The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-09-08

In our article the repeal q the navigation laws
stated that the receipt Of the notice to thai effect from
the British government the President would be compelled
to issue his proclamation announcing that the dscrmi-
mating duties OF this country, SO far as they affect British
shipping, suspended The organ Of the cabinet con-
radics the construction which put upon the act Of
May "a 1898, and contends that the President is not
compelled issue the proclamation, but may do il not
in his discretion Ii contends that the President has this
discretionary power. because the act the word "au-
Morissd." instead Of term implying absolute compu
sion Now, do not dispute the determination of the
cabinet evidently avowed through the Republic, to
defeat the purpose and intention Of that act but do
deny the construction which they put upon il in order to
effect their purpose.
The act OF 1928 provides, that when foreign nation
shall repeal its discriminating duties SO far they affect
the Of this country, our discriminating duties
affecting the Of that nation shall be repealed
or suspended. This is the will Of Congress imboded
into law. Iteaves nothing to the discretion Of the
President But il says, when the fact Of the repeal Of
the discriminating duties Of another nation has been
satisfactorily made known to government, the Pres
dent is authorized" to issue his proclamation
cling that our discriminating duties in respect to that
nation are and shall be suspended and discontinued"
This language is as imperative any which Congress
uses when imposes duties upon the President al
ways, we believe, uses the respectful phraseology Of
q" shall be lawful for the President todo the act pre-
scbed or he is "authorzed to do it. He does not le-
gsate He does not pass the law. He does express
the legislative will Of the nation He only carries out
that will expressed by Congress- II is not the Presi
dent who suspends and disconnues the discriminating
duties il is Congress- and the President in the respect
full phraseology Of the law, is authorized" which
means required, to carry out the will Of Congress II
any discretion given him, the act would have so
expressed il in direct terms But he has no such discre
ton Congress repeas suspends the discriminating du
ties on the happening Of certain contingency and the
President bound to notify the fact to the world by his
proclamation.
Besides the constitution requires that he shall execute
the laws Of Congress- The carrying out Of the legsa-
tive will of the nation expressed through Congress-
emnenty one of his constitutional obligations There
fore, il is unnecessary to terms implying obligation
coercion when duties imposed upon the President
Congress takes it for granted that he will execute the
laws as he required to do by the constitutions and
therefore only prescrbes his duty in respectful phrase
ology.
We shall now see whether General Taylor. under the
Of the cabinet-all the members Of which
welded the exploded theories of monopoly and
sction-wi fail to do his duty prescribed by the act
Of May "a, 1928. Let him thus veto the will OF the ma
ton and nulfy law Of Congress. il he pleases We
should like 10 have no better issue made for the demo-
cratic party than such one And il we are to regard
the limitations Of the organ, such course Of conduct
will be pressed by the cabinet upon General Taylor.
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