New-York daily tribune., 1843-06-24

Gates IN two distinct aspects. Accordlh9 ~
some it IS. IN effect, to make tariff by treaty
according to Others it is to do the same thIDg oY
commercial arrangement Every Tantt Act
OF importance which we have ever passed, mas
been enacted by very small majority III eactl
branch Of Congress. One vote earned the ann
Act of 1924 and one vote IN each lloIse ol
Congress carried The Tariff Act OF loi2 et
each member who voted for those acts, hile" al
the trne he gave his vote. that inc dct ne Foled
for was like anv other law OF congress, capable
Of being repealed, If found TO be injurious IN It's
oneration. and capable of being revised, modified
and altered at any time to come II the exgencles
of the country should require ii. The Congress
men who passed these laws, were not called upon
to vote for perpetual Tariff, or one which could
not be amended without the consent Of England.
With perfect consciousness that they could
in future correct any error thus made. vet we see
that, in almost every instance, II was found i'm
possible to allay the ealousics and fears, or ap-
pease the animosites and riyaries OF the multiia-
rious interests conflicting with each other III the
different sections of our great and greatly grow
ing country. And in consequence Of this in eve
~ instance. they passed their Tariff law, the
most important OF all laws to the nation, BIZ the
smallest possible majority. During the session Of
with an opportunity of infusng all his opinions
into the public counsels on this subject, quite as
ample as he or anv other man can expect 10 be
INDUCED IN, who shall undertake the mghtv Ia
Dor of reconcile Congress to another 1ariff under
the name Of Commercial Treaty. He knows
well that while the Senate Of the United States
could be induced to pass Tariff, after mang
months labor by majority Of only one vote, ne
or any other who shall undertake practically TO
carry out this new project. now has TO obtain the
assent of two-thirds of that Senate to any mod
fication of that Tariff which shall be established
by treaty. Docs any advocate Of this eXper-
ment expect to obtain the requisite constitutional
majority of two-thrds to any Tariff in the shape
Of Treaty which the wit of man could possibly
suggest ANY one who has had experience in
the public councils, Will pronounce the scheme OF
a Treaty Tariff. to which two-hirds Of the
scmbled Senators OF the Z. States must assent
before it is ratified and confirmed, TO be utterly
and absolutely impractcabIe, not to say impoSsl-
bic But let us suppose that the requisite MAJOR
ity Of two-thirds could be obtained. The ques-
ton then arise. what is the effect OF the treaty
when made The constitution Of the L. States
coniers upon the Congress- of the u. States mot
upon the President and Senate the power to lay
ilnpost duties. 1t gives to the President and Sc
nate the power to make treaties. Is 1t pretended
by any one that the trcatv-malllng power can su-
persedc or annihilate the express grant OF the lc
gislative power conferred by the same instrument,
to make and repeal Tariff laws TO modify, to
amend, and alter toem at pleasure? On such
subject, it can hardly be necessary to turn the m
tciligent reader to an authority on Constitutional
Law. Mr.. Story, in his Commentaries on the
Constitutions vol. 3, chap. 81, 1902, speaking
in reference to this subject, says:
I" The power to make treaties, is, blythe Con-
stitution, general; and of course it embraces al!
sorts Of treaties for peace or war; for commerce
or territory for alliance or succours; for lndem-
nifty for injuries or payment Of debts; for the
recognition and enforcement Of principles of pub
lie law; and for any other purpose which the
policy or interests of independent sovcrcigns may
dictat2 in their intercourse with each other. But
though the power IS thus general and unrestricted,
it is not to be SO construed to destroy the fun
damental laws of the State. power given by
the constitution cannot be construed to authorize
destruction of other powers given IN the same
instrument 1t must be construed, therefore, in
subordination to it, and cannot supersede or IN
tericrc with any other of its fundamental pro-
visions. Each is equally obligatory, and of para
mount authority within its scope; and no one
treaty TO change the form of the government. or
annihlatc It's sovereignty, to overturn Its republ
can form, or to deprive us of It's constitutional
powers, would be void because it would destroy
what it was designed merely to fulfil, the will OF
the people"
do not understand, from the latest version OF
Mr.. Webster's Baltimore Speech winch | have
seem that he desires to be considered cOntro-
verting this doctrine. On the contrary ! under
stand him expressly to admit that, without the
assent and actual cooperation OF Congress, by
some legislative act modifying the Tariff and re-
ducing the duties to suit the stipulations IN the
proposed commercial arrangement the latter
would not be obligatory as Constitutional
modification of the Tariff. In such a case, the
arrangement modifying the Tariff. would owe all
It's efficacy, so far might 90 TO establish new
duties, or to repeal old ones, to the act of Con-
gress to be passed in pursuance OF It Does any
man believe that the House of Representatives,
could possibly he induced 10 pass act confirm
ing the arrangement, under the impression that
such an act would never be repealed by the Repre-
sentativcs of the People without breach of na-
tional faith, unless England asSented to this
change
Mr. Webster, in his speech, every where pre-
sentS as his leading idea, that one OF the pnncl-
pal benefits to be anticipated from the proposed
commercial arrangement with England. would be
the permnneRcy of the Tariff thus to be esta5
lishcd He holds out TO the manufacturers, that,
by this means, and this means alone. they can De
Quieted IN their CLAIMS 10 protection, and exempt
ed IN future from all fear OF change IN the rates
OF duties. He pants strongly, and not without
due regard COR truth, too, the apprehen>ions OF
the manufacturers and mechanics on account OF
i - .i,.,
subject OF protection, and the vacillating policy
OF the government In this respect for many years.
And he does all tins, while he Is himself doing
more TO agltatc, to unSett!e, and to alarm every
sensible manufacturer and oncratiye IN the conn.