The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-03-15
RECIPROCITY LAWS.
Commercial Arrangements
Under the Mckinley Act
Not Binding.
RIGHT OF CONGRESS TO REPEAL.
Effect of the Passage of the Wilson
Bill on Reciprocal
Treaties.
RIGHT OF CONGRESS TO REPEAL.

Treaties.
WASHINGTON, March Is, 1S94-Erroneous
statements nave been published concerning
the effect on our reciprocal treaties of the
repeal of the Mckinley act. There has been
considerable discussion o. the matter at the
capitol. Senators have been unable to agree
among themselves as to b the result
would be, and one or two member OF the
Finance Committee, in the face of the posi-
tive declaration found in section 106
of the Wilson bill, that section 5 OF
an act approved October l, 1890,
etc. the Mckinley act, sis hereby repealed"
have been heard to declare that 1T was not
the intention to interfere with reciprocal
treaties. These reciprocal treaties do not,
according to State Department officials, hold
the same position as treaties ratified by the
action of the Senate, and prominent
officials of the State Depart
ment do not hesitate to say that
Congress has the power, by legislation at
any time to abrogate them. 1t matters
little what the intention of Senators may be,
for it looks very much as if all reciprocal
arrangements made by virtue of the Nc
Kinley act would fall with the repeal of the
act, which alone made them possible.
RECIPROCITY TREATIES.
A glance at Un0 UlpiOHidtc correspondence
relative to these reciprocal treaties shows
they were founded upon the act OF October
1, 1890, and that the right was reserved to
Congress to repeal or amend them at any
time. Twelve such agreements were entered
into under the Harrison administra-
the last with France. In the
order of their precedence these treaties Went
into effect as follows: Brazil, April l, 1891;
Spain, for the colonies of Cuba and Puerto
Rico, September l, 1891; SAINT Domingo,
September /, 1891; Germany, February |,
1892; Republic of Salvador February !, 1892;
ing Trinidad, Barbados, the Leeward
and Windward Islands, British Guiana,
Jamaica and their dependencies, February
l. 1892; the Republic of Nicaragua, March
IL, 1892; the Republic of Guatemala, May
80, 1892; the Republic of Honduras, May 25,
1892; Austria-Hungary, May 26. 1892; and,
some months later. Under these agreements,
in consideration for the removal of
the duties formerly imposed by the United
States on sugar, coffee, and other raw pro-
ducts of the countries named, their govern
| nents removed or considerably reduced the
import duties formerly imposed upon bread
stuffs, provisions, lumber, coal. and a large
number of other products of the United
States, and those is still imposed upon SINH
lar merchandise brought into their ports
from other nations.
RIGHT OF CONGRESS TO REPEAL.
The diplomatic correspondence leaves no
doubt of the tentative character OF these
treaties, subject at all times to the legisla-
ton of either reciprocal power. Mr.. Blaine,
November 3, 1890, in a note to Minister
Mendonca concerning the Brazilian arrange
| ment, says:-"And such an agreement can
remain in force so long as neither Cover
ment shall definitely inform the other
of its intention and desire to con-
slider it at an end" In max
ing the Spanish treaty, Minister Guanes
wrote to Mr.. Blaine, June IL, 1891: "The
definite arrangement thus put in operation
shall remain in force so long as it shall not
be modified by the mutual agreement of the
executive power of the two countries, always
reserving the respective right of the Cortes
of Spain and of the Congress of the United
States to modify or repeal u arrange
ment whenever they may think proper"
This language was an exact copy. OF Mr..
Blaine's in his previous note to the Minister
of June 10.
Mr.. John w. Foster, in his capacity of
Special Plenipotentiary for the United
States, in a note to Minister Galvan, in ne
gotiating the treaty with the Dominican Re
public, said in mis- note of June 4, 1891,
speaking of the commercial arrangement"
L"It is understood shall remain in force so
long as it shall not be modified by the Legis-
lation of other government or by the mutual
agreement of the executive power OF the
two countries"
THE MATTER MADE LEA
In the correspondence with Sir Julian
Pauneeforte this Interpretation is set forth
even more plainly. Sir Julian, in a note,
December "a, 1891, to Mr.. Blaine, said:-'It
will be understood that the arrangement
shall remain in force so long as it shall not
be modified by the mutual agreement of the
executive power of the two governments, or
by the legislative action of the Government
Of the United States, or of the said colonies,
with the approval of the British Govern
ment:n and December 30 Mr.. Blaine uses
this Identical language in his note of reply.
Minister Guzman. in notifying the State
Department of the action of his government
nicaragua, wrote March II, 1S92:-"Such
treaty will remain in force until the law
making power of either Of the two countries
decides otherwise, or until it is abrogated by
the mutual consent of both countries"
About the same time, Minister Batres, re-
presenting Guatemala, used this language in
his note to Mr.. Blaine:-"H the proposed ar
rangement shall take effect on the terms
stated, it will be with the understanding
that it shall remain in force until it is modl-
fed or a~brogated by the legislative action of
either government or by mutual agreement
between the executives of the W countries"
NOT SOLEMN TREATY CONTACTS.
This correspondence shows, as clear as
ulb1CuldblS COtlO oPOluOiiS0 Oh SuOW any
thing, that every one of the dozen reciprocal
arrangements were made under authority of
the third section of the Mckinley act, and
were not solemn treaty compacts as the term
is ordinarily used, this government reserv-
ing the right at any time to set them aside by
legislation and such legislation as removes
from the statute book the authority
for their origin would also remove the au-
thority for their continuance. This, at least,
is the view Of State Department officials and
some or the leading lawyers CT the Senate.
That this view is held by the majority of
the democratic members of the Finance
Committee would seem to be emphasized
by the section direction the Presi-
dent to notify the Government of
the Hawaiian Islands that the United States
intended to terminate the treaty of June 8,
1875, Under the terms of that treaty a twelve
months notice being necessary. Sugar is
admitted free under the commercial arrange
ments from all the countries named above
and from Hawaii under this special treaty,
the evident intention of the bill being to
prevent any such arrangement and the levy
ing of a duty on sugar from whatever coun-
try it ZONES
Nothing Forgotten.
When the train made It's first STOP after leav-
ing home. Mr.. Simpkins. who had been Ia q
brown study for several min utes, raised his eyes,
which had q troubled look Ia them, and re-
marked:-"My dear, are you sure We haven't