1152 that the President was authorized "to suspend the operation of the aforesaid act, if in his judgment the public interest should require it; provided that such suspension shall not extend beyond. the second Monday in December next. In 1815 an act was passed providing that so much of the several acts imposing duties on the tonnage of ships and vessels, and on goods, wares and merchandise imported into the United States, as imposed a discriminating duty on tonnage, between foreign vessels and vessels of the United States, and between goods imported into the United States in foreign vessels and vessels of the United States, should be repealed, so far as the same respected the produce or manufacture of the nation to which such foreign ships or vessels belonged. But it was provided that such repeal should take effect in favor of any foreign nation "whenever the President of the United States shall be satisfied that the discriminating or countervailing duties of such foreign nation so far as they operate to the disadvantage of the United States" had been abolished.53 President Monroe received satisfactory evidence from the Free City of Bremen that after a certain date all discriminating or countervailing duties of the city, so far as they operated to the disadvantage of the United States, had been abolished. Accordingly, on July 24, 1818, he issued a proclamation declaring that the acts of Congress upon that subject were repealed so far as they related. to the produce and manufactures of that city, and he issued similar proclamations relative to the produce and manufactures of Hamburg, Lubeck, Norway, and the Dukedom of Ogdenburg.54 § 78. Same subject-Continued. The act of March 3, 1817, prohibited the importation into the United States, in any foreign vessel, after the fourth day of July of that year, of plaster of paris, the production of any country or its dependencies from which the vessels of the United States were not permitted to bring the same article. The act, by its terms, was to continue in force for five years from a certain date, with the provision that "if any foreign nation or its dependencies which have now in force. regulations of the subject of the trade in plaster of paris, prohibiting the exportation thereof to certain ports of the United 543 Stats. App. 1. 2 Stats. at Large, 411. 3 Stats. at Large, 224. States, shall discontinue such regulations, the President of the United States is hereby authorized to declare that fact by his proclamation, and the restrictions imposed by this act shall, from the date of such proclamation, cease, and be discontinued in relation to the nation, or its dependencies, discontinuing such regulations." 55 In pursuance of this provision President Monroe issued proclamations respecting the trade with Nova Scotia and New Brunswick.56 An act approved January 7, 1824, relating to discriminating duties of tonnage and impost, provided that "upon satisfactory evidence being given to the President of the United States, by the government of any foreign nation, that no discriminating duties of tonnage or impost are imposed or levied within the ports of the said nation, upon vessels wholly belonging to citizens of the United States, or upon merchandise, the produce or manufacture thereof, imported in the same, the President is hereby authorized to issue his proclamation, declaring that the foreign discriminating duties of tonnage and impost within the United States are, and shall be, suspended and discontinued, so far as respects the vessels of the said nation, and the merchandise of its produce or manufacture, imported into the United States in the same; the said suspension to take effect from the time of such notification being given to the President of the United States, and to continue so long as the reciprocal exemption of vessels belonging to the citizens of the United States, and merchandise, as aforesaid, thereon laden, shall be continued, and no longer.57 The statute 55 3 Stats. at Large, 361. 563 Stats. App. 1. 54 Stats. at Large, 3. The act of May 24, 1828, contained a similar section. 4 Stats at Large, 308. See, also, U. S. Rev. Stats., sec. 4228. The following proclamations were issued by the Presidents of the United States in execution of these acts: By Adams, July 21, 1828, 4 Stats. App. 815. By Jackson, May 11, 1829, June 3, 1829, September 18, 1830, April 28, 1835, and September 1, 1836, 4 Stats. App. 814, 815, 816; 11 Stats. App. 781, 782. By Polk, November 4, 1847, 9 Stats. App. 1001. By Fillmore, November 1, 1850, 9 Stats. App. 1004. By Buchanan, February 25, 1858, 11 Stats. App. 795. By Lincoln, December 16, 1863, 13 Stats. App. 739. By Johnson, December 28, 1886, and January 29, 1867, 14 Stats. App. 818, 819. By Grant, June 12, 1869, November 20, 1869, February 25, 1871, December 19, 1871, September 4, 1872, and October 30, 1872, 16 Stats. App. 11271137; 17 Stats. App. 954-957. By Hayes, November 30, 1880, 21 Stats. at Large, 800. of May 31, 1830, repealed all acts and parts of acts imposing duties upon the tonnage of ships and vessels of foreign nations, but provided that the President of the United States should be satisfied of the abolition of the discriminating or countervailing duties of such foreign nations to the extent to which they operated to the disadvantage of the United States.58 President Pierce, pursuant to the act of Congress of August 5, 1854, effectuating the treaty between the United States and Great Britain, of June 5, 1854, issued a proclamation on December 12, 1855, declaring that he had received satisfactory evidence that the province of Newfoundland had consented in a due and proper manner to have the provisions of the treaty extended to it, and to allow the United States the benefit of all its stipulations so far as they were applicable, and, therefore, that certain articles specified in the treaty should be admitted from that province free of duty.59 § 79. Importation of neat cattle.-Congress, by an act approved March 6, 1866, prohibited the importation of neat cattle and the hides of neat cattle from any foreign country into the United States, but provided in the act that its operation might be suspended as to any foreign country or countries, or any parts of such country or countries, whenever the Secretary of the Treasury should officially determine, and give public notice thereof, that such importation would not tend to the introduction or spread of contagious or infectious diseases among the cattle of the United States. The act also provided that "the President of the United States, whenever in his judgment the importation of neat cattle and the hides of neat cattle may be made without danger of the introduction or spread of contagious or infectious disease among the cattle of the United States, may, by proclamation, declare the provisions of this Act to be inoperative, and the same shall be afterward inoperative and of no effect from and after thirty days from the date of said proclamation." 60 These provisions were embodied in sections 2493 and 2494 of the Revised Statutes until the passage of the act of March 3, 4 Stats. at Large, 425. Section 4219 of the Revised Statutes continues this provision. 510 Stats. at Large, 587; 11 Stats. at Large, 790. eo 14 Stats. at Large, 3. Treaties-6 1883.61 The tariff act of 1890 also prohibits the importation of neat cattle and the hides of neat cattle from foreign countries, but confers authority upon the Secretary of the Treasury to suspend the operation of the act as to any country when he may determine that such importation will not lead to the introduction or spread of contagious or infectious diseases among the cattle of the United States.62 § 80. Products of Cuba and Porto Rico.-President Arthur, acting under the authority of section 4228 of the Revised Statutes, issued a proclamation by which he declared that after the first day of March, 1884, duties on the products of, and articles proceeding from, Cuba and Porto Rico under the Spanish flag should be suspended and discontinued so long as the products of, and articles proceeding from, the United States, imported into those islands should be exempt from discriminating customs duties.63 President Cleveland, upon the ground that higher and discriminating duties continued to be imposed and levied in these ports upon certain produce, manufactures and merchandise imported into them from the United States and from foreign countries, in vessels of the United States, than were imposed and levied on like produce, manufactures and merchandise carried to those ports in Spanish vessels, revoked by proclamation the suspension made by President Arthur.64 An act of Congress, passed in 1884, removed certain burdens on the American merchant marine, and for the purpose of encouraging the American foreign carrying trade imposed certain tonnage duties upon vessels entering the United States from any certain foreign ports. The President, however, was given authority to suspend the collection of so much of those duties, entering from certain ports, as might be in excess of the tonnage and lighthouse dues, or other equivalent tax, imposed on American vessels by the government of the foreign country in which such port was situated, and he was empowered upon the passage of the act, "and from time to time thereafter as it may become necessary by reason of changes in the laws of the foreign coun 6122 Stats. at Large, 489, c. 121, sec. 6. 62 26 Stats. at Large, 616, c. 1244, sec. 20. 323 Stats. at Large, 835. tries above mentioned, to indicate by proclamation the ports to which such suspension shall apply, and the rate or rates of tonnage duty, if any, to be collected under such suspension." 65 Both Presidents Arthur and Cleveland suspended by proclamation the collection of duties on goods arriving from the certain mentioned ports.66 § 81. Appropriation of money.-At one time it was contended that if a treaty was made by the United States providing for the appropriation of money, the consent of the House, of Representatives was necessary to carry the treaty into effect, and that the power of the House to grant or refuse an appropriation for the purpose was as well known to the other contracting party as was the consent of the Senate to the preliminary adoption of the treaty. Acting on the assumption that the House was free, if so disposed, to refuse appropriation to effectuate a treaty, and might itself determine whether the treaty should be made, the House, on March 24, 1796, asked the President for the facts. relative to Jay's treaty, the ratification of which was proclaimed by the President on February 29, 1796, and the proclamation was communicated on March 1, 1796, to the two branches of Congress. President Washington declined to comply with the request, saying: "Having been a member of the general convention, and knowing the principles on which the Constitution was formed, I have ever entertained but one opinion on this subject; and from the first establishment of the government to this moment, my conduct has exemplified that opinion, that the power of making treaties is exclusively vested in the President, by and with the advice and consent of the Senate, provided two-thirds of the Senators present concur; and that every treaty so made and promulgated thenceforward became the law of the land. It is thus that the treaty-making power has been understood by 23 Stats. at Large, 57. 23 Stats. at Large, 841, 842, 844. A practical construction of the Constitution as manifested by many acts of Congress covering a long period of time should not be overruled, unless the court is convinced that such legislation is clearly incompatible with the Constitution. Stuart v. Laird, 1 Cranch, 299, 2 L. ed. 115; Martin v. Hunter, 1 Wheat. 304, 4 L. ed. 97; Cooley v. Port Wardens, 12 How. 299, 13 L. ed. 996; BurrowGiles Lithographic Co. v. Sarony, 111 U. S. 53, 4 Sup. Ct. Rep. 279, 28 L. ed. 349; The Laura, 114 U. S. 411, 5 Sup. Ct. Rep. 881, 29 L. ed. 147. |