191--.] OF THE UNITED STATES. 291 



The House responded with the following resolution : 



"Whereas, it is seriously claimed that under the treaty-making power of 

 the government, and without any action whatever on the part of the House 

 of Representatives, or by Congress, reciprocal trade agreements may be 

 negotiated with foreign governments that will of their own force operate to 

 supplant, change, increase, or entirely abrogate duties on imports collected 

 under laws enacted by Congress and approved by the executive for the pur- 

 pose of raising revenue to maintain the government : Now, therefore, be it 



" Resolved by the House of Representatives that the Committee on Ways 

 and Means be directed to fully investigate the question of whether or not 

 the President, by and with the advice and consent of the Senate, and indepen- 

 dent of any action on the part of the House of Representatives, can negotiate 

 treaties with foreign governments for the purpose of raising revenue are 

 modified or repealed, and report the result of such investigation to the 

 House."'" 



This resolution was allowed to die in Committee. 



In 1902, a treaty was signed with Cuba under which a prefer- 

 ential duty on imports into the United States was granted. The 

 treaty provided that it should " not take effect until the same shall 

 have been approved by Congress.""' An act was then passed by 

 Congress entitled " An Act to carry into effect a Convention between 

 the United States and the Republic of Cuba," which concluded with 

 the following proviso : 



" That nothing herein contained shall be held or construed as an admis- 

 sion on the part of the House of Representatives, that customs duties can be 

 changed otherwise, than by an act of Congress, originating in said House."'" 



In 191 1, a Canadian reciprocity tariff was negotiated, and it is 

 significant that on the part of the United States, no treaty was 

 signed, but that an act of Congress was passed of which the third 

 section is as follows : 



[Be it enacted] " That for the purpose of further readjusting the duties 

 on importations into the United States of article or articles the growth, 

 product, or manufacture of the Dominion of Canada, and of the exportation 

 into the Dominion of Canada of article or articles the growth, product, or 

 manufacture of the United States, the President of the United States is 

 authorized and requested to negotiate trade agreements with the Dominion of 

 Canada wherein mutual concessions are made looking toward freer trade 



^Congressional Record, Vol. 35, Part H., p. 1178. 

 " Compilation of Treaties in force, 1904, p. 225. 

 =" 33 Stat, at Large, 3. 



