The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-25
MORE TROUBLE FOR CUBAN
RECIPROCITy.

The indications are that the Cuban reci-
procity bill as passed by the House will
encounter strong opposition in the Senate
from more than one source. In addition
to the same elements which were adroitly
welded together in opposition to the meas
ure in the House and which will spring
UP in the Senate it is said Senators Spooner
and Cullom will oppose it on the ground
that it is, in effect, an attempt to estab-
Iish a commercial treaty with a foreign
country, and is therefore outside of the
legislative Jurisdiction of the House. Sen
ator Spooner is one of the best lawyers
i'm the Senate. and his contention is that
the whole subject of reciprocal trade ar
rangements between the United States and
foreign countries falls under the treaty
making power which the Constitution gives
exclusively TO the President and the Sen
ate This view would not at all affect the
right of the House TO impose tariff duties
on foreign products coming into the United
States. Such duties are not in the nature
of contract treaty, it is claimed
reciprocal trade arrangements are. This
view is not a new one, and is probably
shared by other senators than those above
named A few weeks ago the Senate COM
mittee on foreign relations made a report
regarding the prerogative of the President
and Senate as the treaty-making power
i'm which il said
The Congress is without power to grant
to the President or to the Senate any au-
thority in respect of treaties, nor does the
Congress possess any power TO fetter or
Limit in any way the President or the Sen
ate i'm the exercise of this constitutional
function. 1t cannot enlarge or in anywse
limit or attach conditions to the exercise
of the treaty-making power. Whether the
treaty is one which Is self-executing or one
which requires legislation by the Congress
to give II effect. il in any event must be
first negotiated by the President and rat
flied by the Senate.
There can be no doubt that this is
strict constitutional view of the question.
The treaty-making power of the President
and Senate is fixed beyond the power Of
Congress to enlarge or restrict it, 1t is
said Senator Spooner claims that if com
mercial favors are 10 be extended to Cuba
I'm the way of tariff concessions made for
an equivalent and constituting an agree
ment or treaty with foreign country.
such agreement or treaty should be nego-
tiated by the President after the Cuban
government is established and then sent
TO the Senate for ratification. In as far,
therefore, as the House bill authorizes the
President to negotiate a reciprocity meas
ure with Cuba under certain conditions and
limitations, il simply confers on him
power which he already has under the
Constitution. The enforcement of this view
by so able d lawyer as Senator Spooner
is likely TO prove a new source of compIica-
ton for a measure that has already en-
countered far too much. Considering its
Importance and the plain duty it involves
the Cuban reciprocity bill has encountered
extraordinary difficulties. Its Importance
lies i'm the effect il may have upon the COM
mercial prosperity of the island and there
fore on the maintenance Of peace, and
the duty involved is I'm what we owe to
Cuba on account OF the peculiar relations
that exist between the two countries
These relations. IL must be remembered
are not OF Cuba's seeking. but of our max
ing. Having determined Cuba's political
relation TO the United States by debating
some OF the most important features in