New-York tribune., 1900-01-20
TARIFFS AND COLONIES.

The foreign Powers that have made Judgement
on Chinese territory will not keep the door open
TO trade if we close the Philippines to their
trade. Moreover. have made treaty with
Spain by which agree TO keep the door open
TO fer trade with the Philippines for ten years.
How this treaty can be reconciled with the
clause of the Constitution which says that all
duties, imposts and excises shall be uniform
throughout the United States is nut for the
Acknowledgement to crack.-CThe NewYork
Evening Post.
peanut with very thin shell that cracks
at a touch. The treaty concession to Spain in
the Philippines is a reservation or what the
lawyers call burden upon the fee" There
lie nothing extraordinary about it which need
cause the Attorney General minutes anxiety.
In the first place, the Constitutional rule of
tariff uniformity is made for the United States
Of America and not for Asia. and, if we have
read ''The Evening Post Alright, it has not be
heved that the United States was bound to ap-
ply its own domestic revenue system to the
philippines simply for holding possession of
them. 1t may be legal question how far the
Constitution made for States applies of its own
force TO home Territories But there is no reason
for thinking it applicable of necessity to Asiatic
territory with entirely distinct civilization and
dissimilar commercial interests which may be
brought under our sway
Even if the Constitution were as much
the fundamental law of the Philippines as of
our tariff there and obey all the detailed rules
of administration laid down for the union of
American States, still no difficulty would arise
about the special privilege which Spain has at
Manila but does not have at New-York That
matter was disposed of ninety-six years ago.
The Louisiana treaty gave to French and
Spanish vessels for ten years privileges
at New-Orleans which they had in no
other port Of the United States. That
grant was attacked as unconstitutional by the
enemies Of the treaty. and was upheld on the
ground that New-Orleans was a territorial port
and therefore its trade was not bound by the
Constitutional checks, and also on the ground
that the concession was one of the conditions
of acquisition Louisiana came to US subject
20 that agreement. The same question arose
when Florida was annexed, for its ports were
by the treaty thrown open for term of years
to Spanish vessels on favorable terms. So the
latest Treaty of Paris follows well established
precedents in this respect, and the only people
who are in tremendous tangle about the mat
ter are those who seem never TO have discovered
that fact
The Tribune does not oppose giving Puerto
Rico exactly such trade privileges the people
Of the United States, through their rep
resentatives in Congress- may after cOnsidera-
tion think wise 10 grant. But we believe that
whatever privileges are thought desirable should
be given by special enactments for Puerto Rico,
and not by attempting TO extend the United
States tariff as such beyond the proper limits
of the United States. Precedents should not be
made which may embarrass the Nation in the
future, possibly in dealing with other West
India islands. almost certainly in carrying out
the .'open door" policy in the Philippines. There
Is already too much confusion even among
statesmen as 70 what the United States is and
what the field over which the Constitution
operates ex proprio vigore. Now, at the thresh-
old of our extra continental activities, the