New-York daily tribune., 1844-07-01
The German Trenty.

on the part oi the Gcrmanlc Customs L Unlon and
the United States, which was laid before the Sen.
ate for ratification, has not, so far as we arc
aware, been published entire. The Senate, as wc
anticipated from the time It's purport became
known, has declined to Eat!iy ii. on the ground
that Ii Is an undue interference with the powers
nI Congress 10 regulate c0mmerce and establish
revenue laws. The National Intelgencer of
Wednesday publishes the report Of the Senate
Committee on Foreign Relations upon the treaty,
in which they express the opinion that the SEN
ate ought rot to advise and consent to the ratifi-
cation" This report was accepted. 1t embraces
the first article of the Treaty, consisting Of that
part of it which stipulates lor the reduction the
established rates OF Duty in favor of certain spe.
Gifted articles Of German manufacture. These
are more numerous and extensive than has been
generally supposed. The report is as follows:
The Committe on Foreign Relations, to whom
was referred the message of the President Of the
United States, transmitting commercial con-
v,ntion between the United States and Pfusat
and the other States of the Germanic Cont.dera.
ton of Customs and Commerce, and 10 whom was
referred the SAID convention, report:
That the Senate ought not to advise and con-
sent to the ratification of the convention aiore-
said.
In submitting this report, the committee do not
| think it necessary to say anything Oh the general
object sought to be accomplished by the convcn-
ton, or on the details Of the actual arrangement
nor to attempt to determine, by the weight and;
measure of the reciprocal concessions, which Gov
| SC boc rbn hog oG tha
lion. These subjects have not escaped their no
tcc but they propose to confne themselves to a
very briefexhlblion Of another and single ground,
| upon which, without reference to the particular
merits of the treaty. they advise against It's ratf
| cation.
The committee, then. are not prepared to sane
ton 80 large an innovation upon ancient and uni
form practice in respect of the department Of
Government by which duties on imports shall be
| imposed. The convention which has been su5-
m;ted to the Senate changes duties which have
been laid b. law. 1t changes them either er d.-
rscto, and by its own vigor, or it engages The
faith of the nation and the faith Of the Legisla-
turc, through which the nation acts, 10 make the
change. In either aspect, it is the President and
Senate who, by the ns,rumentality of negotiation,
repeal or materially worry roc, uatons nf commerce
and laws of revenue which Congress had Or
dained. More than this : the Executive depart
ment bv the same instrumentality of negotiation,
places it beyond the power of Congress to exceed
the stipulated maximum of lmpost duties for at
least three years, whatever exigency may inter
vene to require IT,
In the Judgment of the committee, the Legis,
ature is the department of Government by which
commerce should be regulated and laws Of reve-
nue. be passed The Constitution IN terms COM
muncates the power to regulate commerce and
to impose duties to that department. 1t commu-
ncatcs il, in terms, TO no other. Without en-
gaeing at all in an examination of the extent.
limits, and objects of the power 10 make treaties,
the committee believe that the general rule OF our
| system is indsputaoly, that the control OF trade
and the functions of taxing belong, without
,brdgement or participation, To Congress. They
infer this from the language of the Constitution.
| from the nature and principles OF our Govern
III ent from the theory of republican liberty ITSELF
| from The unvaried practice, evldtncng the uni
VI rsal belief of all, IN all periods, and OF all phr-
lies and opinions. They think. too, that, AS the
general rule, the representatives of the People,
sitting in their legislative capacity, with open
doors, under the eye OF the country, communlca.
ting freely with their constituents, may exercise
this power more lntellgenlly, more dlscrcctly
|
formation concerning the employmenis and the
| interests on which this description ot measures
will press; and may better discern what true
policy prescribes and rejects than is within the
G impotence of the Executive department vi the
Government.
To follow, not to lead TO ful6l, not to ordain
the law 10 carry into effect, by negotiation and
compact with foreign Governments, the legisla-
tive will, when 1t has been announced, upon the
great subjects of Trade and Revenue, not TO inter
pose with controlling inhuence-rot to go for
ward with too ambitious enterprise; these seem
to the committee to be the appropriate functions
of the Executive.
Holding this to be the general rule upon the
subject, the committee discern nothing IN the
circumstances OF this case-nothing IN the object
to be attained or in the difficulties in the way oi
attaining (which should induce departure
from the rule. If Congress think the proposed
arrangement beneficial one, 1t IS quite easy To
pass a law which shall impose the rates OF duties
contemplated by it, to take effect when satlsiac-
rory information is conveyed to the President that
the stipulated equivalents are properly secured.
Upon this single ground, then, the committee
advise that the treaty be rejected. 1t may help
to reconcile the Senate to this conclusion if they
add that they do not regard the stipulated con.
cessons of the foreign contracting Power as in
any degree equivalent to the considerations by
which we obtain them. Against the imposition
of duty on Cotton, and against the enhance
lnent of the duty on Rice, we have in the enlght.
cned self.interest of Germany all, or almost all
the security, which we could have in her plight.
ed faith, sacred and inviolable as that would
ever be.
The gain to the United States is confined to a
restriction OF the duty on Lard to l37 cents on
the ccntncr, measure of weight equivalent to
ll3 pounds; and the reduction of the imposition
on Tobacco in leaf of about cent, and on the
stems of tobacco of cent and third per pound
On liberal estimate of the addition which nigh;
be expected in the consumption of tobacco from
this rate of reduction of Duty in the States OF the
Zo Verein, it cannot be counted as extending
beyond few thousand-say from five to SIX
thousand hogsheads a year. This estimate is
formed on the rate of progression foT some years
past of the export of Tobacco from the United
States to Germany. The price of Tobacco, nde-
ii