The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-03-21
THE SHAM RECIPROCITY BILL.

THE SHAM RECIPROCITY BILL.
The Cuban reciprocity bill introduced in
the House by Chairman Payne, OF the ways
and means committee, falls far short of
public expectation and of general convic-
ton as to the duty of Congress in the pre-
misses. To say that it is a disappointing
measure but mildly describes its wide de-
parture from what was expected at the
beginning of the discussion and before the
sentiment in favor of real reciprocity with
Cuba had been battered out of shape by
the beet-sugar ring and its allies. At first
a reduction of 80 per cent. in the duty on
Cuban sugar was talked of, and it was
demonstrated that this would not seriously
hurt the beet-sugar industry. By degrees
the friends of reciprocity were forced down
to 40 per cent, then to %, and finally to
20 per cent. reduction, and even that for
only about eighteen months. What the
United States and Cuba both need is per-
manent reciprocity of trade. Congress
seems to forget that this would benefit
the United States as much as it would
Cuba. Under the Mckinley tariff law we
had reciprocity with Cuba from Sept. /,
1891, to Aug. q, 1894. By that arrangement
sugar, molasses, coffee and hides were
concessions on our products entering Cuba.
The results were demonstrated in the fact
that our exports to Cuba increased from
S12.2 PASS in 1891 to s24, 157, sos in 1S9S-an in
crease of nearly 100 per cent. in less than
two years. In 1896. after the reciprocity
ports to Cuba fell back to $3.50 ,S5O-nearly
s5.OOO.OO less than they were before reci-
procity began. Nothing could be palmer
than that the United States would reap
as much benefit from fair reciprocity of
trade with Cuba as the latter would.
1t is not surprising to learn that promi-
nent Cubans in New York, including Mr..
Estrada Palma, President-elect of the
Cuban republic. express great disappoint-
ment at the measure which has been in
troduced i'm the House. Mr.. Palma says
it is not for him to ~criticise the action of
Congress-, but he feels sure that the senti-
ment in Cuba will be one of deep disap-
4 = NCNAN " ~ a. III ~ HAh1
ing if it should take the form of despair
and result i'm a demand for annexation TO
the United States. This could be accom-
plished by treaty negotiated by the Pres
ident and approved by the Senate, and
from the moment of its ratification there
would be absolute free trade between the
United States and Cuba in all the products
- I'll. ST. -
be retTibutive justice for the interests that
have stood in the way of justice to Cuba.
There is still another view of the case.
1t is possible that after the new govern
ment of Cuba is established. which will be
about May /. the President can negotiate
a commercial treaty that will solve the
sugar problem without any action by the
House. Such a treaty would. of course,
have to be ratified by the Senate, but it
would not require the cooperation of the
House. 1t is questionable whether the pro-
vision in the Dingley law authorizing the
President to negotiate reciprocity treaties
with foreign countries is not superfluous.
He already has that power under the Con-
stitution, by and with the advice and con-
sent of the Senate. The House has shown
some disposition of late to question this
right as to tariff or customs duties, but
its position is not tenable. The constitu-
tional right of the President to negotiate
treaties with foreign countries is without
any limitation as to subjects. and when
a treaty is negotiated and approved by the
Senate it becomes the supreme law of the
land, any act of Congress to the contrary
Notwithstanding. The Senate committee
on foreign relations has just made a report
regarding the prerogative of the President
and Senate as the treaty-making power. in
which it says:
The Congress is without power to grant
to the President or to the Senate any
authority i'm respect of treaties nor does
the Congress possess any power TO fetter
or limit in any way the President or the
Senate in the exercise of this constitutional
function. 1t cannot enlarge or i'm anywise
limit or attach conditions to the exercise
of the treaty-making power. Whether the
treaty is one which is s~elf-executing or one
which requires legislation by the Congress
to give it effect. it i'm any event must be
first negotiated by the President and rat
flied by the Senate.
If this view of the case is correct, and if
the bill now introduced in the House fails
TO meet the approval of the President, he
may. after the new Cuban government is
established. negotiate a treaty that will
secure a fair degree of real reciprocity to
the mutual advantage of both countries