The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1899-02-03
FRIDAY, FEB. 3, 1899.
a VITAL POINT.

w. B. Howell, Assistant Secretary
of the United States Treasury, has
written an article for Harper's
Weekly on "The Tariff in our new
Possession," in which he says: "
1t should be borne in mind
that the provisional tariffs which
are now in force are purely military
measures, and exist only by virtue
of the laws of war. Our acquisition
Of any of these territories will bring
them within the principles Of our
Constitution and laws. Every ma
tion acquiring territory by treaty or
otherwise says the Supreme Court,
must hold it subject to the consti
tuition and laws of it's own govern
ment, and not according to the laws
of the government ceding it, 1t is
stated, however, as a general princi-
pie, by writer's on international law,
that when political jurisdiction and
legislative power over territory are
transferred from one sovereign to
another, the municipal laws of the
territory continue in force until
abrogated by the new sovereign.
We have recently seen this princi-
pie carried out in the resolution an
nexing the Hawaiian Islands, where
in Congress expressly declared that
the municipal laws of the islands,
and their customs relation with this
country, shall remain in force until
Congress shall otherwise determine.
1t is true that after the
treaty of peace with Mexico, by
which Upper California was ceded
to the Union, the military governor
then continued for nearly year to
collect import and tonnage dues
without legislation by Congress on
the subject, but he did so at the
rates authorized by act of Congress
for other ports of the United States,
thus bringing them within the re-
quirement of the Constitution, that
'all duties, imposts, and excises shall
be uniform throughout the United
States' The relation which these
islands will hold toward the United
States is a question which is engag-
ing the attention OF the officials OF
the administration, our legislators
and thoughtful business men. The
question arises whether we shall
have separate tariff for such terri
tory as we may acquire, or shall we
enforce there the United States
tariff. If we have special tariff.
we will have a free trade between
such dependencies and the United
States. or, if not free trade, will we
have discriminating rates on articles
exported from and imported into
the United States? Will that pro-
vision of the Constitution, that AL
duties, imposts, and excises shall be
uniform throughout the United
States be interpreted as applying to
Confederation of States only, or viii
it be claimed that it applies to these
islands as we'll, and that any othel
tariff than the one in force in thi
country would be unconstitutional
If the latter view is taken, will it b'
said that the resolution of Congress
anneIing the Hawaiian Islands il
unconstitutional because of the pro
vision that the customs laws in fore
there shall be continued until fuI
ther action by Congress"
The suit brought by Peacock
Co. for overpaid duties at our Cul
tom House would seem to be we
based. Any of our importers pay
ing duties on goods in excess of tn
United States tariff should note
protest against the excessive dut
and bide their time. A protest cost
nothing and may prove valuable