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election law, conducted a fair election, and turned that
government over to the officers elected under the Constitution
of Cuba. There were some mutterings by Senators that under
the Platt Amendment, Congress only could decide to take action.
However, the matter never reached the adoption of a resolution.
Congress appropriated the money needed to meet the extraordin-
ary military and naval expenditures required, and recognized
the provisional government in Cuba in such a way as to make
the course taken a precedent. " (Taft, op. cit., p. 88.)
C. Under the treaty with Colombia
Another example is offered by President Cleveland's
intervention in Panama in 1885. In a treaty of 1846 the govern-
ment of Colombia (then New Granada) had guaranteed to the United
States that the right of way across the isthmus of Panama should
be open and free, and the United States in return had guaranteed
to protect the neutrality of the isthmus and the sovereignty of
Colombia over it. (Treaties, etc. Senate Doc. No. 357, 6lst
Cong. 2nd sess. , vol. 1, p. 312.) Civil war broke out in
Colombia, and Clevoland sent troops to keep open the passage
across the isthmus. There was no Congressional authorization
for this act. President Cleveland explained to Congress that
it was taken under the treaty and "in aid of the sovercignty
of Colombia. " (Message to Congress, Dec. 8, 1885. Richardson,
op. cit. VIII, (p. 326).
In 1901, , 1902, and 1903, President Theodore Roosevelt
sent troops to Panama to protect this same treaty right.
d. Treaty Need Not Be Explicit
It should be noted that neither of these treaties
by its terms explicitly required the United States to send
troops. Nevertholess, the President, in his discretion, found
that the purposes of the treaty could best be served, in the
particular circunstances confronting him, by sending troops.
In the international field, the President has the duty to carry
out not only the letter but the spirit of the nation's treaties.
Otherwise, the foreign policy of the United States is likely
to
be frustrated.
The Supreme Court in the urtis-Wright case (299 U. S.
304) clearly laid down these principles of broad interpretation
with respect to the exercise of Presidential authority in foreign
affairs under federal statutes. It said:
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"ocrText": "- 19 -\nelection law, conducted a fair election, and turned that\ngovernment over to the officers elected under the Constitution\nof Cuba. There were some mutterings by Senators that under\nthe Platt Amendment, Congress only could decide to take action.\nHowever, the matter never reached the adoption of a resolution.\nCongress appropriated the money needed to meet the extraordin-\nary military and naval expenditures required, and recognized\nthe provisional government in Cuba in such a way as to make\nthe course taken a precedent. \" (Taft, op. cit., p. 88.)\nC. Under the treaty with Colombia\nAnother example is offered by President Cleveland's\nintervention in Panama in 1885. In a treaty of 1846 the govern-\nment of Colombia (then New Granada) had guaranteed to the United\nStates that the right of way across the isthmus of Panama should\nbe open and free, and the United States in return had guaranteed\nto protect the neutrality of the isthmus and the sovereignty of\nColombia over it. (Treaties, etc. Senate Doc. No. 357, 6lst\nCong. 2nd sess. , vol. 1, p. 312.) Civil war broke out in\nColombia, and Clevoland sent troops to keep open the passage\nacross the isthmus. There was no Congressional authorization\nfor this act. President Cleveland explained to Congress that\nit was taken under the treaty and \"in aid of the sovercignty\nof Colombia. \" (Message to Congress, Dec. 8, 1885. Richardson,\nop. cit. VIII, (p. 326).\nIn 1901, , 1902, and 1903, President Theodore Roosevelt\nsent troops to Panama to protect this same treaty right.\nd. Treaty Need Not Be Explicit\nIt should be noted that neither of these treaties\nby its terms explicitly required the United States to send\ntroops. Nevertholess, the President, in his discretion, found\nthat the purposes of the treaty could best be served, in the\nparticular circunstances confronting him, by sending troops.\nIn the international field, the President has the duty to carry\nout not only the letter but the spirit of the nation's treaties.\nOtherwise, the foreign policy of the United States is likely\nto\nbe frustrated.\nThe Supreme Court in the urtis-Wright case (299 U. S.\n304) clearly laid down these principles of broad interpretation\nwith respect to the exercise of Presidential authority in foreign\naffairs under federal statutes. It said:"
}