The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1884-12-27

their Importation is permitted. Reduc-
ton is urged, in many quarters, of the
internal revenue tax on manufactured
| tobacco, and this would be a loss of
$25 900 600. annually to the public trea'
sury. This treaty, taken with others
OF the same character, stimulates our
general exports and thereby promotes
interest in our manufactures.
Again, it is urged that the increased
expectation, which these treaties may
secure, will not equal the loss of revenue
on imported articles. But these articles
of import are produced within our terri
tory sparingly or not at all, or are of diff
ferent grades not satisfying public de-
mand, andit is of the essence of wise pro-
lection TO forego the duties upon these,
and to impose them upon those manu-
features which may be pTofitably fos-
tered by impending foreign competition.
Not oply.dO these conventions do this,
but they enlarge the foreign market
for our protection to secure, and they
stimulate our commercial operations
and our carrying trade by reserving to
our vessels the enjOyments Of the privi-
leges conceded
Again, your attention is drawn to
Articles Xxx and XXI. establishing
such guarantees Of personal treatment
as will insure safety to the interests of
our citizens.
Another line of adverse argument re-
mains to be considered. 1t is said that
this, class of treaties is an infringe
ment upon the constitutional rights
of Congress. in that they change the
duties prescribed By law. This argu-
ment is advanced against all, including
the convention with Mexico, which, I
having been already ratified, awaits
| legislation to carry il. into effect. The
claim that the Mexican treaty is uncOn-
stitutional, because it affects the reve-
nue. and did not originate in the House
of Representatives is singularTy unten-
able. 1t did so originate The first
action of this government towards its
negotiation was an appropriation by
Congress. for the salaries and expenses
of the commission, to negotiate the
commercial treaty with Mexico, of a
sum not exceeding $1,000 to be expen-
| ded under the direction Of the Presi-
dent of the United States. (Sundry civil
| appropriation act, August. 18th 1882. And
under this authority General Grant and
Mr.. Trescot were appointed the commits
sioners and negotiated the treaty. The
Senate introduced an amendment that
the legislation of Congress should be
necessary to give it force. This rule,
precedent for which is found in pre-
vious treaties of this character, has
been followed in subsequent treaty ne
gOtiations, and the sters. taken thereto
have been conducted under the sanction
given by Congress to the general policy
! fostering intimate trade with neighbOr-
ing countries.
| l observe that a constitutional amend
ment has been introduced in Congress,
/ ha ord Hnnco Of
sentatives shall be joined to the Ex-
ecutive conducting negotiations for a
/ treaty, subject, of course; to the ratifi-
cation of the coordinate branch. The
prerogative of the House of Repre-
| sentativeS has in all these treaties been
abundantly secured by the provision
that they should not take effect until a
bill originating in the House had made
laws affecting the revenue to conform
| thereto.
Precedents are against the position
that negotiations OF this class are I'M
constitutional, from the foundation of
! the government, beginning with the
time when the administration was in
/ the hands of men who framed the Con-
stitution itself, and may therefore be
assumed to have best understood its
import and scope. Public treaties affect
ing the revenues haVe.been concluded by
| the President and carried into effect by
! the legislation of Congress without the
admission of doubt as to the entire con-
stitutionality of the proceeding. A few
| examples among many be cited:
| First in order, comes the treaty of
! 1874, with Great Britain. which stip-
ulated for commercial privileges and
exemption from duty and set limitations
upon the importation of tonnage dues
on British vessels by Congress. The
treaty of 1903, with France, for the
acquisition of Louisiana, stipulated for
special fayors to French and Spanish
goods and vessels in the ceded territory
| during a term of twelve years, notwith-
standing any general regulations as to
trade and navigation which Congress
might make. The treaty of 1915, with
l Great Britain, changed existing legisla-
ton as to discriminating duties. The
treaty of 1881, with France, contains
special tariff provisions. The Canadian
reciprocity treaty with Great Britain, in
1854, and the reciprocity treaty of 1875
with the Hawaiian government, both
contained provisions that they should
not become operative until the necessary
laws to carry them into effect should
have been enacted by Congress. In re-
spect to all these treaties, the required
legislation was passed, In short, prec-
edents are in favor of the constitutional
negotiation of treaties affecting
the revenues by the President, subject to
approval by the Senate and to the legis-
lative cooperation of Congress in carry
ing out their provisions. The only
object which the executive has had in
view in the negotiation of these cOnven-
tions now awaiting the action of Con-
gress, has been the interest of the
Republic, and in endeavoring to realize
this, the intimations of purposes and
desires of Congress have served as
guide. As the action of the executive so
taken is in every ease to be subject to
the decision of the Senate and the Rep
resentatives of the people, l do,not
doubt the result aimed at will be
reached. If the Spanish treaty does not
meet the approval of the legislative
branch of government, the representa-
tives of popular will cannot fail. 1 trust
Ito perceive that President Arthur has
made an earnest effort to remove from
the field of dispute subject of contention
as far as Cuba is concerned, and to
secure a lasting and increasing benefit
to our agricultural, manufacturing and
arciaI interests and To the