digest. 6: 843. In later appropriation acts for similar claims 

 Congress paid " out of humane considerations and without reference to the 

 question of liability, therefor," ibid., 6: 845, 849. See also report of Senator 

 Lodge, 1901, ibid., 6: 852. 



85 Appropriation acts for this purpose are listed, Crandall, op. cit., p. 179. 



86 Annals, 4th Cong., ist sess., p. 771. The resolution was affirmed with- 

 out debate in 1871. Cong. Globe, 426. Cong., ist sess., p. 835; Wharton, 2: 19; 

 Moore, Digest, 5: 224; Crandall, 165 et seq.; Wright, Ant. Jl. Int. Law, 12: 

 66. See also Gallatin to Everett, Jan., 1835, Moore, Digest, 5 : 232. 



8^ Crandall, op. cit., p. 177; Willoughby, op. cit., p. 483; Dana's Wheaton, 

 sec. 543; Wharton, Digest, 2: 67-68; supra, sec. 59; infra, sec. 256. 



