Ask the Scholar

Page 21 of 44
I can add historical knowledge about this page.

Page image

Page 21

OCR

- 19 - 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:

Page data

Page
21
Source index
0
Type
photo
Media ID
39b1dab3d5bbcc04
Size
unknown

Document data

ID
159441220
Core
doc
Type
document
DTO data
{
    "id": "159441220",
    "sourceUrl": "https://catalog.archives.gov/id/159441220",
    "contentType": "document",
    "title": "Memorandum, Powers of the President to Send the Armed Forces Outside the United States (B)",
    "citationUrl": "https://catalog.archives.gov/id/159441220",
    "collections": [
        "President's Secretary's Files (Truman Administration)",
        "General Files"
    ],
    "iiifBase": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/truman/hst-psf/602190/876515/876515-04-01.jpg",
    "thumbnailUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/truman/hst-psf/602190/876515/876515-04-01.jpg",
    "largeImageUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/truman/hst-psf/602190/876515/876515-04-01.jpg",
    "imageCount": 44,
    "hasImages": true,
    "source": "import",
    "hasTranscription": false
}

Context sent to Scholar

Document identity
{
    "localId": "159441220",
    "label": "Memorandum, Powers of the President to Send the Armed Forces Outside the United States (B)",
    "core": "doc",
    "dtoType": "document",
    "citationUrl": "https://catalog.archives.gov/id/159441220"
}
Document source metadata
{
    "id": "159441220",
    "sourceUrl": "https://catalog.archives.gov/id/159441220",
    "contentType": "document",
    "title": "Memorandum, Powers of the President to Send the Armed Forces Outside the United States (B)",
    "citationUrl": "https://catalog.archives.gov/id/159441220",
    "collections": [
        "President's Secretary's Files (Truman Administration)",
        "General Files"
    ],
    "iiifBase": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/truman/hst-psf/602190/876515/876515-04-01.jpg",
    "thumbnailUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/truman/hst-psf/602190/876515/876515-04-01.jpg",
    "largeImageUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/truman/hst-psf/602190/876515/876515-04-01.jpg",
    "imageCount": 44,
    "hasImages": true,
    "source": "import",
    "hasTranscription": false
}
Document source extras
{
    "url": "https://catalog.archives.gov/id/159441220",
    "naId": 159441220,
    "levelOfDescription": "item",
    "productionDates": [
        {
            "day": 16,
            "logicalDate": "1951-02-16",
            "month": 2,
            "year": 1951
        }
    ],
    "recordType": "description",
    "ocrSource": "nara-archive"
}
Page context
{
    "seq": 21,
    "pageIndex": 0,
    "type": "photo",
    "url": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/truman/hst-psf/602190/876515/876515-04-21.jpg",
    "mediaId": "39b1dab3d5bbcc04",
    "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:"
}