No. 245.
Mr. Blaine
to Mr. Morton.
Washington, August 18, 1881.
Sir: At the time of my entrance upon the duties of this Department [Page 422] in March last, the question whether this government deemed it an opportune moment for a negotiation with a view to modifying the present treaty stipulations regulating commerce between the United States and France, as presented in Mr. Noyes’ dispatch, No. 410, was under consideration by my predecessor and it at once engaged my earnest attention.
In the existing system of tariffs imposed upon importations by the United States and France, there are many features which might be modified with mutual advantage. A revision of the tariff of each with reciprocal adjustments of the duties imposed might do much to relieve trade from burdens which are not necessary, facilitate intercourse, and promote friendly feeling between the two nations.
The policy of this government has, however, been averse to complicating its revenue system by treaty engagements with various powers, establishing separate conventional tariffs applicable only to importations from particular countries.
The legislative power has preferred a uniform tariff, applicable alike to importations of similar articles from all nations. As Congress meets every year, the provisions in detail of our tariff laws can at any time be changed as circumstances prove that alteration is needed; whereas, a conventional or treaty tariff, establishing special rates of duty with a particular country and requiring great nicety of adjustment in reconciling different interests and avoiding unfairness in dealing with all the branches of trade, would not be within the immediate control of Congress nor flexible to the influence of public opinion, representing public interest. Imbedded in solemn treaty stipulations which are usually made with a view to long continuance, no change could be effected except by the slow process of diplomatic negotiation.
The advantages that might be secured by changes in the present commercial restrictions, which would place trade between the United States and France upon easier and more satisfactory conditions, are so obvious in certain points of view, that I thought it would be well to enter upon the discussion of the subject with a view to separating those commercial interests which are continuing and which, being of a permanent nature, are susceptible of comparatively permanent regulation, from those more liable to change, and endeavor to come to an accord in regard to the duties to be imposed by each country in a treaty which would go into effect when a law to carry it into operation should have been passed by Congress, to which body the Constitution of the United States confides “the power to lay and collect duties” and “to regulate commerce with foreign nations.”
At that moment, however, arrived the intelligence, that the French Government had by decree prohibited the bringing of American pork into France, on the ground that it was affected by trichina to such an extent as to be dangerous to the public health. Information was at once collected by this government, which it is believed proved in the most conclusive manner that the statements circulated in Europe concerning the prevalence of trichinæ in American pork were without foundation, and this information was early brought to the notice of the French Government. Still that decree during many months has been maintained in force. It has tended to rapidly contract commerce with the United States, has deranged business, and has led to an impression throughout this country that is not conducive to the formation, and the successful operation by the aid of Congress, of a treaty to liberate and stimulate the trade of the two countries.
I have waited some time to see whether any indication might be [Page 423] found of a different disposition and that would encourage a hope for substantial results from a discussion of this subject. But so much time has passed that I deem it due to the French Government that it should not longer be kept waiting for an answer to the question propounded through you. I have to request you, therefore, to state to Mr. Barthélemy St. Hilaire that the delay in responding to a question which I found pending was, first, that I might give it that careful consideration demanded by its great importance and the high regard entertained for the government propounding the question, and second, the causes I have set forth above, and that you inform him that while this government is earnestly desirous of doing everything in its power to promote commerce and friendly intercourse between the two nations, it is con strained to say that it deems the present moment inopportune for the negotiation for a treaty of commerce modifying the present tariffs of the United States and France with a view to substantial changes and permanent results which can only be secured by the cooperation of Congress.
I am, sir, &c.,