Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-12-27

enjoyment Of the privileges conceded.
Again your attention Is called to articles
20 and 81, establishing such guarantee OF
personal treatment as will insure safety to
the interests Of our citizens.
Another line of
Adverse Argument
remains to be considered. 1t is said this
class of treaties is infringing upon the con-
stitutional rights of Congress, in that they
change duties prescribed by law. This ar
gument is advanced against all including
the convention with Mexico which, having
been already ratified, awaits legislation to
carry il into effect. The claim that the
Mexican treaty is unconstitutional because
it affects the revenue and did not originate
in the House of Representatives is singu-
larly untenable. 1t did 80 originate.
The first action this government TOOK
toward its negotiating was an appropriation.
by Congress for the expenses and salaries OF
the Commission to negotiate commercial
treaty with Mexico of "a sum not exceeding
$40, coo to be expended under the direction
of the President of the United States" Sun
dry Civil Appropriation Act August 7,
leS2l, and under this authority Gen. Grant
and Mr.. Trescot were appointed Commis-
sioners and negotiated the treaty. The
Senate introduced ap amendment that legis-
lation by Congress should be necessary to
give it force This rule, a PRECEDENT Tor
which is found in previous treaties OF this
character has been followed in subsequent
treaty negotiations, and the steps taken
thereto have been conducted
to the general policy of fostering intimate
trade whith neighboring counties.
observe that constitutional amend
ment has been Introduce in Congress, that
the Senate and House of Representatives
shall be Joined to the executive as treaty
making power Such an amendment would
not avoid the necessity Of the executive con-
ducting negotiations for treaty subject, OF
course, to the ratification Of the coordinate
branch. The present House of Represeen'
tatives has in all these treaties
been abuudsntly secured by the pro-
vision that they should not take
effect until a bill originating in the House
had made laws affecting the revenue to con-
form thereto. The precedents are against
the position that negotiations of this class
are Unconstitutional From the foundation
of the government, beginning with the time
| when the administration was IN the hands Oh
men who framed the constitution ITSELF and
nav therefore be assumed to have best un'
derstooi its import and scope, public trea-
ties affecting the revenues have been con
cluded by. the President and
| Carried Into Eject
| by the legislation of Congress without the
admission of doubt as to the entire con
stitutionality of ths proceeding, A few
examples among many may be cited
First in order comes the treaty Of 1894
with Great Rsfain, which stipulated to-
commercial privileges and exemptions
from duty asd sets Limitations upon th'
nposition Of tonnage dues On British YES
sells by Congress, The treaty o
1903 with France, for tn
acquisition of Louisiana stipulated
for speciai favo,s to French and SpanisI
goods aid vessels in the ceded terEitor
during the .sfm of twelve years, notwith
staining sAy general regulations Is to trad
api saJigation which Congress Nigh
make, The treaty Of l8l5 wit
Great Britain changed existing legi:
lation as to discriminating duties
The treaty Of !33SSi with Franc
contains special tariff provisions Ib
CanSirou reciprocity treaty with Grea
! Britain in 1851, and the reciprocity trea:
of 1875 with the Hawaiian Islands bot
, contained the provision that they shou'
not become operative until the necessar
laws to carry them into effect should hav
been epacted by Congress. In short tn
precedents are in favor of the constitutions
negotiation Of treaties affecting the revenue
hv the President, sub bject TO approval by tn
Senate and to the legislative cooperation Q
Congress in carrying Out their provisions
The Only object
which the Executive has had in view in ne
gotiating the conventions now awaiting tn
action of Congress has been the best inter
est Of the republic. and in endeavoring Il
realize this the intimations of the purpose
and desires Of Congress have served as
guide. As the action Of the Executive s.
taken is in every case to be subject to tn
decision of the Senate and the representa-
tves of the people, l do not doub
the sesult aimed at will be reached
If the Spanish treaty does not NEE
tie approval of the legislative branch o
the government, the representatives of th'
popular will, cannot fail, trust, to perceive
that the President has made an earnest Ell
fort to remove from the field Of dispute {
subject Of contention, as far as Cuba i
concerned, and to secure lasting and IN
crcasing benefit TO our agricultural, manu-
fac;rring and commercial interests and tht
people of the Union, and fall protection t
tie persons and property. Of our citizen
abroad
Your 0bedient Servant,