The times. [volume] (Washington [D.C.]) 1897-1901, 1900-02-19
MONDAY. FEBRUARY 10. 1900.


The President md the Constitution.
Elsewhere in this issue of The Times we
reproduce from the New York World
the report of an interview granted by
President Mckinley TO Mr.. Henry Lcomis
Nelson. formerly editor of "Harpers Week
ly." Mr.. Nelson's character and standing
in his profession and in the community
leave us no room for doubt as to the ac-
curacy of his statements. and the surpris-
ing II not startling views and opini ms
which he credits to the Chief Magistrate
are no doubt held by that gentleman just
as Mr.. Nelson asserts.
Unless the interviewer has made some
uncomfortable mistake. Mr.. Mckinley has
accepted and adopted the proposition that
Congress. the creature O: the American
Constitution. can at pleasure exclude its
creator from regions unde- the flag and
territorial sovereignty of tine United States,
but not included within the boundaries Of
the component States Of the Union; the
only qualifications of this power and su-
thor!ty being treaty stipulations and pre-
vious Congressional legislation. where
Constitution to such possessions.
We are not to be convinced that so clear
a reasoner and so good lawyer as the
Hon. William Mckinley believes anything
of the kind. II is possible that, as a mat
ter OF party expediency. he may have al
lowed himself TO fall in with the obviously
insincere views of Payne. Grosvenor. Dali
zell, and that element He may even agree
with them that the certain denunciation
and destruction of Dlngleyism. as applied
to American colonies. which will happen
whenever case involving the question can
be brought before the Supreme Court of
the United States. must be postponed as
long as possible, and in any event. until
after the Presidential elections in Novem
Der. But that his Judgment has been con-
WINGED is quite beyond belief. He has al
ways entertained a profound respect for
the dicta Of that eminent American jur.st,
Chief Justice Marshall. who declared that
the Constitution extends wherever the
Government does. Mr.. Mckinley has law
libraries az his disposal TO little purpose II
he has not found an unbroken line of de-
cisions from Marshall's time down to the
comparatively recent case Of Thompson
KS. the Territory Of Utah. the opinion Of
the Supreme Court In which was written
by Mr.. Justice Harlan.
But as Mr. Nelson remarks. the question
is one of party policy. and is so regarded
by the President. whose position is dicta-
ted by the consideration that ''if ii should
be held that the Constitution applies TO
the new possessions the tariff policy of the
Republican party would be weakened. and
the protected interests would be offended"
This is such frank confession that IL con-
cedes the case. If this were not Presi-
Dental year we have hardly any doubt
that Mr. Mckinley would announce hi.
conviction that the country has outgrown
any necessity to protect infant industries
like the Sugar, Tobacco, Oil, Steel. and
Rum Trusts. and that the prohibition
tariff doctrines of the party should be at
once abandoned If It expected to keep its
hold upon the voting masses. Indeed. we
are absolutely confident that he realizes
quite as fully as any other American citi-
zen can, that when Admiral Dewey de-
stroyed Montojo's squadron in Manila Bay
of Cervera in front of Santiago, the Chin
csc wall of Dingleyism collapsed with tine
Spanish naval power.
In one respect IL is TO be said that the
President is more consistent than his
Porto Rican advisers. Assuming th:.
Congress is independent of the Ccnstitu-
ton, he argues that there is no reason
x,l,., I Co.
Rico. apply double Dingley rates to the
Philippines. and decree non-intercourse
with Guam. II is. therefore. his hope
that the monopolist interest in Congress
will make the burden as light as possible
for our West Indian territory. inasmuch
as, on the Payne reasoning. nothing that
may be done in the way OF legislation in
any given instance can be considered as
establishing a precedent the power of
Congress being plenary and above the
Constitution. So, since Mr.. Mckinley
does not believe that mercy TO Porto Rico
could possibly injure Mr.. Rockefeller. the
Havemeyers, the tobacco combination, or
the rum distillers of Medford. and fur
Their, that the act OF mercy would not
see free trade with the island as matter
OF grace and not of right
Returning to the question Of principle.
IL is painful TO think that n successor Of
men like Washington, Jefferson. jackson.
Polk, and Lincoln can permit himself 10
be represented as holding the Constitu-
ton in so little regard that he looks upon
the legislative branch of the Government |
as superior 10 1t: and able in territories |
and possessions like the District of Co |
lumbia. Arizona. and Porto Rico. TO deny |
10 their inhabitants all the rights guaran-
teed in and by that instrument: repeated |
and plainly pertinent decisions of the |
Supreme Court to the contrary notwith- |
standing.
Mining I'm China.
~r-t.-