Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-12-18
POWERS OF RETALIATION
The President Can Forbid Imports From
Spain and Germany.
The Restrictions These Countries
Have Imposed on Our Trade
Commerce With Cuba.

The action of the State Department in
dicated in the cablegram from Madrid in
warning the Spanish government Of its in
tention to retaIiate should Spain continue
it's present policy with respect to American
exports to Cuba, will doubtless have the
effect to bring at once to a focus the long
drawn-out negotiations which have been
in progress with such unsatisfactory re-
suits. None of our foreign relations have
of late given as much trouble as those
with Spain. For several years this gov
ernment has been urging the claims OF
American exporters for restitution of
heavy fines and excessive tariff taxes,
amounting to about $5,OOO,OO0. Those taxes
and fines were imposed by the Cuban GUS
toms officers in direct violation of all
treaties and absolutely without any other
warrant than existing necessity for funds
The Spanish government practically ad-
mitted the justice of our claims, but failed
to make restitution. Then there was the
old Mora claim against Spain-a veteran
of many years-already admitted by the
Spanish government, but impossible of col
lection. Efforts had been made to get the
first class of claims before an arbitration
but these efforts have so far failed because
of the insistence of the Spanish govern
ment that the Mora claim, already decided
i'm our favor should be included in the
matters submitted to the tribunal. And
while these matters were languishing under
the delays peculiar to Spanish diplomacy
there followed the last action of the Span
ish government which promises to precipi-
tate a tariff war unless Spain comes to
terms This was the imposition of the
maximum tariff on American exports to
Cuba, probably in retaliation for the can
celia ton of the reciprocity agreement en-
tered into under the terms OF the Mckin-
ley act. The Spanish government has two
tariff schedules. one the minimum tarin,
tod
Is upon amcable trade relations; the other
the maximum tariff, imposed upon coun-
tries which do not yield to Spain's demands
in the matter of duties. The maximum
tariff being imposed upon American ex-
I.orts had the effect to almost altogether
cut them off, and SO exactly fulfilled its
We had supplied for years the Spanish
West Indies with -four, but the duty upon
this product was actually prohibitory. To
make the situation more unbearable, the
CANADIANS were favored with the minimum
tariff, end in an incredibly short space of
time assumed the entire flour trade with
Cuba which had so long been enjoyed by
our Cwn millers. Having reasoned in vain
with the Spanish minister at Washington,
and through Minister Taylor with the
Spanish foreign Office, Secretary Gresham.
in casting about for a remedy, hit upon the
act Of August 30, 1890. This act, while
primarily intended to provide for the in
spectiCn of meats for expectation and pre-
vent the importation of harmful articles
of feed, also included in its fifth section a
grant of power to the President probably
unequaled in extent by any legislation in
the history of Congress. Plainly stated, it
authorized an actual embargo to be de-
clared at the discretion of the President.
Here are the terms of this remarkable Sec
ton:
That whenever the President shall be
satisfied that unjust Determinations are
being made by or under the authority of
any foreign state against the importations
to or sale in such foreign state of any
product of the United States, he may d.
rect that such products Of such foreign
state so discriminating against any pro-
duct of the United States as he may deem
proper shall be excluded from importation
to the United States and in such case he
shall make proclamation of his direction
when such directions against importation
shall take effect, and after such date the
importation of the articles named in such
proclamation shall be unlawful. The Pres
ident may at any time revoke modify,
terminate or renew any such direction as,
in his opinion, the public interests may re-
Quire."
The Secretary of State has refrained
from the assertion Of the power Of retalia-
tion conferred by this law as long as there
was reasonable expectation that the Span
ish government would yield to ordinary
methods of diplomacy. But our commerce
is being menaced in a new quarter, namely,
in Germany, where the government has
begun the imposition of a system of re-
stricticDs upon American imports that can
scarcely be longer tolerated, and it is
thought that the State Department feels
1t to be necessary to begin the assertion of
the reserve power of retaliation lodged IN
tates the beginning with Spain-the first
offender.