Evening star., 1898-12-03
Senator Thurston Talks on the
Constitutional Questions.
THE PROVISIONS ARE AMPLE
Congress Can Determine as to the
Proper Tariff.


sionist and one Of the foremost authorities
on constitutional law in the United States
talked to a Star reporter today on the
constitutional questions which have been
raised by the opponents of territorial acqui-
sition relating to the subject of tariff duties
on exports to and imports from the new
possessions.
1t Is held in some quarters that the expau-
sonists intend ultimately that imports
from the new territories, excluding Hawaii,
shall be subject to tariff duties, but that
exports to these islands from the United
States shall enter free.
In the case of Hawaii, it is claimed the
proposition is to have free and unrestricted
trade on both sides. 1t is pointed out that
this system of tariff duties would be unjust
to the residents of the Philippines and Por-
to Rico, unwarrantedly partial to the Ha-
waiians, and that such discrimination
would be unconstitutional.
What the Constitution Provides.
In speaking of this contention, Mr. Thurs
ton said:
This constitutional question which has
been raised is very interesting, and one
upon which l can readily understand there
VII be great differences among the lawyers
of the United States.
But 1t is really continuation of the uues-
ton as to whether or not our Constitution
provides for anything more than a Union
OF states as they existed at the time of the
ADOPTION OF the Constitution, together with
that territory that then held by the
states in theil confederated character and
the united colonies which had achieved in
dependence. 1t will be recalled that it was
seriously declared by some of our greatest
and best lawyers and statesmen that ter
rltory and Its responsibilities could not be
acquired by the general government with
thfa Iicff,
to be evidenced by an amendment to the
Constitution.
But our Constitution proved broad
enough as construed by The courts to per-
nit The acquisition of vast area of terri
tory through the Louisiana purchase, The
annexation of Texas and the extension by
discovery or occupation beyond the rocky
mountains.
Those who point out the alleged in1on-
slstencies of the tariff taxation proposition
are simply carrying the same argument Of
opposition to annexation another step by
insisting that the same constitutional
rights now possessed by the citizens of the
United States Will extend TO me peoples
OF any and all new possessions that we
may acquire by conquest or otherwise.
DO not think the constitutional provisions |
which, broadly stated, secure free and un-
restricted trade between the several states |
OF the Union, would apply in favor of the |
people of our new possessions, giving them |
&C Constitutional free trade with u.s. or in |
favor of the people of the United States |
giving them the right of free entry of their |
products and manufactures into the new
possessions. Once cOncede our constitu-
uonal right to acquire new territories and |
there must follow the broad power under
the constitution to deal with these new ter
ritories as Congress may deem wisest and |
best
IF it Is part of our constitutional power |
to annex, occupy or hold new territories |
then Congress is given in explicit terms |
the general power to carry its conceded |
constitutional powers into operation and |
effect.
Effect OF Free Trade.
There has been a great deal of discus !
sion regarding the probable effect under |
free trade with the islands that the impor- |
tations of certain products from the new |
possessions will have on the same articles
raised in the United States. The beet sugar
Industry, for instance, is pointed out as |
one which will suffer from the importations |
oil that product from the islands.
Il agree with those who hold that this |
Industry will be materially handicapped in |
the United States by importa tions from the |
new territory under free trade If we are |
to admit sugar free of duty from Hawaii |
Porto Rico and ultimately Cuba it will de. |
stroy the beet sugar industry of the United |
States. But our new possessions are not |
being taken by treaty, but by conquest and |
VIC are not entering into any treaty stipuld-
tens for the free entry of their products |
INTO our ports, and 1 believe that We can
pursue toward lnem Whatever policy Con-
greSS sees fit to prescribe.
Legislation by Congress on this subject |
Will necessarily be flexible and subject to |
change by congressional action from time
to time as may be deemed best. There is |
every reason to believe that the Philippines |
can be made self-sustaining and this will /
be true of Cuba also if the time shall come
for its annexation.
Increase of Army and Navy.
THE acquisition Of the new territory will
necessarily entail a large increase in the |
regular army of the United States and Con-
gress ought to authorize it. l am in favor
of 1t and think that the regular army
should be made much stronger than il now
Is. AS 1t stands it is too small for such a |
country as the United States. The whole
army is not large enough to patrol one of
our sea coasts.
Il am also in favor of increasing the
strength Of the navy-a thing which will
also be necessary when our new territory
Is formally acquired. l think it is reason
ably well settled to the entire satisfaction
of the American people that our abiding
peace may largely depend upon the main
tenance of a large navy. We should at
least have one which shall be held in some |
respect by the great powers.
"As far as the army Is concerned. my
idea is that whatever force it may be nee
essary to maintain in the Philippines can
be largely recruited from the native popula-
tion of the islands. The same is true of
Porto Rico.
Good Sense of the American People |
Beyond all these questions, however
there is this: Having taken possession of |
the Philippines, not by choice, but as one
of the steps that led to a speedy and de-
cisive victory over Spain, We in ma
tional justice turn the islands back to |
Spain? Or shall we keep them?
we must either do the one thing or the |
destiny to the good sense of the American
peAole. If they become burden rather
than a blessing, the same patriotic spirit |
which now demands their surrender by |
Spain would then set them up in independ-
ence or otherwise dispose of them without |
sacrificing the liberties of other peoples and
without doing discredit to the American
name"