January 18th, the Senate considered a joint resolution passed by the House of Representatives, for the termination of the treaty between the United States and Great Britain regulating the naval force on the Lakes.
The resolution, as it was passed by the House of Representatives, recited, that the Treaty of 1817, as to the naval force upon the Lakes, was designed as a temporary arrangement only, and, although equal and just at the time it was made, has become greatly unequal through the construction by Great Britain of sundry ship-canals,—that the vast interests of commerce upon the Northwestern Lakes, and the security of cities and towns situated on their American borders, manifestly require the establishment of one or more navy-yards wherein ships may be fitted and prepared for naval warfare,—and that the United States Government, unlike that of Great Britain, is destitute of ship-canals for the transmission of gunboats from the Atlantic Ocean to the Western Lakes,—and therefore proposed to direct the President of the United States to give notice to the Government of Great Britain that it is the wish and intention of the Government of the United States to terminate the arrangement of 1817, in respect to the naval force upon the Lakes, at the end of six months from and after giving the notice.
Mr. Sumner, from the Committee on Foreign Relations, reported the following substitute.
“Joint Resolution to terminate the Treaty of 1817, regulating the Naval Force on the Lakes.
“Whereas the United States, of the one part, and the United Kingdom of Great Britain and Ireland, of the other part, by a treaty bearing date April, 1817, have regulated the naval force upon the Lakes, and it was further provided, that, ‘if either party should hereafter be desirous of annulling this stipulation, and should give notice to that effect to the other party, it shall cease to be binding after the expiration of six months from the date of such notice’; and whereas the peace of our frontier is now endangered by hostile expeditions against the commerce of the Lakes, and by other acts of lawless persons, which the naval force of the two countries allowed by the existing treaty may be insufficient to prevent; and whereas, further, the President of the United States has proceeded to give the notice required for the termination of the treaty by a communication which took effect on the 23d November, 1864: Therefore,
“Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the notice given by the President of the United States to the Government of Great Britain and Ireland to terminate the Treaty of 1817, regulating the naval force upon the Lakes, is hereby adopted and ratified, as if the same had been authorized by Congress.”
The substitute was adopted, and the question was on the passage of the resolution as amended.
As appears from the amended resolution, the President had already given the notice for the termination of the treaty.
Mr. Davis, of Kentucky, opposed the resolution, on the ground that the notice to terminate a treaty can be given only by Congress,—that the President had no more power to give the notice than the Judiciary,—and that his interference with the legislative power ought to be condemned, instead of approved by adopting it.
Mr. Sumner replied, that the difference between the Senator and the Committee was of form; and he proceeded to read a communication, bearing date November 23, 1864, from Mr. Adams to Earl Russell, setting forth the grievances on our northern frontier, and giving formal notice, that, “in conformity with the treaty reservation of the right, at the expiration of six months from the date of this note the United States will deem themselves at liberty to increase the naval armament upon the Lakes, if in their judgment the condition of affairs in that quarter shall then require it.” On this note was minuted: “Delivered at the Foreign Office at fifteen minutes past six o’clock, P. M.” In considering the validity of the notice by the President, he referred to authorities, showing that a treaty, like a law, could be repealed only by the legislative power,[45] and argued that notice to terminate it must be given by the same power. Mr. Sumner further said:—