National Republican., 1883-02-16

LOT American larH5' lhlS Is the HreaJ ana
only reliable market, now consuming ~ pcr
cent. of all our agricultural products excud-
ing eotton and tpbaceo. The foreign market
buys only s per cent. Home industries make
the home market. If home industries arc
destroyed the laborers therein will become
agricultural producers, and the vast increase
of products in that case would find no ade-
quate market at home and abroad.
Protection secures cheap manufactures.
One fact is worth thonsand theories. When
our own manufacturer has the whole market
u small profit ON each article win he remuner-
ative; when the foreigners share the market,
n large profit must be charged 70 produce the
same aggregate profit. Without protection
the foreign producer will sell his goods a. q
cheap rate 70 break up the American mann
faetprer. A protective tariff has proved its
beneficial effects for twenty years. The tree
is known by its fruits Tho result has been
an UNPARALLELED growth in wealth, nnequalled
prosperity, and the existence of all these elp-
ments which make a nation great, and its
people prosperous and happy.
a tariff for revenue only would ruin our
industries. This has been tho result of every
such tariff and history, teaching by example,
admonishes us to profit by its lessons. No
nation can be enduring or permanently great
which is not lust, which does not care for the
interests of the laboring masses of the people
Our policy should he to secure universal cdu-
cation for all the children of the land, 70 reg
ognize the dynasty of labor, to secure for II
the rewards which it so Justly observes, in
order that every man who engages in honest
industry and leads an honest life may be able
TO own and enjoy home for wife and
children the means of living as an American
citizen, and bo able in due time to secure
q competency.
Mr.. D. H. Mason was then introduced, and
read an essay on
THE uNooNsTITuTGoNALITY OF TREATY
TARIFFS"
He said "Within decade urgent attempts
have been made to induce our government to
negotiate treaty tariffs with various coun-
tries. Strong efforts TO that end have pro-
ccedod especially from the Dominion of Cam
ada, from France, and from Mexico. In the
case last named the project has advanced TO
the practical stage of q drafted treaty of re-
ciprocal free lists, signed by the commission
ers appointed by the two governments and
awaiting to be submitted to the high con-
tracing parties for final action. Every year
tho movement toward this sort of interna-
tional compact is becoming moro active and
more pressing. 1t is well worth while, there
fore, to examine closely into the limitations
of the constitutional authority which gov
crns this subject ! boldly affirm at the out
set that treaty tariff can be negotiated only
in violation Of the organic law Of the union.
The constitution strictly defines the powers
granted to the several departments of the.
government which il created, each one ieal-
ously separated from the others, with clearly
marked boundaries. Extreme care was used
to prevent one department. from infringing in
any way upon the prerogatives of another.
When the government, therefore, acts at all
it must act precisely as the constitution di-
rects through such department or union of
departments as the constitution specifies else
it violates the fundamental law. Tho law
making power consists of the house, the SEN
ate, and the president acting separately, yet
concurrently or in case of veto of two-thirds
of both the house and the senate acting sepa-
rately, yet concurrently, to override the veto
but the treaty making power consists of the
president and two-thirds of the senators pre-
sent, acting separately, yet concurrently, and
in concurrence with some foreign govern
ment. These two radically different depart
ments of our political structure possess radi-
cally different functions, of which one set re-
lates to statutory enactments, and was desired
to operate as far as municipal legislation can
extend, while the other set relates to the ne
gotiation and ratification of international
cOmpacts in concert with the analogous pre-
rogative in other countries, and was intended
| to operate beyond the territorial limits of the
union where the authority of statutory enact
ments cannot reach. The duties developed
upon the law making power cannot be per-
formed by the treaty making power, and vice
versa. Should either quit its assigned pro-
vince and cross its fixed boundaries, the act
! would be invasion and encroachment-a Vio-
| lation of organic law.
The theory is current that congress logis-
lates on our commercial relations with other
countries subject to the treaty making power.
1t is said in that behalf that the power
granted is TO make treaties; that the word
| treaties is nomen geneTalissimum, and must
| embrace under the generic term all the va
rieties of treaties which the government
could find either necessary or desirable, else
| IL embraces none that Is aS wide as treaty
making power can be, and covers tho whole
treaty making ground or not an inch of that
ground; that 1t was designed to be cock
tensive with all the exigencies of our affairs.
But il should be remembered that the treaty
making power is the creation of n written
constitution, and cannot rise in author
ity and function any higher than
Is permitted by the limitation of
the instrument from which it derives its ex-
istence. The organic law is to be construed
as a whole with due allowance for the re-
strictive, modifying, or explanatory force
which is contained in the several parts
otherwise the constitution would become a
wilderness of powers, in which the most mon
strous usurpations might be found clothed
with the masking counterfeit of Legitimate
potentiality. In the various articles, sections,
and clauses this is often pitted against that,
diminishing its scope, weakening its vigor OF
regulating its. modas operdndi. The treaty
making power is not excepted from this essen
tial standard of Interpretation and cannot
take to itself anything specifically withheld
in some other part Of the general text, or any
thing which does not belong to it by direct
grant or by unquestionable implication, II
must abide by all the confinement within
bounds which Is set forth in the various grants
} of authority,
BY the constitution (art /, sec 81 it is pro
vided that " the congress shall have power tC
lay and collecttaxes, duties, imposts, and ex
cises" This power is lodged in congress Il
: the exclusion of every other branch of the
government. Even the presidents negative
cannot prevent the exercise of this power il
the last resort To lay duties on imports il
therefore wholly and solely legislative act
Even the president in approval of q bill act
legislatively, not executively, for the obliga
ton of executing the provisions of the bill
comes only after he has appended his sigma
ture. On the other hand treaty making is M
executive act in all its branches and step
from initiation to close, Even the senate
when celebrating on u treaty is temporarily
part of the executive department, just rs tn,
same body when sitting as n court of impeach
ment, with the chief Justice presiding il thu
president is on trial. is temporarily part of thu
judicial department.
Now when u treaty tariff is concluded thi
power to lay taxes, duties, and imposts il
usurped by tho treaty making power from
which such power was carefully and dis
tinotly withheld by specifically comforting Il
elsewhere. President and senate appropriate
to themselves prerOgatiye which is reserved
without exception (eyon when the president