New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-24
OTHER CASES, OTHER rifles

characteristic example Of the heedlessness
and lack of discrimination with which some
rush TO the utterance of cocksure judgments
upon affairs of state Is presented in a much
quoted declaration of THE Duluth Herald" that
Puerto Rico came to us in exactly the same
manner that New Mexico and Arizona did, and
therefore 1t Is entitled just as much as they to
come within the tariff system of the United
States. Precisely the same contention has been
made times beyond numbering by writer's and
speakers who seem to wish to make the miscel-
aneous islands Of the sea parts Of this CONT
mental Union of sovereign States. And they
point for vindcaticn of their views to the opin-
Ion of Justice Wayne in the California tariff
case of 1S49, in which that jurist declared that
by the ratification of the treaty (of Guadalupe
"Hldalgo) California became a part of the
United States. And as there is nothing differ
emily stipulated In the treaty with respect to
commerce, it instantly became bound and priv
''ileged by the laws which Congress had passed
TO raise a revenue from duties" There they
triumphantly declare, is proof on the highest
Judicial authority that Puerto Rico and the
philippines are row parts of the United States
and the United States tariff laws are thus auto
matically extended to them
To those who are deluded by such sophistical
reasoning we would cordially recommend care
hui ioauins anu mental digestion of an article
which we have observed in The Open Court"
of Chicago, by Roscoe C. E. Brown on the suh
Ject of the Constitution and the open door. in
which this point as well many others is con-
sldered with convincing lucidity and authority
The rule Of uniformity In taxation Of con+inon
tai territory is, Mr.. Brown comedies manifest,v
advisable, and the application of II by the Ev
ecutive previous to legislation in California was
naturally upheld by the Supreme Court Rut n
is violent assumption TO assert that rule laid
down in one particular case should be literally
and slaVishly applied 10 overturn a deliberate
poIcy or the Government formed to meet ut-
terly dihefeht conditions. Indeed, this Califor-
MA tarlH decision lntmated much In the
iac' Vi noting that, under the terms of the
treaty oaiiiorma became a part Of the United
states ana tha1 moreover, The treaty made no
special stfpulations concerning commerce The
Treaty of Guadalupe-H idalgo specifically de-
clared that the coded territory should become
part of the United States and its Inhabitants
should become citizens of the United States II
was upon this specific provision of the treaty
that Justice Wayne's decision was based and
ne MADE II clear that 1t was only through this
provision that California became a part of the
United States and the United States tariff Isws
became automatically binding upon 1t. He made
any new territory acquired by the United States
primal and fundamental regard Is to be had r.
the terms of acquisition. Thus, Louisiana. Flor
ida and California were acquired under treaties
which bound the United States at proper
time, to receive them into It's Union and place
them under its Constitution
But how is II with Puerto Rico and the Phil
lppines! On what terms were they acquired?
DID the United States agree by treaty to take
them INTO the Union! Not bit Of IT, To quote
MI. Browns article. they "hold an entirely
distinct relation TO the General Government
They are not by treaty taken actually or pros
"pectively into the Union. The United States
has simply assumed possession Of the Philip
"pines"-and likewise of Puerto Rico The
treaty under which the United States acquired
those islands says: Spain cedes to the United
States the Island of Puerto Rico Spain
"cedes to the United States the srchlpelago