Show THE fB TREATY MAKING POWER I During the past week or two readers of the daily laly ny papE papers rs have hae learned of the contention of ofir ir ni many members of the House of Representatives t the President and Senate constituting the t making treaty power of the Government cannot y without the conCUl concurrence of Con Congress ress negotiate reciprocal trade agreements with foreign States that hat will of their their- own force operate to supplant T change 4 increase or entirely abrogate duties on im- im ports collected under laws enacted by Congress and approved by bJ the Executive for the purpose of Jr raising revenue to maintain the Government 1 V The claim of those who contend that the tariff i laws ws cannot b be altered or mo modified itiE d by the treaty- treaty making power is if founded on two clauses of the Constitution which read 1 The Congress shall b ave power to lay and collect taxes duties imposts r and excises excises- and 2 to regulate commerce with foreign n nations nations Art I. I Sec 8 of the Constitution Constitution Undoubtedly Congress has these powers but it is not so plain that the power to regulate commerce with foreign nations including the du duo duties t ties es on foreign goods is vested entirely in Congress Con Con- gress S The he Hon John A. A Kasson late hate Reciprocity Commissioner for the United States has given iven this subject careful c. stud study Some time ago in discussing I I it t publicly he be said that in analyzing the claim of of exclusive power in Congress two other clauses of 1 the Constitution must be considered One of 4 them says that the President shall have hae power bj by and Ind with the advice rice and consent of the Senate to tomake make thale e treaties provided two-thirds two of the Senators I present prese t concur concur Art It II Sec 2 The other reads I This Constitution and the laws Jaws which shall be made in pursuance thereof and all treaties made macl or which shall be made under the authority of the United States shall be the supreme law of the he theland theland land Co Congressional legislation is without effect beyond be be- 7 yond the jurisdiction of the United States Treaties s enter into and embrace foreign jurisdictions L A Agreements reeme ts between two i independent dependent nations ran ein only be made binding ng b by treaty Treaties modifying modifying modifying modify modify- ing or suspending our fiscal laws in favor faor of the i oth other olei- r party bave have been made repeatedly repeated 1 since the foundation of the Government assertions of certain Representatives in Congress to the contrary notwithstanding not not- withstanding In 1804 Chief Justice Jay as special envoy Ivoy negotiated and signed a treaty with En England England Eng Eng- land regulating g commerce and prohibiting discriminating discriminating dig dis dis- dis criminating duties against English goods The i Louisiana purchase treaty gave exceptional commercial com corn mercial privileges to France and Spain fo for a term of years Mr 11 Kasson Kassou says our history shows that the power pow to regulate commerce with each foreign country including a a. regulation of duties to be imposed imposed imposed im im- im- im posed on exports of such country is to be he considered considered considered consid consid- ered a a. concurrent right existing alike In n Congress and in the treaty-making treaty authority This view is supported by numerous Supreme Court decisions Justice Story in his Commentaries Commentaries Commentaries I on the Constitution says The power to tomake tomake make treaties is by the thc Constitution on general it embraces embraces em em- braces all sorts of or treaties for peace or war for commerce or territory and for any other purposes which the policy or interests of independent ent sovereigns may dictate in their intercourse with each other Again Justice Cooley in hi his Commentaries Commentaries Com Coal has this to say and aud his dictum has always always always al al- al- al ways been and still is accepted and acted upon as the correct rule As between a law of the United States made in pursuance of the Constitution and ana anda anaa a tr treaty aty made under the authority of the United States if the two in any of their provisions are found to conflict the one last lait in point of time must control We might inight go on citing authorities and c cases es to exactly the same intent but it is sary Bury The Burlingame treaty with China was the supreme law of the land until Congress passed I the Chinese exclusion act which being last in I. I point of time nullified it Similarly there seems to be no rio reason to doubt that if the President were to negotiate and the Senate to ratify a treaty with Cuba making tariff concessions to the news State that agreement would abrogate so much of the tile Dingley law in as might conflict with its terms and the abrogation would stand until withdrawn by a subsequent act of Congress |