This action might not be possible to undo. Are you sure you want to continue?
two contracting natlous, could not well be enforced by an action at Is w. The bill and amended bill make a case for the interposition of a court of equity. Demurrer overruled.
4. The provision made by the act (section 1, par. 231) for the payment of bounties to the sugar producers of the United States is not so Inttmately connected with the provisions relating to duties on imports as tbat a decision declaring that provision unacnstltutlonal would invalidate the Whole statute. 45 Fed. Rep. 175, affirmed.
Mr. Chlet Justice FULLER, with whom Mr. Justice LAMA n, dissen ting. Mr. Justice LAMAR and myself are unAppeal from the circuit court or the able to concur in the decision just 00- Uni ted States for the northern district of oC;nounced. Illinois. Affirmed. ~ 'l'bis court has original jurisdiction of Appeals from the circuit court of the • two classes of case8·only,-tbose affecting United States for the southern district of ambassadors, other public mlntstera, and New York. Affirmed. consuls, and those in which a state shall Cb8S. Curie and W. Wickham Smith, for be a party. Boyd et fl1.. (No. 1,049.) s. G. Clarke anrl The judicial power extends to "controE. B. Smith, for Sternbach et al., (No. versies betweeo two or more states, .... be- 1,050.) N. W. Bliss and John P. WilsO'" tween a state and citizens of another for Marshall Field & Co., (No. 1,05:!.1 'state," and" between a state, or the citiA tty. Gen. Miller and Sol, Gen. Taft, fOI· zens thereof, and foreign atares, citizens. United States Collector in all the cases, or SUbjects." Our original [urtsdlc tlon, ~ wblcb depends wholly upon the character .. Mr .• Tustice HARLAN delivered the opinJ' ~f the parties, Is confined to the cases -euumera ted in which a state may be a Ion of the court . Du ties were assessed and collected, ac.party, and this Is not one of them. '.rhe judicial power also extends to con- cording to the rates established by what:g Is known as tbe "Tariff Act of October 1,= troversies to wbich the United States *18HO," on woolen dress goods, woolens ehall be a party, but such controversies wearing apparel, and silk embrotderles.e .are not Included in the grunt of original Impor-ted by Marshall Field & Co.; on silkg jurisdiction. To the controversy here the -and cotton laces imported by Boyd, Sut-" United States is a party. ton, & Co.: and on colored cotton cloths We are of opinion, therefore, tha t this imported by Herman, Sternbach & Co.g -ease is not witbin the original jurisdiction 26 St. p. 567, c. 1244. ~ 1. ,of the court. • The importers severally protested= (143 U. S. 649) against the assessment, upon the ground= FIELD et al. v. CLA RK, Collector. (No. 1,052.) tbat the act was not a law of the Unlte(J~ BOYD et 81. v. UI\ITED STA'rES et al, (No. ·8tates. Upon appeal to the board of gen-. 1,049.) ST8RNBACH et a. I. v. U:'ITED eral appraisers under the act of .Tune 10, STATES. (No. 1,050.) lS!)O, known as the "Customs Administratf ve Act, " the decision of the collector In... (February 29,1892.) each case was approved. Chapter 407, §§~ A<..'TS OF CONGRESS-AuTIIE~TICATION-REFERENCE 14, 15. pp. 131, 137, 26 St. The-judgment ate TO JODRNA.LS-CO:<lSTITUTIONAL LAw-DELEGAt.he board having been affirmed by tbe clrTION OF LEGISLA.TIVE POWER-RECIPROCITY. 1. When a duly-enrolled bill, signed by cuit courts of the United States in the respective districts in which these matters -the speaker of the house of representatives, the arose, the cases have been brought here .president of the senate, and the president of the United States, is placed in the custody of the sec- for review. -retary of state, its authentication as a law of The appellants question the validity of -the United States is complete, and no reference the act of October 1, ]890, upon three .ean be had to the journal of either house, to the grounds, to be separately examined. ,reports of committees, or to any other documents 1. The seventh sectlun of article 1 of the ·printed by authority of congress, for the purpose constitution of the United Sta tes provides: ·of showing that a section of the bill, as it finally ..All bills for raising revenue shall origi.passed, does not appear in the aut as thus aunate in the house of representatives. but ·thenticated. 2. This decision is not Inconsistent with the the sen a te may propose or concur with .eonstttutional requirement (article 1, ~ 5) that umendmen ta as on other bills. Every bill -each house shall keep and publish a journal of its which shall have passed the house of rep'proceedings, and shall enter thereon the yeas resentatives and the senate shall, before it and nays of the members, when requested by one'fifth of those present; or with Rev. St. U. S. § becomes a law, be presented to the president of the United States; if he approve, '895, declarmg that certified extracts from the he shall sign it, but, if not, he shall return .~ournals "shall be admitted as evidence in the courts of the United States, and shalt have the it. with bis objections, to that bouse in -same force and effect" as the originals. which it shall have originated, who shall 3. Act Congo Oct. 1, 1890, § 3, authorizing the enter the objections at large on their Jour.presldent to suspend, "for sucb time as he shall n81. and proceed to reconsider it. If, after -deem just," the provisions of that act allowing such reconsideration, two-thirds of that ·the free importation of sugars, morasses, coffee, 'tea, and hides, as to any countries which im- bouse shall agree to pass the bill, It shall be sent, together with the objections, to pose upon the products ofthe United States duties which he "may deem to be reciprocally unequal the other house, by which it shall Hkewlse .and unjust," cannot be considered a delegation be reconsidered, and, if approved by two.of legislative oe treaty-maklng power; especially thirds of that bouse, it shall become a la w. In view of the fact that, from the foundation of But in all such cases the votes of both ·the government, congress has frequently invested houses' shall be determined by yeas and the president with similar discretion. Mr. Chief nays, and the names of tbe persons voting .Justice FULLER and Mr. Justice LUlU dissentfor and against the bill shall be entered OD .1Dg.
1890. 30.tives. or not having been returned Ly him with his oblecttons. Reed. and thereby becomes a law or takes effect. from the performance of which it may not shrink. In view of the express requirements of tbe constitution. was or was not passed hy congress. as it finally passed. resolution. nor In the president to approve. The contention of the appellants Is that this enrolled act. . or ~ vote of tbe senate and house of represent• Rti\"es. shall barepassed by two-thirds uf the senate And house of representati ves. MCPHERSON. respectively. nor in the secretary of state to receive and cause to be published. according to the rules and ltmttattons prescribed in the case of a hill. order. and such rebate to manutacturers may be paid in stamps at the reduced rate. originating in the house of representatives or the senate. or vote to which the concurrence of the senate and house of representatives may be necessary (except on n question of adjournment) shall be presen ted to the presiden t of the United t::ltates. neld by manufacturers or dealers at the time the reduction herein provided for shall go into effect. St. unless the congress by their a dlournmen t prevent its return. as may be necessary to carry this sect. or vote is returned by the president with bls objections and. That on all original and unbroken factory packages of smoking and manufactured tobacco and snuff. beca use-such Is the allega tion-It • Is shown by th~·congressl"nal records of proceedings. the same shall be a law. ~ • But this concession of the correctness 01the general principle for which the appellants contend does not determine the precise question before the court. and had tbereon these indorsements: "Approved October 1. 3808. 3807. the duty of this court.196 SUPREME COURT REPORTER. does not hecome a law of the United States if it had not in fact been passed by cungress." house. is that a bill. That duty was performed by the secretary of state with respect to the act in question. becomes a Iuw or takes effect. "I certHy that this act originated in the bouse of representa. there shall be allowed a drawback or rebate of the full amount of the reduction.·baving been approved by the president. on one hand. There is no authority in the presiding officers of the house of represen ta tl ves and the seua te to attest by their Signatures. that a section of the bill. In behalf of the appellants. '1'he sec tton alleged to have been omitted was as follows: "Sec. It shall be the d IIty ot the com missiuner of internal revenue. any bill not passed by con-e gress. speaker of the house of represen tattves. upon its face. VOL. as its Importance required that it should recei ve. This question is IIOW presented for the first time in this court. "Every order... as an act passed by congress." It Is made the duty of tbe secretary of state to furnish to the congressional printer" a correct copy of evpry act and [otnt resolution. and approved by the president. when so received. and delivered by tbe latter to the secretary of state. In the custody of the secretary of state. without such approval. to adupt such rules and regula'tlons. Octo. it sball furthwith be received by the secretary of state from tbe president. on being reconsidered. Clerk. to ha ve become a law in the mode prescribed by the constitu tion." Section 204. It bas received. In all its ~ parts. in accordance with the constitution. and. ber I. For the payment of the rebates provided for in this section there is hereby appropriated any money In the treasury not otherwise appr oprtateJ . signed by tbe speaker of the house of represent a ti vea and by the presiden t of the sena te." The Revised Statutes provide tbat !Xl" whenever a bill. being disapproved by him. was not in the bill authenticated by the signatures of the presiding officers of the respective houses uf congress. or. but the same shall not apply in any case where the claim has not been presented within sixty days following the date of reduction. designated on its face" H. "EDW. reports of commtttees of eacb II "BENJ. and appearlng. Morton. orspeakerofthe house ot representatives. and whenever a bill. the most delibera te consideration. 120 the journal of each house. The argument. HARRISON. is agreed to be passed. Rev. 9416. reports of committees of conference. presen ted to and approved by the president of the United Sta tes. resolution. and the act appears in the volume of statutes publlshed and distributed under the authority of the United States. in whtchsoever house It shall last have been so approved. wi th the approval of the secretary of the treasury.ion into effect. shall he approved by him. order. aa soon as possible after its approval by the president. resolution. In which case it shall not be a law. 1890. is to be =deemed an absolute nullity. and no claim shall be allowed or drawback paid for a less amount than f ve dollars. upon which the tax has been paid. or nfter it has become a law. We recoguize. and other papers prin ted by authorIty of congress. 3805. to give full effect to tne provisions of the constitutlun rela ttng to the enactmentof laws that are to operate wherever the aut horl ty and Jurisdiction of tbe United States extend. §§ 2)0. and asserted to have become a law. in like manner as if he had signed It. ali!a legislative act. and he shall carefully preserve the originals. vice-pr-esidetrt of the United States anrt president of the senate. The original enrolled act in questlon. was attested by the signa turea of Thomas B. the correctness of this general prtnciple cannot be doubterl. hefore the same shall take effect . If any bill sball not be returned by the president witbln ten days (Sundays excepted) atter it shal] have been presented to him. and to prescribe and furnish such blanks and forms. for it remains to inquire as to the nature of the evidence upon which 8 court may act when the issue is made as to whether a bill. and. and Levi P. find is approved by two-thirds of botb houses of congress. R. and having reference to house bill 94]6." was received at the department of state. It shall be received by the secretary of state from the president of the sell ate. 3g03.
And when a bill. all acting with a common purpose to detent an expresston of the popular will in the mode prescrtbed . we cannot be unmindful of the consequences that must result if t his cuurt suouln feel obliged. as Mr. and having the official attestations of the speaker of the house of representatives. with theduty of enacting and executing the laws. usage. And it iR founded in sound policy and deep polrtical fore· Sight. * It * So long as known and open responsibility is valuable as a check or an incentive among the representa tlves of a free people. Intrigue and cabal are thus deprived of some of their main resources. The clause of the constitution upon which the appellan ts rest their contention that the act in question was never passed by congress is the one declaring that "each house shall keep a journal of its proceed. to the president. it becomes possible for the speaker of the house of representatives and the president of the senate to impose upon the people as a la W a hill tha t wus neyer. thus attested. Although the constitution does not expressty require bil ls tha t ha ve passed congress to be attested hy the slgnat ures of the presiding officers ui the two houses. charged. The signing' by the speaker of the house" of representatives. of the president of the sena te. and therefore did not become a law. Cl~ARK. be entered on the journal. resolu tions reports.12s. in fact. when the question properly arises. in reo spect to the par ttcular mude in which. Rut the contention is that it cannot be regarded as R. and by the approval of the preslrlen t. require thata mode of authen tication. But this posAihility. 841. No such quest ion is presented for determination. all bills authentlcated in the manner stated. on which depend public and private intereats of vast magnitude.0. and the rules under which the two bodies hav« acted since the organization of the government. and of the presiden t of the United 8ta tes. is an offlcial attestation hy the two houses of such bill as one that has passed congress. or preclude congress from adopting any mode to that end which its wisdom suggests. ~: . and a correspondent responsibility of the members to their respective constituents. and approved by the president. of an enrolled bill. Const. receives his approval. Ings. so long 8 journal of their proceedings and their votes. through their presidtng officers. It is a declaration by the tWIJ houses. P'lOn the contrary. or with what Iullness. prescribe the mode 497 v. that a bill. and that it is delivered to him in obedience to the constitutional requirement that all bills which pass congress shall be presented to him.~ passed l)y congress.tlle object of this clause was to make the journal the best. or on Jy rE:'ferre." 2 Story. respectively. either expressly or by necessary irnpllca tiun. It suggests a deliberate conspiracy to which the presiding officers. except such parts us may in their judgment require secrecy. as ha vtng pa ssed COIlgress. and which has been authenticated by the signatures of the presidingofflcers of the two houses of congress. and by the president 01 the senate. in w hleh it was signed hy the presiding officers of the two houses. the orderly couduct of legtslatfva proceedings. It was assumed in argument t11at. To what extent the validity of leg isla ttve action may be affected by the failure to have those matters entered on the journal we need not inquire. On the other hand. It is said that. passed by the two houses of congress. by plotting and devising measures in secrecy. evidence upon the issue as to whether a bill was. and votes are ascertained. thus attested. under any other view. The public mind iR enligh tened by an attentive examination of the puhlic measures. will conttnue to enjoy public favor and he demanded by public opinion. orders.j to 1I1111 designated by their titles or by numbers. not hy vague eoulecture. was not in fact passed by the bouse of representattves and tbe senate. is sutttclent evidence of itself-nothing to the contrary appearing upon its face-that it passed congress. the committees on enrolled bills. and to accept. published in the face of the world. §§ 840. But the words used do not require such interpretation. Nor does any clause of that instrument. with the constitution. but by positive facts.FIELD e." Article 1. in open session. the constttu tion expressly requires tha t they shall hI' entered on the journal. "the object of the whole clause • is to insure punltctty-to the proceedings of the legislature.. in due form. the sauctton of the legislative branch of the government. if not conclusive. in fidelity to the constitution. carries on its face a solemn assurance by the legislative and executive departments of the government. The respect due to coequal and Independent departments require" the judicial department to aet upon that assurance. thus authenticated. as an act of congress. and amendments shall be P. and the yeas and n(1YSof the metnbers of either house on any question shall. But it is clear that. In ff~gard to certain matters. whe ther the act so authenticated. its a nthentication as a bill that has passed conzresa should be deemed complete and unimpeachable. to declare tha t an enrolled bill. § 5. Justice :story has I:.-32 in which the fact of the original passage of a bill by the house of representatives and the senate shall be authenticated. shall be kept the proceedings of either house relating to matters not expressly reqnired to be entered on the Icurnala: whether bills. patriotism and integrity and wisdum obtain their due reward.-these and like matters were left to the discretion of the respective houses (If congress. and the clerks of the two houses must necessarily be parties. law of the United States if the journal of either bouse failH to sno w that it passed in the precise forn. well said.11 tered 1:1 t la rge on the [ournal.at the desire of onefifth of those present. It is admitted that an enrolled act. As the president has no authority to approve a bill not passed by congress. leaving the courts to determine. has received. h~in conformit~. that it was passed by congress. and is deposited ill the public archives. an enrolled act iu the custody of the secretary of state. and from time to time publish the same. and been deposited in the public archives.~ is too remote-to be seriously consldereri" in the present inquiry.
in judging of consequence". J. 12. at any and all times. that. be liable to be put In issue and impeached by the journals. OIl any considerations of puulie policy. • • • The result of the authorities in England and in the other states clearly Is tbat. for It Is obvIous that any law can be invalidated by the interpolation of a few lines or the obliteration of one name and the substt tu tion of another in its stead. and inform rtself the best way it can. The evils that ruay result from the recognition of the principle that an enrolled act." The pro visIons of the Callforn ia constitution. state and national. of the journals of the respect! ve houses of the legislature and the enrolled act. did not design to create rec'OI'ords that were to be the ultimate and ~r. some express constitutional or statutory pro vtslon requiring some relaxation of the rule. -It • " In addition to these considerations.173. the question is to tried and determined by the court as a question of law. that a provision should occasionally find its way into the sta tute through mistake. !a6. at common law. The court. Is Iorbidden by the respect due to a co-ordinate branch of the government. perhaps some of the oiliest and most important. as well as upon the ancient and well-settled rules of law. The bill there In question. Rt!p.-that is to say. which is concluslve as to what the sta tu te Is. than that every act. 32 N. and cannot be Impeached. should. 733. VOL. The chief jnstice said: "Can anyone deny that. to some of which it is well to refer. J. and the departure has never been extended beyond an inspection of the journals of botb branches of the le~i!. or its existence denied. or even fraud. and the approval of the president. the constitutIon. 276.said: "Better.498 by SUPREME COURT REPORTER. based upon such a suggeation. It is scarcely too much to say that the legal existence of almost every legislative act would be at the mercy of all persons having access to these Journals. Stevenson. even in constttutional particulars. would be far less than those that would certainly result from a rule making the v alirl! ty of congressional enactments depend upon the manner in which the journals of the respective houses are kept by the subordinate officers charged with the duty of keeping them. was conclusi ve proof of the enactment and con tents of a statu te. Story. or any other less authentic or less satisfactory memorials: and that there has been no departure Irom the principles of the common law in this respect in the United States. Such a state of uncertain ty in the statu te la ws of the land would lead to mischiefs absolutely intolerable. 37. The views we have expressed are supported by numeroua adjudications in this country. if [udged by this erlterion. speakIng by Chief Justice BEASI.1!)lO Atl. and parol evidence. is conclusive evidence that it was passed by congress. the· whole su bject was carefully considered. In the nature of things It was ohserved these journals must have been constructed out of loose and hasty memoranda made in the pressure of business and amid the dtstractlons of a numerous assembly. in the custody of the secretary of state.which provision is in almost the same words as the above clause quoted from the tedera Iconstttu tion. will not be found defective. and could not be contradicted by the leglslattve [ournals or in any other mode. those which affect large classes of persons or on which great interests depend. a copy of a bill bearing the signatun-s of the presiding offlcers of the two houses of the legislature and the approval of the governor. destroyed.184. under the prevalence of such a doctrine. the question arose as to the relati ve val ue. were subst an ttally like the clause upon that subject in the constitution of the . Justice SAWYER." The conclusion was that upon grounds of pu hlic policy. and found in the custody of the secretary of state. In Pangborn v. we are to remem bel' the danger. 253. it was alleged.EY.Attorney General. or taken in pursuance of.270. authent lca ted by the signatures of the speakers of the two houses and by the approval of the governor. 30 Cal. Referring to the provision In the constitution of New Jersey requiring each house of the leg-islature to keep a journal of its proceedings. if the enrollment of the statute is in existence. in my estimation. These prlnctples were affirmed by the New Jersey court of errors and appeals in Freeholders of Passaic v. to be apprehended from the tutentional corruption of evidences of tbis character. origiuated in the bouse and was amended in the senate. ill exacting the keeping of the [ournals. according to the forms of the cnnstttntlon. in force when the above case was decided relating to the Journals of legislative proceedlnga.onclu!. The doctrine contended for on the part of the evidence bas no foundation.• 1.latl1re. JudicIal action. loose papers of the legislature. Law. that tile stability of all written law will be shaken to its very toundation? Certainly no person can venture to say that ma ny of our statutes. far better. 46 N. so unauthenticated. but as presented to and approved by the governor dld not contain all the amendments made in the senate. speakiug through Mr. and in such instances the rule bas been relaxed by judges with great caution and hesitation. as evIdence of the passage of a bill. 46 N. whenever a general statute is mlsreetted. Young. 29. a tteated by the signa tures of the presiding officers (If the two houses of congress. said that it was impossible for the mind not to incline to the opinion that the fra mers of the constitution. or weakened by the [ournals of parliament. the enrollment Itself is the record.ive evidence of the conformity of • legislative action to the constitutional provisions rela ting to the enactment of laws. I cannot consent tu expose the stale legislature to the hazards of such probable error or facile fraud. v. ~ • In Sherman v. su imperfect. the court is bound to take notice of it. if the la ws of the state are to be tested by a comparison with these [ournals. that there is no plea by which its extstence can be put in issue and tried as a question of fact. in order that full effect might be glven to such provisions. L8w.Eq.-the court.and in Cahle Co. except in instances where a departure has been grounded on.
And this evldeuce is found and statutes declared to be not III w as upon the journals of the two houses. The doctrines or the above the correctness of the df'termInatlon of the court below as to the conclusion to he case were reaffirmed in People v. to be absolute verity. before they can becourt.: Lottery the legislature. and the couclusive evidence of its existence according to its purport. and. Ryan v. County of San Ma. 294. that the question after the public ha ve given faith original bill.accept as statutes. would he couclustve 01 its va lidf ty and A justice of the peace must do it. having passed the house. such bills ~the journals have been examined to im. kept in that the enrolled statutes fair upon their faces.. from the journals of those bodies. drawn frOID the legislative journals on 43 CaI. People. And try its valtdtimes lit each house. leaving the legislature this court. 14 the nature of an appeal ur writ of error or bill of review for errors apparent on Ill. public policy requires ernor. 64 N. to discover the history of the act or ascertain its provisions. Supervisors v. 23 Mo. and thereiore much the ground that. But It will be~ found. if a public the court. In the laat-ua med case it was said: the presiding officers of the two houses. The validity are made amid the confusion flY of a certain act WHS there questioned on journals a dispatch of huslness. Cuunty of Logan. there will be RII amount of tory provisions of a peculiar character. which requires that all hills.! will have the spec tacle of examiment. in all of quired to hunt through the juurnals whether a a ta twhich the house concurred. the face of the legislative records. Spangler v. of a with numerous ameno meuts. Let the courts ~was adopted in California. If some contradiction does not exist be. signed by the records Of the hlghest order.68 tween the journals and the bill signed by 121. J'usttce CAMl'B('. Smith." 238. will bp. as shown them rested upon constitutional 01' statuby the juurnals of the two houses of the legislature.LL. R1 Me. Swift. But It should be observed that the inquiry as to the validity of the statat a subsequen t date a new constitution utes thus tented. 160. did not contain certain amendments which bore dithe house And the president of the sena te and approved by the governor. that many of· tested by examining its history. 297. which. what is the law. "Were It not for the somewhat peeullar Where the law is to be declared by the provtston of our constf tutton. which passed it to their validity. and the ]51. authenticated as such in the pre· scribed mode. No man should be rewas sent to the senate. under which duly enacted. law.) departments uf government. 325. it must Inform Itsell aR best it can t.as are delivered by the Ieg isla ture as their teo v Soutbern Pae. and iR as much bound. 19 III. Burt. E very suit be.. 33]. as any other cuurt. properly certified by the speaker of as approved by the governor. 70 Ind. People v. 512.et Ioleq. 35 Ill. it must pertorrn this task as often as bers elect. C. anti shall be passed by a vote of 8 majority nf all the mem• fty by=tbe record con ta ined In the [ournals. 63 Miss. and the original. 176. Edger v. eases In other state cour-ts which proceed upon opposite grounds from those we(/. it was not law.Lynch. But the court added : "\Ve are not. upon-examination. 538." the result of their journalistic inquiry. 181. Groom. a bill thus signed and approved called on. R. analysta of the adjudged cases the court saId: ··Every other view eubo rdluatea Go verner. and painful uncertuinty appalling in its contemplation. and tion. 10 Nev. 36:&. If the validIty of every act published as la w is to be have Indicated as proper. have arwaya been held in England to be held that the enrolled act.t. legtsla ture to determine ute. If it may go beyond the come laws. required or authorized the court to multiplying a hundred-Iold the alleged go behind the enrolled act when the quesuncertninty uf the la w. " it . comes a 18 w. howand the circuit and chancery cour-ts will be ever. difficulty. from its introduction until it benation of journals hy justices of the peace. ~ . on appeal. in particularly the case in reference to the decisf ona in Illinois. Prescott v.Rep. The court. 244. 532.30 Ind. Co. for he binding force as a la w. if a private act. Journals must be explored to determine Ill. f> According to the theory or our legislation. This is statute may be called in question as affecting the right of a litigant. 13 Fell. prepared to say that a different rule constantly engaged in like manner. shall be read three several lienrolled and sign ell bill.Co. 18 Atl. 527. After a careful Browne. 8 Sawy. 17 Ill. Ann. A case very much in point is Ex parte In Week« v. Turley v. a bill has become a law there must be rp. " tents. ord evidence of eVf!ry material requireand WI. is a statrectly upon the issues in the case befure ute or not The enrulled act.tion was whether the RI'. Com missioners. acts. Moreover. WU. R. have often to try . Jacohy. and every court must do It. Evans v.. expressly or by necessary implicalitigation. it was said: "Legislative Wren. R3~. State of Nethat It is not allowable to look further vada v. although signed by the errors than the presiding officers of the twu houses of more likely to cuntain the legislature. and might not ha ve subser ved the public In terest equally well. in a vtg orous optnIon delivered by Mr. where the validity of a ed and deposited in the proper oftlce. v: Richoux. should not be put in pursuance of the constitution. as authenticatfore every court. and approved by the govcertifica tes of the presiding officers to be untrue. Is the sole exposition of its COIlconclusive. and of themselves governor.cto preserve the constitution and declare and apply the 18 w. Pacific Railroad v. 3i'i3. when has as much right. 743. Rep. 514. CLARK. • peach au-enrolled bill. was duly passed by the legislature. and disregards tbat co.560. and T'o the same general effect are Brodnax v. 722. if they president uf the senate and the speaker of the house of represant a ttves and the carry no 'death wounds' in themsel ves. because it appeared of our state. Thereare equal positiun In our system of the three . Stllrne. hut the bill. 'I'rus'tees. 547. 24~.FIELD o. 23 La. 499 United States.25 Ill.
tea. all tank bottoms. in accordance with the constitution. or from other documents printed by authority of congress. without considering the Question on principle. as an act which bas passed congress. the production of such country. it Is clear that this is not ~a statutory declaration that the journals • are the hlghes t evidence of the·fRets sta ted in them. molasses. by proclamation to that effect. the provislo ns of this act relating to the free introduction of such sugar. one and three-eighths cent per pound. and of the executive journal ot the senate when the Injunction of secrecv is removed. sirups of cane juice or of beet juice. could be shown by the legislative journals. the product of or exported from such designated country. therefore. Sec. 260. seven-tenths of one cent per pound. coHee. 94 (T. and for this purpose. and for every additional degree or fraction of a degree shown by tho polartscoptc test. concrete and concentrated molasses. All sugars abuve number twenu . arlslnz from the fact that the month and day. . on and after the first day of January. All sugars above number sixteen and not above number twentv Dutch standard of color. to be decided by the courts and judges. and in such case and during such suspension duties shall be levied. w hlch in view of the free introduction of such sugar. In each of those casea It was held tha t the question whether a seeming act of the legislature became a law. one and five-eighths cents pel' pound .. by the official signatures of the presldlng officers of the two houses and of the president. coffee. molasses. The question there was IlS to the' time when an oct of congress took effect. that it was competent for the court.eor of the time when a sta tu te too k effect.. upon that point. was relied on in argumeut as supporting the contentiun of the appellants. and. not appearing from the enrolled act. always seeking first for that which in its nature is most appropriate. (chapter 1244. and the point in judgment waa that the time when an admitted statute took effect." But referring now only to matters which the constttutton does not require to be en tered e on the Journals. molasses. may be overcome by what the journal of either bouse shows or fails to show. molasses. and been approved by the president.511. providing that "extracts from tbe journals of the senate. in deference to the decistons of the supreme court of Illinois interpreting the constitution of that state." The case of Gardner v. was a judicial one. tea. 667. Some reliance was also placed by appellants upun section 895 or the Revised Sta tutes." There was no question in that case as to the existence or terms of a statute. or complete evidence of all that = occurs In the progress of business In tbe respect! ve houses.) Is In these words: . but not the year. namely: "All sugars not above number thirteen Dutch stanuard in color shall pay duty on their polariscopic tests as follow8.. that the enrolled bill. that it is not competent for the appellants to show. tea. concentrated melada. § 3. tea. 2. much less tha t the a uthenticatlon of an enrolled bill. and shall have the same force and effect as the or-igfna ls would have If produced and antbenticated in court. for such time as he sha ll deem just. Supervisors. All sugars not above number thirteen. and hides. contained a section that does not appear in the enrolled act in the custody of the state department. We are of opinion. 3. and bides. or any of such articles. S. ]03 U. 12.-proceed upon any ground inconsistent with the views we have expressed. eighteen hundred and ninety-two. and hides into the United States he may deem to be reciprocally unequal and unreasonable. and paid upon sugar. coffee. 6 Wall. could be supplled in support of the act from the legislative journals. Dutch standard in color. the doubt. or of the house of representatives. shall be admitted as evidence in the courts of the Uuited States. from the journals of either house. and hides. in determining the validity of an enrolled act.~ namely: ~ . 499. It is scarcely necessary to say that that case does not meet the question here presented. for the reasons stated. imposes duties or other exactions upon the agricultural or other products of the United States. . 9416. 683. certified by the secretary of the Renate or by the clerk of the house uf representatives. That with a vlew to secure recIprocal trade with countries producing the following articles." as finally passed. The third section of the act of October I.. Perkins. We are uf opinion. Nor do the cases of South Ottawa v. and the executive to guard the publle interest in this regard. "All sugars above number thirteen Dutch standard in color shall be classified by the Du tch standard of color. unless the positive law has enacted a different rule. 1890. 105 U. raw and uncured. This omission. Walnut v. S. and pay duty as follows. VOL. Collector. from the reports of corumlutees. he shall have the power. 1t was said by the court: . R. as follows. melada. this court held. two-hundredths of one cent per pound additional. testing by the polariscope not above seventy-five degrees. coHee. Wade. on principle as well as 8 uthority. whenever and so often as the president shall be satisfied that the government of any country producing and exporting sugars. to suspend.. namely: All sugar above number thirteen and not above number sixteen Dutch standard of color. ~that whenever a qnestion arises in a court It of la w of the existence of a starute. or of the precise terms of a statute. designated "H. of the approval of the act by the president appeared upon the enrolled act in the custody of the department of state. and not a Question of fact to be tried by a jury. It was held. collected. or to become responsible for its neglect . and Post v. and it shall be his duty. to consult the legislative journals. S. the [udges who are called upon to decide it have a right to resort to any source of Information which in its nature is capable of conveying to the judicial mind a clear and sa tlstactory answer to such question.500 SUPREME COURT REPORTER.
On behalf of the United States it is Insisted that ~legislation of this character is sustained e by an early declslon of this court and by • the practice of the"government for nearly a century. as the case may be. said: .. whenever he shall think proper. or upon the ships and vessels of the United Stutes. and President AdamIJ . c. IJI·oduce. from the date of such proela ma tlou. 567. so far as it authorizes the president to suspend the provisions of the act relating to the frpe introduction of sugar. except sheep-aklns. §§ 4. "Hides. and if the other nation shall not" within a given time revoke or modify her edtcts In like manner. 1809. when~ congress was not in session. the remaining parts of the act would stand. the public safety shall so require. coffee. be revived and have full force anrt effect. g-rowth. raw. so far as It makes the suspeuston of certain provlstons and t ha going into operation of other provisions of an act of congress depend upon the action of the president based upon the occurrence of subsequent events..FIELD 0. and skins. '1'0 thts it was replied that the legislature did not transfer any power of legislation to the presldent. . with reference to trade and commerce. or merchandise from any port or place in Great Britain or Prance. Angora goat-skins. To what exten t do precedents in legislation aust atn the validity of the section under constdera tton." 2 St. pp. so revoked or modified her edicts "as that they shall cease to violate theneutral commerce of the United S'ta tea." 1 St. tea. 11. by nn act approved . 1794. from aud after the expiratiou of three months from the date of the proclamation aforesaid. ISHl. showing the ascer taiument by him of the fact that the edicts of certain nations had been so revoked or modified thnt they did not violate the neutral commerce of the United States. ]809. . of goods. forbidding the importation. or the ships and vessels of any foreign uatlon." This certatnlv is a de-cision that it was competent tor. p. and deuendenctes. or pickled. could Dot restrict their power of extending its operation without limitation upon the occurrence of any subsequent combination of events.. In t heee argument of that case it was cOlltendl'd~ by Mr. with the wool on. provided that "the presiden t of the United States be. as delega ting to him both legislative and treaty-making [Jowers. to lay an embargo on all shipa arid vessels in the ports of the United ~tates. 6]2. 605. to declare the same by pr-oclamatton . Justice JOHNSON. au thortsed. On the 2d of November. 41.. p. Molasses testing above fifty-six degrees. upon which the law should go in to effect. aud. according to polariscopic test. CLARK. is unconstitutional. be renewed with the nation so doing. Mr. c. and to continue or revoke the same. being an essential part of the system established by congress. and no longer. colonies. authorized the president.) dectartnz that in case either Great Brf taln or France. 1810. then certain sections of the act of 1809 ••shall. and that. 528. under such regulu tlons 8S the circumstances may require. after May 20. cease and be discontinued In relatiun to the nation revoking or modifying her decrees In the manner aforesaid. wares. so far as rela tr-s to the dominions. raw or uncured. declaring that it should continue In force to 8 certain time. which fact tbe president of the Cnited ~Hates shall declare by proclamation. § 4. speaking for the whole court. asses' skins. four cents per gultou. even if the third section were unconstitutional. Aml the restrictions Imposed by this act shall. The nineteenth section of that act." 26 St. 382. 7 Cranch. as their judgment should direct.1890. On coffee. whether dry." after which the trade suspended by tbat act and the act laying an embargo could . The plaintiffs in error contend that this section." 2 St. and for ae prescrtbed period. salted. pp. 501 Dutch standard of color. and hides. or the ascertainment by bim of certain facts. (chapter 39. two cents per pound. in his opln-s ion.Iune 4. unruanufactnred. Joseph R. 606. and to the articles the . and dependencies of the nat tun thus refusing or negtecttng to revoke ur modify her edicts in the manner aforesaid. Ingersoll that-congresscould not t ranster legtslattve power to the presldent. and made known by his proclamution. What was that case? The non-Intercourse act of March 1.congress to make the revtval 01 an act depend upon the proclamation of the presiderrt. that fact is entitled to great welght in determining the question before lIS. Congress passed. "~ugar rh-atntngs and sug ar sweepings shall be subject to duty either as molasses or sugar. the entire act must be declared null and void. frOID the urganlzation of the government to the present time. We can see no sufficient reason why the legislature should not exercise its discretion in reviving the act 01 March 1. without the wool. cunferred upon the presldent powers. 1809. in case either France or Great Britain shall so revoke or modify her edicts as that they shall cease to violate the neutral cornmerce of the Urrlted ::5t8tes. "On tea. before a named day.·" whenever. congress. President Madison issued his proclamation declaring that France had so revoked or modified her edicts as that they ceased to violate the neutral commerce of the United States. either expressly or conditlunally. 24. au w hlch day congress passed allother act. raw or unmanufactured. 'I'he Ret of 1809 expired on the 1st of May. to be made known by his proc!ama tion? If we find that congress hUB rreuuen tly. three cen ts per pound. like those conferred by the third section or the act of 'ctoner 1. tb a t they only prescrtbed the evidence which should be admitted of a fact. 01' manufacture of the domlutons. The same principle would apply in the case of the suspension of an act upon a coutingency to be ascertained by the presldent . one and one-halt cents per pound. The decision referred to is The Aurora. molasses. 372. ten cents per pound. and he hereby Is. During the admtnistratlon uf Washington. 388. eulorrles. and that to make the revival of a law depend upon the president's proclamation was to give that proclamation the force of a la w.
and he shall be. and the dukedom of Ogtlennurg. it was provided that the act should cont iuue in force five years from January 31. by his order to remit and discontinne. and nosttllttes which have been and are bv them encouraged and maintained against the vessels and other proper-ty of the ci tlsens of the United Sta tes. Ailk. 3 St. c. p. l~lS. at any time after the passim: of this act. It was made unlawful to irnport. 12. 2 St. if the same shall be continued. ]807. the act of June 13. 1817. July 24. § 5.l. provided that so much of the several acts Imposing duties on the tonnage (1f ships and vessels. 1815. millinery. c. hemp. approved January 7. wares. Satts-> factory proof having been received by President Monroe from the free city of Bremen that from and after the ]2th of May. being well ascertained of the premises. before the then next session of eouaress. by the government of any foreign nation. 361. authorized to make procla rnattou thereof accordingly. and he is hereby. authorized to make proclamation thereof accordingly. manutact nrea of glass. the production of any coun try or its dependencles from which the vessels of the United States were not permitted to bring the same article. ntctures. the president of the United States is hereby authorized to declare that fact by his procla rna tion. But the last act contained this section: "That the president of the United States be. "shall clearly disa vo w. 1. 4. and shall be found to refrain Irorn .1798. woolen bosiery. or its dependencies. § 4. tbat such sus- pension shall not extend beyond the second Monday in Decem bel' next. prohihiting the exporta tlon thereof to certain ports ot the United Sta tes. and all persons acting by Ill' uuder its authority. and May 21. approved by President Madison. 561i. which have now in force regulations on the subject of'the trade in plaster of Paris. file. 1799. 411. § 4. By an act concerning discriminating duo ties of tonnage and impost. pp. then and thereupon it shall be lawful for the president of the United States. 1815. 176. tro m and after . Norway. until July 1. and providing that if the government of France. in any foreign vessel. prohibiting the importation into the United Stutes. of chief value. intn the United States from any port or place in Great Britain or Ireland. Similar proclamations were Issued by him in respect to the produce and manufactures of Hamburg. aud also tu revoke such order. 39. Proclamations in executton of thts act were issued by President Monroe. If in his [udzment the public interest slrould require it: provided. or its dependencies." had been abolished. Both of these acts received the approval of President Jefferson." 1 St. the interest of the (lniter! States shall require. § 3. ready-made clothing. By an act uf congress approved April 18. disc on tinuing such regulations. cease and be dtscontinuerl in relation to the nation. c 77. he issued. beer. hts proclamation stating that the acts of congress upon that subject were repealed. from the date of such proclamation. p. c. woolen cloths whose invoice prices exceeded five shillings sterling per square yard. whenever. after November 1il. 1800. ::179." 1 St. 615. that: no discriminating duties of tonnage or impost are imposed or levied . in his opinion." 2 St. porter. for the time helng. ha ts. 565. IS2-!."~ bad been abolished. tin. p." 3 St. and merchandise im ported into the United States. 3 St. or brass was the rna terlal. so far 8S t hey operatee to the disadvantageof the United Stutes. approved February 9. An act of March 3. 29. The opera tion of tbls act was suspended by the subsequent act of December is. 22-1. anrt prints. By all act approved March 3. VOL. c. in favor of any foreign nation. 1806. c. contained this section: "That. port. App. depredations. "whenever the president of the United StateR shall be sa ttsfied that the discrIminating or countervailing: duties of such foreign nation. • and he shall be. and on goods. and is hereby. spikes. Lubeck. the restratnts and prohibitions aforesaid. or to any island.Tnly 4th (If that yeur. so far as the same respected the prod uce or manufacture of the nation to which such foreign ships or vessels belonge-l : such reo peal to take effect. silver and plated wares. "so far as they opera ted to the dlsad vantage of the United States. so far as the sa me related to the produce aud manufacture of that city. flax. . approved. with wbich a commercial In tercourse may safely be renewed." 3 St. and unconnected in the present European war. UDder the latter act tbe president Issued. pp. if he shall deem it expedient and consistent with the interest of the United 8tates. and ag alnst their national rights and sovereignty. nails. 2. proclamations declaring it lawful for vessels departing from the Uniterl States to enter certain ports of San Domingo. tu re· 10 mit and discon tinue the prohibitions and ~ restraints hereby enacted and declared. of plaster of Paris. further auspendlng commercial intercourse with France and Its dependencies. authorized further to suspend the operation of the aforesaid act. June 26. and the restrictions imposed by this act shall. either with respect to the French republfc. 613. and hereby is. lS06. 1. c. it was provided that "upon satisfactory evidence being gf ven to the president of the United States. IJ Life anrl Works of John Adams pp. as imposed a dtscrf mtnattng duty on tonnage between foreign vessels and vessels of the Uuited States. p. 177. relating to our trade with Nova Scotia and New Brunswick. A subsequent act. the agg resalons. and shall thereby acknowledge the [ust claims of the United States to be cousldered as in all respects neutral. 53. 1799. and between goods imported into the United Sta tes in Iurelgn vessels and veseels of the United States. suspending commercial Intercourse between the United States and France and its dependenctes. 1817. App. or In any of the colonies or dependencies of Great Britain. or place belonging to the said republic. all discriminating or countervailing duties of the said city. provided "that if any foreign nation. 1806. articles of which leather. shall dtscoutrn ue such regula tions. in violation of the faith of treaties and the la \vs of nations. it shall be la wiul tor the president of the United States. be repealed.502 SUPREME COURT REPORTER.
1R80. November 4. November 30. June 3. p. 1828. 1829. Imposed on American vessels by the government 01 . so far as respects the vessels of the said nation. December 16.. the operation of the act.1. In execution of these acts. whenever in his judgment the Importa tion of neat ca ttle and the bides of neat ca ttle may be m ade without danger of the introduction or spread of contagious or infectious disease among the cattle of the United :::. December 12. 815. manufactures. ]884. 3. removing certain burdens on the American merchant murine. 1883. 186B. or merchandise Impor-ted into them from the United StateR a nd from torelgn coun trles.) Johnson. June 12. (9 St. provided the presiden t of the United States should be satisfied that the discriminating or countervailing duttes of such foreign nations .818.tates. 11 St. (16 St. (4 St. "in a due and proper inanner. 581. CLARK. c. the United States. 3. 1836. flour. the WeRt India Islauds. the Importation of neat cattle and the hides 01 neat cattle from Hny ~rONlign country into the Unitec1 States -was prohibited.) Grant." had been aboltaherl. 1886. ]S30. S15. and to continue ·so lung as the reciprocal exem ption of vessels belonging to citizens of the United ·States. and September 1." 4St. (4 St. (]3 St. 1S7. and is substantially preser-ved in section 4228 of the Revised Statutes. and January 29. May 11. (9 St. 219. manufactures. February 25. and give public notice thereot. whenever he determined that such importation will not lead to the introduction Or spread uf contagious or infectious diseases among the cattle of the Unltell States. proclamations were issued by the prestdents of the United Sta tes as follows: Adams. President Pierce Issued his proclamation. 186~. 814. 1008. 111.. 816.• Great Britain of June 5. c. (14 St. whenever the secretary of the treasury should officially determine. or Ne wtoundla nd . than were imposed and levied on the like produce. 10 se. An(l by the tariff act of 1890. 819. Pursuant to the act uf congress of AuJlgust 5.1872. 781. 739.Heptember 4. upon the ground that higher and discriminating duties continued to. 4 St. and the preslden t was authorized to suspend the collection of 80 much of tbose duties. imported into the Unl tert States ill the same.1847. p. suspended and discontinued.1028. Chapter 1244. 425. into effect ~the trea ty between the United States and .: A subsequent statute of l\fay 31. Bermuda Ialands. " 14~t.l'IELD within vessels w [JOlly belonging fl. declaring that the foreign discriminating duties of tonnage and impost wtthin the United States are. ~hould be suspended aud rllscon tinued. 1854. 1127-1137. 795:) Lincoln. App. as might be In excess of the tonnage and lighthouse dues. Nuvember 20. September 18. so long as the products of. may. 1830. Sandwich Islands. App. Central America.) Polk. 11 St. aud the merchandise of its produce or manufacture. 26 St. lR28. but authority is ::riven to the secretary of the treasury to suspend the operation of the act as to any country." to have the provlalous of the above trea ty extended to it. earrvtnr. App. 954-957:) and Hayes. In vessels of the United Sta tea. IS63. ]2. (11 St. to be suspended as to any foreign country or countries. p. and merchandise as aforesaid. or other equivalent tax or taxes.. the importation uf neat cattle anrl the hides of neat cattle from foreign countries was prohibited. 190.1867.declaring that grain. thereon laden. 17 St. and shall be. App. upon to citizens of the . ]85. App_l004.835_ Preslden t Cleveland. (21 St. any such duties on the products of. and articles proceeding from. the ~produce or manufacture thereof. November 1.1866. 1001. ann encouraging the American foreign carrying trade. on vessels entering from certain porte. so far as they were applicable to Newfoundland. This provision Is preserved in section 4219 of the Revised Statutes. c. § 2. 4 St.}. breadatuffs of all kinds. be imposed and levied in the ports named upon certain produce. 24St. the president is hereby authorized to issue his proclamation. or any parts of such country or countries. c. p. December 28. by proclamation.1871. or upon mercbandise. July 1. and October 30. App. A similar see tlon was embodied in the act of May 24. and no longer. repealed all arts and parts of nets which imposed duties upon the tonnage of ships and vessels of foreign nations.. certain tonnage duties were imposer} upon vessels entering the Uuited States from any foreign port or placein North America. c. 1850. by proclamation of October 13. Bahama Ialauds. App. 503 of the said nation. 1835. imported "\In· the same. anrl articles proceeding from. United States.1869. and the same shall be afterwards inoperative and of no effect from and after thirty duys from the date of said proclamation. p. and numerous other specified articles should beadmitted free of duty from Newfoundland. 22 St. RO far as they operate to the dlsadvan tage of the United States. imported into the islands of Cuba and Porto Rico. c. p. ~ In execution of section 4228 of the Re-oo vised Statutes.a nan. February 25. that such importation would not tend to the in troduction ur spread of con tag lous or infectious diseases among the ea ttle of the United Stu tes. or merchandlse carried to those porta in Spanish vessels. 1872. the said -suspenslon tu take errect from the time of -such nortnca tion being given to the president of the Uuited States. should he exempt from discriminating" customs duties. App. he ha ving re. 269. 308. § 20. p. relating to the same subject. 'I'he same act provided tha t "the presiden t of the Dni ted States. 7S2. soo. Apl'il ~8. 121. p. declare the provisions oi this act to be inoperative. shall be continued. Cuba ann Porto Rico uoder the Spanish flag. the ports however.) Fillmore. App. App. 23 St. § 6. 616.1829. By the fourteen th section of the act of June 26. These provisions constituted sections ~493 and 2494 of the Revised Statutes until the passage of the act of March R. By an act of congress approved March 6. 121. revoked this suspension. 489.·Pr~sident Arthur Issued a: proclamatIon declaring that on and after the 1st day of March.ceived satisfactory evidence that that proviuce had consented.) Jackeou. App. and to allow the United States the full benefits of all Its stipulations. December In. ]884. 1854. p.) Bueh.
. Couley v. if any." and unthe president would examine the commerder regulations to becontinued orrevoked cial regulations of other countries produc"whenever be shall think proper." by the acts of March 3. to declare tile rethe foreign country In which such port peal. "wbeuever in his [udgmen t " their importation . molasses. Hunter.of ships and vessels. or eember 19. that is.ascertatned the fact that duties and exshall deem It expedient and consistent ncttons reciprocally unequal and unreawith the interest of the United States. 1794. 1890. and emhraclng almost the en. But that related only to the enforcement 80 revoked or modified Its edlcts as Dot of the pollcy established by congress. statutes relating to trade and commerce coffee. For the purpose invest the president with large discretion in matters arising out of the execution of of securing rectproeal trade wi til countries producing and exporting sugar. as to Great Britain or France. 279. 1890. often desirable.try of neat cattle and the hides of neat g ties on goods arriving from certain deslg. and hides. 1810. the discriwinating duties of such foreign indicate by proclamation the ports to which such suspenstun shall apply. coffee. but has the sanction of many precbe sustained. 841. "so far as they 0 pera te to the the rate ur ra tes of tonnage duty. in sonable were Imposed upon the asrricul tural or other products of the United his opinion. p. Nothing involving the expeThe autnoritz gh'en to the president by sion lasted. . molasses. 304. essary by reason of changes in the laws of and merchandise imported into the UntterI States. the practical construction of tho constttutton. presldent. the operation of the non-lm portag tion act of the Harne year. as given by so many acts of duction of such articles. It dues not. for the The act of October 1. vance. in the interest of their people. which congress had deter• ment tbp. 12." by the act 01 May 1.to violate the neutral commerce of the was absolutely required United States. 1866. the duration of the suspension so ordered. v.. 1 Cranch. tea. in their effect But wben he course with the French republic." had to be collected under such su-neuston. S. . in their application to the case before UB. 881." by the act of De. "'gress. and from time to time eral acts tmpcslng duties on the tonnage thereatter.Ing and exporting sugar. and hides. Board of Wardens. able. 01' the contrary. the suspension .351." :l3 been aholished. if not essential. Rep. molasses. wares. to revive a mined should tion in the premiaes except in respect to former act. the restratnts whether they were reciprocally equal and and prohihitions which congress had prescribed with respect to commercial in ter.. 299. The words" he may deem. and on goods. .1890.reasona ble. I Wheat. tea.St ates by a country producing porting sugar. It became his duty to issue a proc~ time. as to any foreign na tlou. by or exported from§ such designated"country while the suapen-« U. tea. precedents are stronger than -others. Rep. if either country had not. is not an entiretion of the appellun ts." whenever. "-must ranted by the constitution.299. to the power of legislation. diency urthe just operation of such legislathe act of June 4. 12 How. unless upon a and duties on the agricultural products of the United States.4 Sup. made without danger of the introduction • "It wonld seem to be unnecessary to make further reference to acts of congress or spread of contagious or infectious disease among the cattle 01 the United to show that the authority conferred be regarded as un warupon the president by the third secrlon of States. for the time being. molasses. by the act of March 6." by the act of February 9. in the parttcprotection of the interests of our people ular under consideration. Martin v. if the contenthe act of October 1. in his opinion. to suspend. of the sevwas situated.. the interest of the United and exStates shall reqnlre . Ct. Ct.pended as to any country producing exporting them that Imposed exactions tire period of our national existence. reciprocally unequal and unreasonthe land. permitting the free introdered. coffee. 23 St. which he found to be. Sa rony. . may be e nated ports. and shonld upon the passage of the act.cattle. gedents In legislation. As . to remit and dis. Stuart v. Laird. of course implied that the public safety shall so require. and na tions. and other should not be overruled. VOL. as often as it may become nec. 411. 57. tive power to the president Is a principle universally recognized as vital to the inthey all show tha t. which the conviction that such legislation was clearly incompatible with the supreme law of president deemed..Iama tion declaring the suspension. and form a judgment as to continue. 1830.57. to be tnoperantve. in ad309. 111 U.e"!! 53. public Interest should =requlre . if in his [ndg. 416. tea.1806. should be susanrl congress. 842. collected. He bad no discreIt. coffee. The Laura. to lay an emba rgo tion was left to the determination of the on all shfps and vessels in the ports of the United States. is not inconsistagainst the unfriendly or discriminating ent with that principle. " in the third section. disadvan taae of the United States.ecur. in regulations eatabliahed by foreign governany reat sense.. for a named bides. in respect to the ly new feature in the legislation of conthird section of the act of October I. congress itself dewith other nations. and paid on sugar. Lithographic Co. Congress itself prescribed. S." and "to revoke such order whenever. in the judgment of the of the system or legislative branch of the government. to declare the provisions of the act St.504 SUPREME COURT REPORTER. 1799. it is tegrity and maintenance government ordained by the coustttutlon. if he upon American products. by a named day. If the decision in the termined that the provtslons of the act of case of 'l'be Aurora had never been renOctober 1. While some of these That congress cannot delegate legisla. and May 31. when he should be" satisfied" that tile foreign COUll tries abo ve mentioned. In execution of that act Presiforbidding the importation intu this coundents Arthur and Cleveland issued proclamations suepenrllng the collection of du. f) Sup. 844. the duties to be levied. 1815. 315. 114 or hides. 1890. invest the president with ments. as to that country. produced.
. nuder some circumstances. by any mean!'). and conferring authority or-discretion as to its execution. Ct. sorghum. RO.ive will." provides that "on and after July first. in Locke's Appeal. those which directly im- posed duties upon artIcles Imported. while that which is unconatttuttonnl will be rejected. under the pro vistons of section three thousand six hundred and eighty-nine of the Revised Statutes. CLARK. "that the same statute may be in part constitutional and in part nnconstrtn-g tional. molasses. . In Moers v. 103TJ.FIELD e." 26 :St. 567. treasury not otherwise appropriated. 120 D. permitting the free introduction of sugar. with the approval of the secretary of the treasury. or from maple sap produced withIn the United States. 1890. should be suspended in a.the duty of determining whether the proper occasion exists for executing them. 005 when the president ascertained the existence of JI particular fact." The proper dtsttnctton.ascertalu and declare the event upon which its expressed will was to take effect. and in issuing hili proclamatton. to the latter no valid objection can be made. and that in case of sucn suspension certain duties should be imposed. What has been satd is equally applicable to the objectton that the thlrrl sectiun of the act in veats the president wtth treatymak iug power. He was the mere agent of the law-making department to .!:)::!. here raised.. it is clear that the parts of the act in which they are interested. tollo w that other parts of the act. a bounty of two cents per pound. But it cannot be said that the exercise of such discretion is the making of the Ia w. demand. or one the decision of whicb would be more far-reaching. § 1. or intends to make. or to things Iuture and impussible to fully know. There are many things upon which wise and useful legislution must depend which cannot be known to the 1a w-mak lng power. and excises.§ -dependent of each other. coffee. But we need not. and not less than eighty degrees." this court has said. or sugar-cane grown within the United States. because it is made to depend on a future event or act. was thls . 1890. . . he exercised the function of making la ws." So. constttu ttonal may stand. from beets. speaking for the supreme court 01 Ohio.. full and complete in themselves. duties. if not altogether. v." nineteen hundred and flve. Han the statutes on our books are in the alternative. that extended examtnation which a question of such gravity WOUld. The first can nut be done. it would not.ugar. it cannot be said that in ascertaining that fact. tea. eighteena: hundred and ninety-one. 491: "Tu assert that a law is less than a law. City of Reading. snall prescribe. 21 Pa. The act of October I. and that.H. 202. gtven contingency. the COUl·t said. is not liable tu the uhjection that it transfers legislative and trea tv-mukinu power to the president. 583. to pay the deb ts and urovide for the common defense and general welfare of the United States. speaking for the court. But the argument that the valtdity uf the entire act depends upon the validity uf the nountv clause is so obviously fonnded in error tha t we should not be justified in giving the question of constitutional power. its own action depend. Schedule E-l. . par." Ar-ttcle I. St. Worthen. § 8. It was a part of the law Itael]. "is between the delega tton ~of power to make the law. in obedience to the Iegtalat. 72 Pa. imposts. Rep. shall be paid. would remain in force. upon the scope and effect of that clause of the constitution gi vlng congress power" to lay find collect taxes. Louisiana. in this connection. and hides. from particular countries. If the parts are whollyin. and upon such sugar testingless than ninety degrees by the polariscope. asJudge RANNEY. What the president was req uired to do was simply in execution of the act of congress. 1 Ohio St. and must therefore be a subject of inquiry and deterrutna tlon ou taide of the halls of legisla tion ." Hailroad Co.. 3. from any moneys in till'.. 8. The question of constitutional powerthus raised depends principally. 231. . It was not the making of law. is to rob the legislature of the power to act wisely forthe public welfare whenever a la w is passed relating to a sta te of affairs not yet developed. Appellants contend that congress has no power to appropriate money from the treasury for the payment of these bouaties. 1244.97. It would he difficult to suggest a question of larger importance. would be Inoperattve. but it can make a law to delegate a power to determine some fact or state of things upon w hieh the law makes. there . namely. Commissioners. The legislature cannot delegate its power to make a law. "It is lin elementary principle. as it left the hands of congress. 4G9.. Even if it were. to the producer of sugar testing not less than ninety degrees by the polariscope. and until July§ first. which necea~sarilY involves a discretion as to what it • shall be. that the provisions. a bounty of one and three-tourtbs cents per pound. St. pp. the language of the court was: . Justice FIELD. under such rules and regulations as the commissioner of in ternal revenue.102. " AIIE-nv. "The true distinction. c. depending on the discretion of some person or persons to whom is confided .1 Mr. The court is of opinion that the third sec tlon of the act of October I. that which is. said: "Tt is only when nifferent clauses of an act are so dependent upon each other that it is evident the leuiala ture would not have enacted one of them without the 17 Sup. And in Huntington v. has well said. 88. Legislative power was -exercised wben congress declared that the suapenslon should take effect upon a named conttugency. To deny this would be to stop the wheels of go vernment. and that the provisions for them have such connection with the system established by the act of 189U that the entire act must be held inoperative and void. Even if the position of the appellants with respect to the power of congress to pay these bounties WI'I'e sustained. enter upon the consideration of that question. those laying duties npun articles imported. to be exerclsed under and in pursuance of the law.
in United States he may deem to be reciprocally unequal and unreasonable. legislative power can be delegated by other-as when the two things provided congress to any other depart men t of the are necessary parts of one system-that government. remain in the organ where it is lodged by imported articles are so connected with that instrument." That no part 01 this I . 1809.v. tea. tea."'two. which in view of" different parts of the ac t. "Reciprocity Provlstou. nor can it be made tu appear from the act. materially January. But it cannot be as. § 4) w hleh enacted States. of 01'" and not separately for the purpose of ac. tea. and for this ent kinds.Impossible to a void*it.7 Cranch. the object of the in violation of paragraph 2 of the secondact was not only to raise revenue for the It. Undoubtedly. That" act ha "ing expired. the produe tton of' country. upon imported articles. eighteen hundred and ninety-~ depended the national prosperity and the national safety. in a general sense.uttonal Iegtala tton. p. 1809. Justice LAMA H. a general revenue character i8 sustained by any decision of statute should never be declared inoperathis court. ' act and the act laying an embargo could so doing. with whom conMay 20.alter w hich . which provides that "all legis"that in case either Great Britain or lati ve po wers herein granted shall bp vestFrance shall.. ~ were respectively designed. and paid upon sugar. Chief J'us tlce FULLER. before the 3d day of March ed to a congress of the United States. imposes duties or other exactions' the clause giving bounties on the nruducupon the agricultural 01' other products. tirely separable in their nature. VOL. aud we desire to state very. Unless it be as follows. that the provisions Imposlug du. known as thecountry. rlissentFrance. 'When there ts no such veraally recog nizerl as a principle essenconnectlon and dependency. deem just. mooperation. ]810. duttes shall be levied. and produce the utmost this section. the trade suspended briefly the "round of our dissent from it. authorized. and in such case. or any of such been adopted except in connection with articles. the act will of stand. and each is affirmed. is that embodied in the actsconfusion in the business of the en tire of congress of ]80!) and lInO. and is unlof one clause. have the power. for bounties on articles produced in this coffee. The chief justice and myself concur in the United StateH lie. so revoke or modify her edicts as whicb shall constst of a senate and house that they shall cease to violate tbe of represeut attves. repugnant to the first section of the first congress on the 1st of Ma. support of the government. though different part!'! of it are re. iR an the whole act will fall with toe Invalidity axiom in coostitutionallaw. and ties on Imported articles would not have hides. in case either Frunee or Great the [udgrnen t just announced. A different rule mijrh t be dis. upon the success of which. molasses. whenever and so otten as the presi-·· dent shall be sa tlsfiod that the governsumed. 3.tial to the tn teg ri ty and maintenance the system of go vernmeut ordatned by the' jected. intended they should operate as a whole. passed article of the constitution of the United an act [2 St." pronounced l)y We perceive no error in the Judgments this court to be valid in the case of Thebelow. § 11. the latter. tea. The act or March 1. 612. and it shall be his duty. next. the purpose. and duringneither the words nor the general scope such suspension. But the Britain shall RO revoke or modify her proposition maintained in the opinion. and bides in to the' whatever with each other. or by precedents in contive In all its ports because a particular legislation uurneroua enough part relating tu a distinct subject may be gressioual invalid. One relates to the imposition of duties to suspend. executive or judicial.3S3. These of the United States. he shan law. provided that ·'the president of ing. 'While. but to so ex. are wholly Independent uf each other. "complisbing the objects for which they 26 sr. as Iegisla t ion analogous togovernment. of the act justifies the belief that congress collected. eos. does not command by t ha t our assent. 12. 2 We think that this particular provision is ne renewed with the nation St. and hides. p. We think that the secor dependent upon those giving bounties tion in ques tion does delega te legislative' upon the production of sugars in this aud country that the former would Dot ha ve power to the executive department.lasses. anrl he hereby is. forbic1din~ any importation after Mr. p. raw and uncured. on and after the first day olll promoters of the act claimed." We do not think that Ieglala tion of this• .coffee. known as the the neutral commerce oftbeUnited States. to the the provisions of this act relating to theappropriation of money from the treasury free introduction of such sugar. That with a view to secure taxes and duties as to encourage domesreciprocal trace with countries productic manufactures and Iudustrtee of differing the following articles." attt. also commits to that department ru at tersbeen adopted except in connection with belonging to the trea ty-muk lng power.fn respect to their the free introduction of such sugar. a ud . molasses. cottee. tion of sugar in this country. the other. hy prolamation to that effect.508 SUPREME COURT REPORTER. and hides. reads thus: ert the power of layin~ and colIecting "Sec." is valid and contil declare the same hy proclamation. "N on-In tercou rse Acts. Tbey are en. for such time as he shall may be said to be parts of a system. [rom Brent Britain or curred Mr. edicts as that they shall cease to violate that the third section.section uf article 2 of the constttuttou. One of the instances ustrous to the fin a ncla! operations of the referred to. 528.to be properly eonsl dered as the practice of the government. have no legal connectton coi:ee." It cannot be said to be evident The legislative power must that the provisions Imposing duties on constitution. molasses. Aurora. namely.ment of any COUll try prod uclng and exporting sugars. the product exported from such deslgna ted country. both such country.
upon a basis of reciproclty. BALLIN (144 u. The legislation was purely contingen t.• sify as woolen cloths all imports of worsted cloths. 1. as the practice of the government. upon his own judgment as to what constitutes in the revenue policy of other countries a fair and reasonable reciprocity. coffee. from and after the expiration of three months from the da te of the pr oclama tton aforesaid. all of which interests are thns intrusted to the discretion of the presiden t. 45 Fed. and to impose revenue duties on the articles named. when a quorum is present. BALLIN. whenever he deems the revenue system or policy of any nation in which those artt. cease and be discontinued in relatlon to the na tion revoking or modifying bel' decrees ill the manner aforesaid. in their suspension. UNITED STATES V..) COXGRESS-RuLES OF THE HOUSE-COUNTING RUM-JOURNAL-CUSTOMS DUTIES.) declaring that "tne secretary of the treasury be." and it further deputes to him the power to continue that suspension. within three months thereafter. of which the secretary is the responsible head. p. molasses. Such proclama tlon was wbolly in the nature of an executive act. that such reference may be made. 4. 1) (February 29. which invol ved. tea. certaIn imported worsteds as . in our opinion." etc. and serve to distinguish it Irorn the legislative precedents which are relied upon to sustain it. Rep.. does not require that the secretary in person shall make the classification. • which fact "the president of the United Hta tes ahall decla re by procla rna tiou. It goes further than that. Quo. but only that it shall be done in the usual manner by the customs department. be revived. hides. Act Conz. in palpable viola tion of the cunstitutiun of the United l:itates. undergone review by tbls court 01' been sustained by its dectsion. . Rule 15 of the house of representatives of the fifty-first congress. It provided for an ascertalument by the president of an even t in the future. "for such time as he may deem just. 170. It also prescribed the consequences which were to follow upon that proclamation." the restrictions of the emba rgo act "shRIl. May 9. authorized and directed to clas. (assuming. such legislative precedents cannot avail as authority against a clear and undoubted principle of the constitution. intrust the prealdent with the ascertainment of a fact therein defined upon which the law is to go into operation. . (26 St. or to reimpose revenue duties on them. and if the other nation shall not. 507 e gneutrnl commerce of the United States. While.." Their decision was reversed ill the circuit court. or any of sucb articles. a prescribed mode of ascertainment. and have full force and effect. des are produced reciprocally unequal and unreaaon able in its operation upon the products of this country. 105.. It does not. the nation thus refusing or neglecting to mortify her edicts in the manner aforesaid. et 0. We say .1. and we therefore concur in the judgment of thiR cour-t affirming the [udgmen ts of the court below in the several cases. in our opinion. (45 Fed. And the restrictions imposed by this act "hall. These features of this section are." This certainly exe tends to the executive the exercise of those f:discretionary powers which the constitu• tion has vested in the law-maklng-department. Reversed. in the adiustment of trade rela tions with other countries. 170.. however. 1890. but not deciding. 1892. Petition by Ballin. as was provided in tne statutes of 1809 and 1810. " These enactments. None of these legislative precedents. On a reference ts> the journal of the federal house of representatives to ascertain whether a duly-authenticated law was passed in the presence of a quorum and by the necessary number of votes. and embraces our manufacturing and mining as well as agricultural products. In the federal house of representatives. we cannot agree to the proposition that this particular sec tion is valid and conati tu tlonal. and to impose revenue duties upon them for a length of time limited solely by his discretion. have. Rep." because the phrase "agricultural or OUIf'I" products of the United States" is com prehensi ve. It unquesttonably vests in the preslden t the power to regulate our commerce with all foreign nations Which produce sugar. 2. But the purpose and effect of the section now under consideratton are radically different. and deputes to the president the power to suspend another sectiun in the sa me act whenever " he may deem" the action of any foreign nation producing and exporting the articles named in that section to be .. woolen cluths. either in the continuance of the restrictions on tbe one hand.UNITED STATES e. so revoke or modify her edicts in like manner. on the other. the votes of a majority of the quorum are sufficient to pass a bill. we no not regard it as such an essential part of the tariff act as to in valtda te nil its other provisions.no exercise by the presiden t of what belonged to the law-making power. transferred no leglala tt ve power to the president. or.) and tbe United ::ita tes appeals. providing that the names of members present who do not vote may be entered on the journal and counted in determining the presence of a quorum. reversed. so far as relates to .) the court is bound to assume that the journal speaks the truth.. S. 3. and IS a valid exercise of the power of the house to determine the rules of its proceedings. as yet. The supreme will of congress would ha ve been enforced whether the event provided for had or had nut happened. Appeal from the circuit court of the United Sta tea for the southern district of New York. and cannot receive oral evidence to impeach its COrrectness. revenue policy. to review the decision of the board of general appraisers affirming the action of the collector of New York in clnssitytng.-an event defined in the act and directed to be evidenced by his proclamation. does not infringe any constitutional or fundamental right. from tho da te of such proclamation. eave the one above referred to.. Ana if there be any congressional leg-islation wbich may be construed as delegating to the president the power to suspenu any law exempting any Impoi-ta tions from duty. Joseph & Co. reclprocatly unequal and unreasonable. and he hereby is.
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