The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-01-15


special favo to attempt TO overreach less enter
prisng nations by the arts Of diplomacy. Secret
treaties partial treaties nd little favor and what
ever granted TO one party Ia practically open at
all Others willing 70 accept OF like terms.
ENGLAND negotiates treaty with China Il y Ct once
duplicated with the United States. II the United
States make treaty with Japan equal fsvors are
promptly obtained by England ana other nations:
beneath sust the CSnty Of ind nations TO grasp
at any exclusive privileges BY means oftreates,
and sure mark OF imbecillty for any nation 70
more polcaily unsafe to hamper the trade Of colo
niles with such badges Of inferiority - make them
ness he s morSer county ever since tie successful
resistance Of the United States to the policy
or taxatlon- without representation attempted
Of the North Sea TO operate upon continents
in the Indian Ocean WIN as some time become obso-
lghtened by the liberal policy Of the age, are made
by general statute laws, not upon tine application Of
ayors ny are He q
are entirely withheld from any narrower or more
exclusive neld OF operations Once these favors
defensive alliances; but such alliances have proved
odious. II not Improbable, to all mankind. Once
or from the vanquished. But now 1t must be either
nation conscious OF its weakness and desr0us Of
leaning upon stronger and more opulent Power for
stand towards all the world in the attitude Of erect
and broad Independence, which can stoOp even to
those exceptional arrangements called reciprocity
treaties although they are In point OF fact only
cproca In words, and never reciprocal in effects.
The combination OF opinions Is always unwecome,
and more SO when calling for a seeming renuncia-
ton OF power; andI shall ask OF senators, not that
they shall accept q my positions but that they will
Selves II there are Senators who hold opinions at
variance with mine, a. Is not unlikely, l am con-
scious how feeble any effort Of mine must be 10 effect
a change, and shall lament my own deficiencies
rather than suspect the strength OF the positions
LEGISLATION NOT TO BIZ DONE By TREATY
Specific powers must always be construed to limit
general powers. All legislative power, and es-
peclaly the power to regulate commerce, having
been delegated to Congress- the treaty making power
is thereby limited and restrained. think 1t may be
constitution OF the United States, that subjects pro-
per for legislation are not proper for treaties. MAN.
subjects Of legislation and cannot be claimed by the
eaty-maklng power. Reciprocal treaties always
interfere with trade, manufactures and agriculture
and are therefore unwarranted. Such treaties are
comparatively novel, and certainly they were un-
precedented at the time OF the adoption OF our
against the special privileges OF Congress or OF the
House Of Representatives. not having been origi-
nally contemplated, they cannot have been author
tied, and what was not authorized must be outside
Of the limits OF the constitution Treaties were tn
tended to embrace foreign objects beyond the reach
OF some foreign P0wer-and It Is manifest absurd
ity to claim that taris may be made by treaty. yet
treaties shall rst speak Of tSe want OF aaorty
to make such treaties, and second, Of their worth
less character when made.
The President Of the United States is required
mainly to see that such laws as are in force are
alone nor oy himself and the Senate. This Is the
broadcast field OF his operations. He may recommend
do not become laws any more than the RECOMMENDED
tons OF any private citizen. Treaties under mon
arches are royal prerogatives and are made by the
executive alone. Under our style Of government,
treaties being laws when made affecting the whole
people, and which they must obey they are not con-
fded alone to executive discretion Jealousy Of
Executive power is the theory OF earnest republicans
the world over. BY the constitution OF the late
rme % Dy ae S o.
authorized TO negotiate and ratify treaties but
treaty was to be definite until after It had been
approved by the National Assembly; and 1t also
provided that amnesties should only be granted hy
an express law. The President Of the United States
sttuonai sanction Of the senate they are Of no
force. The whole legislative body, or both houses,
when appropriations are required, must participate
In the Ofice Of carrying them into effect and with
out the approval Of two-thirds OF the Senate no
treaty be made. 1t Is evident the trainers Of
extreme jealousy and had no intention to ampify
II. Presidents, as well as monarchs, however, are
not only great stckIers for their legitimate powers
but rarely fall struggle both overly and coverty
for the extension OF executive prerogatves IL may
be q matter OF indifference TO the Senate per Sc
whether certain matters are TO be considered by
them In 0 legislative or an executive session. as in
either their voice will be potential; but
government protected by the longest term or ser
vice, 1t should scrupulously guard the rights and
M Of ne os1 no ana
est In transferring from the HouseOf Represen
tatves to the hands Of the President The theory Of
q republican form OF government Ii that power Is
safe in hands OF many and dangerous In the hands
OF one. The exclusive power Of the House TO origi-
nate bills Is one OF the most explicit In the
constitution, and 1t was Intended to be So hedged
that no plausible pretext could be suggested by
which 1t could be invaded or supplanted. This sole
power being conhded TO the House, II must not be
exercised elsewhere, nor can IL rghtfully be sub
verted. 1t should remain In its entirety. Even to
bills reluctantly conceded BY the trainers OF
the constitution. treaty regulating custom du-
tined ' 70 he hepeafer trencbes UPON Cardinal
principle Of popular governments-the right Of the
immediate Representatives OF the people TO control
the purse Of the nation. II Is obvious that very
limited multiplication OF such treaties would soon
absorb the whole power to originate revenue bills
importation OF foreign goods and nothing then would
be left to Congress except the mere husks or tariff
and excuses and direct taxes
PRIVILEGES OF THE HOUSE.
IL has been family argued that such reciprocal
treaties would still leave to the House Of Representa-
pleasure; but t6is does not rise TO the dignity OF
respectable sophism. II does not even wear the APP
pearance Of csndor u mocney Maa teses
may be, treaty, being according 70 Executive IN
depreciation always the supreme law Of the land,
overrides them; and wherever such enactments
In conflict with treaty they are practical null
les has been proved, and Will be 30 long as the
House NAV ming its net for revenue and toll oil
night but they win eaten nothing. When the reve-
nue. has been sequestered by force OF treaty stipua-
tons for the benefit OF foreigners the House VIII find
itself In the old attitude OF being forced to make
brick without straw. The pretence that such treaty
Is not invasion Of the rights Of the House. II seems
to me- adds to the INJURY contempt for the inteli
gence and sensibity Of that body. Mr. Morrill, spoke
at length on the subject holding that the privileges
OF the House iniringed upon BY treaties OF this
kind
LATITUDE OF THE POWER CLAIMED.
II such an innovation Of the rights OF the House
or of the rights OF Congress be allowed 20 uncha
lenged there is little else In the way OF legislation
that may not be done by treaty. Why may not the
right OF Suffrage be regulated BY reciprocal treaiess
Why not 80 ok the price Of our public landss Why
may no. Internal improvements canals and rail-
roads be secured on the international reciprocity
planY why not have reciprocity in fertilization
treatiess Why not thus regulate the rates OF post
agef Why not re-establish slavery by reciprocal
treaty with Brazil or the King OF Dahomeys why
not have reciprocal naturalization treatiesS why
may not New England be thus put out In the cold or
the State Of Michigan be aienated by treaty with the