onsent of Congress should be given to the said stipulations before
the same can have full force and effect." There was no mention of the
Senate's ratification, merely a reference to the fact that "the
President has entered into a treaty with the Emperor of Russia, and
has agreed to pay him the sum of seven million two hundred thousand
dollars in coin." The House by this preamble evidently claimed that
its consent to the treaty was just as essential as the consent of the
Senate,--that it was, in short, a subject for the consideration of
Congress.

The Senate was unwilling to admit such a pretension, especially when
put forth by the House in this bald form, and therefore rejected it
unanimously. The matter was sent to a conference, and by changing the
preamble a compromise was promptly effected, which preserved the rank
and dignity of both branches. It declared that "whereas the President
had entered into a treaty with the Emperor of Russia, and _the Senate
thereafter gave its advice and consent to said treaty, . . . and
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;_ therefore be it enacted that there be appropriated the
sum of $7,200,000" for the purpose named. With this compromise the
bill was readily passed, and became a law by the President's approval
July 27, 1868.

The preamble finally agreed upon, though falling far short of the one
first adopted by the House, was yet regarded as a victory for that
branch. The issue between the Senate and the House, now adjusted by a
compromise, is an old one, agitated at different periods ever since
the controversy over the Jay treaty in 1794-95. It is simply whether
the House is bound to vote for an appropriation to carry out a treaty
Constitutionally made by the President and the Senate, without judging
for itself whether, on the merits of the treaty, the appropriation
should be made. After the appropriation required under the Jay treaty
had been voted by the House, that body declared in a resolution which
was adopted by _ayes_ 57, _noes_ 35, "that it is the Constitutional
right and duty of the House of Representatives, in all such cases, to
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." But that was the
declaration of the House o