The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1869-03-31

which declare that "all bills for raising reve-
nue. shall originate in the House of Represen-
tatives." Excluded here from the lead, the
claims of the House grow fainter as it is
showed into the back ground. According to
some parties, II is an act of grace to submit
an appropriation contained in q treaty to the
consideration of the House at all, on the
ground that a treaty is law by its own Wig
or, and the supreme law, which ehrushes
out the vitality of other laws, although it
would seem to be apparent that treaty can
not be, and never could have been intended
to be, any more supreme than the constitu-
ton under which treaties are made, or
than the acts of Congress. The supremacy
intended scarcely rises above more than State
or local laws.
1t must be conceded that these are subjects
of too great importance to be disposed of in
half hours secret debate, whether in re-
gard to our organic law or as to the advan-
tages commercially of any particular treaty
had in view, and therefore ] venture to in
woke the judgement of the Senate in open
session TO the consideration of the general
merits of the questions involved.
l remember that the learned Senator now
so properly at the head of the Committee on
Foreign Affairs, in earlier years, but when
his voice in the country was hardly less po-
tential than it is to-day, was a robust defen-
der of the rights and privileges of the House
in relation to treaties, following in the Sen
ate then the lead of the present astute Seere-
tary of State, aud hope he of all men will
not 20 back upon his record. Let it not be
said now, when no longer liable to be
charged with belonging to an unhealthy or
ganizatiOn of minority, but holding CON-
handing position among the maj ority, that
that is a sufficient reason for readjusting con-
stitituonal opinions deliberately considered
and recorded. Liberals long retained in high
Official stations in other countries often be-
come what is called conservative but the
Republican Senate of the United States is
supposed TO be a school not so favorable to
the training of that class of statesmen, and
the distinguished chairman most unpromis-
ing material for such a training.
SPECIAL TREATIES DIPoLITIC.
The exclusive policy so long maintained by
the British Government and other nations
relative to trade with their colonies having
now been greatly modified, though not
wholly abandoned, and the policy of grant
ing equal favcrs TO all nations with whom
commercial intercourse is maintained having
become almost universal among civilized
nations, there is no longer inducement TO
seek by treaties special 1avors, or to attempt
to overreach less enterprising nations by the
arts of diplomacy. Secret treaties or partial
treaties find little favor and whatever is
SiahANN " OuN p1lAl open al
once TO all others willing to accept of like
terms. If England negotiates a treaty with
China 1t is at once duplicated with the Uni
ted States. If the United States make a
treaty with Japan, equal favors are promptly
obtained by England and other nations 1t
is even reckoned, if not discredtable, some
what beneath the dignity of independent
nations to grasp at any exclusive privileges
by means OF treaties, and a sure mark of i'm
becility for any nation to grant them 1t has
also been growing more and more politically
unsafe TO hamper the trade of colonies with
such badges of inferiority as make them tri-
butary and subservient to the imperial sell
fshness of the mother country ever since the
successful resistance of the United States to
the policy of taxation without representa-
ton attempted by George III. When a
Spanish ambassador represented to Crom-
well that the inquisition and colonial trade
were his master two eyes, Cromwell replied,
"Them l must trouble your master to put
out his two eyes" The inquisition has been
blotted out, and, while the language of
Cromwell might not be accepted by modern
diplomacy, it is questionable whether the
world will long quietly tolerate any monop-
oily in colonial trade. The other eye will be
put out. Ldl0S made ia the islands Of The North
sea to operate upon continents il the Indian
ocean I0iu at some time become obsolete
Such fayors as promote national interests,
enlightened by the liberal policy of the age
are made by general statute laws, not upon
the application of suppliants, and are applied
universally; but such favors as cannot be
open to so wide an application are entirely
Withheld from any narrower or more exclu-
sive field of operations. Once these favors,
secret and precious, were the brides of often
sive and defensive alliances, but such ALLAN
ces have proved odious, if not Improbable
to all mankind. Once they were terms ex-
tended or withheld by victors to or from the
vanquished. But now it must be either a
nation conscious of its weakness and desi-
rous of leaning upon a stronger and more
opulent power for support, or one sadly lack
ing spirit to stand toward 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 reel |
procal in words and never reciprocal in eff |
fects.
The confutation of opinions is always I'M |
welcome, and more so when calling for |
seeming remuneration of power; and shall |
ask of Senators, not that they shall accept of |
my positions, but that they will calmly ex- |
anime the questions presented for themselves |
If there are Senators who hold opinions at |
variance with mine as is not unlikely, | am |
conscious how feeble any effort of mine must |
be to effect a change, and / shall lament nv
own deficiencies rather than suspect the
strength of the positions attempted to be
maintained.
LEGISLATION NOT TO BE DONE BY TREATY
Specific powers must always be constructed
to limit general powers. All legislative
power and especially the power to regulate
commerce, having been delegated to Con-
gress, the treaty-making power is thereby
limited and restrained. l think it may be
assumed in the outset, as a sound axiom I'M
der the Constitution of the United States.
that subjects proper for legislation, are not
proper for treaties Manufactures, trade,
and agriculture, are constant and fit subjects
of legislation, and cannot be claimed BY the
reaty-making power. Reciprocal treaties
and agriculture, and are therefore unwarran-
ted.
Such treaties are comparatively novel, and
certainly they were unprecedent at the time
of the adoption of our Constitution. There
fore, even if they did not initiate against the
special privileges of Congress, or of the
House of Representatives, not having been
originally contemplated, they cannot have
been authorized; and what was not author
lied must be outside of the limits of the Con-
Treaties were intended to embrace foreign
objects beyond the reach of ordinary legisla-
tion-objects requiring the assent of some
foreign Power-and it is a manifest absurdi-
ty to claim that tariffs may be made by treaty,
yet tariffs must be the chief staple Of all re-
ciprocity treaties.
shall first speak of the want of authority
to make such treaties, and second, of their
worthless character when made
EXECUTIVE POWER OUGHT NOT BE INCREASED.
The President of the United States is re-
quired mainly to see that such laws as are in
force are faithfully executed, not to make