Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-03-22
WHATISTHE AMERICAN union?


their hats in jubilation over the
Spanish War they did not realize what
singular political problems that war
was destined to entail. The leading
nroblem to which the results of the war
have led up may be defined in a phrase
ARE the new possessions in or out Of
the Union? We use the word possessions
for want of a better term, for these
countries ale not, and never will bo,
colonies, and at pI esent the United
States do actually possess them, though
CongI ess is being forcibly reminded of
the self-denyin! ordinance it passed
concerning Cuba. 1be question of the
constitutional status of these countries
has first arisen in the case of Porto
Rico, for which tariff had to be con-
struoted. Now, if Porto Rico is legally
within the Union, no special tariff is
necessary; the general tariff of the
United States covers the case. But if
Porto Rico is outside the Union, then
special tariff must be constructed;
and as there is no authority there 10
construct it, Congress must do So
Hence the legal status Of Porto Rico,
involving, Of course. the cases of the
other new possessions, becomes OF
great interest.
before we touch the constitutional
question, let US point out the signifi-
canoe Of the economic problem. 1t
hanpens that the chief products Of the
new possessions clash harshly with
powerful economic Interests inside the
Union. These products are tobacco
and sugar, and 1T so happens that these
articles are precisely those most formid-
ably organized IN the United States, in
the form of the Tobacco and Sugar
Trusts. On the Protectiorist theory
to admit competing sugar and tobacco
is to destroy the native industries inside
the Union, and so it is not surprising
that powerful agitation making itself
felt in Washington has arisen against
the flee importation of cheap tobacco
and sugar from the new possessions.
1t is said that the sugar plantations of
Louisiana and the cigar industries of
several States are endangered, and from
the Protectionist point of view the
argument is unanswerable. The singular
paradox then presents itself that All
administration presided over by high
rrotectionisT, rep 'esentipg a party
fanatioally devoted to the Protec-
Zionist cause, should be RESPONSE
be for opening the flood gates of
| rio'ected Amer lean commerce to what
is, in effect, foreign invasion. Never
was situation more curious. though,
one would have thought, it should have
been foreseen by those who created it.
President Mckinley, placed in this
singular position, seemed to lean to The
Free Trade side; but inside the Re.
| publican. PARTY formidable opposition
arose, which threatened to split the
party asunder-a fatal thing just before
a Presidential election. The question
of the status of Porto Rico and the
character of the treatment to be ac-
corded to that island was referred TO
the ways and means committee of the
House Of Representatives, in which, it
must be remembered, the Republicans
have barely dozen majority, and in
which, therefore, half dozen votes
one way or the other might seal the
fate of the party. The committee has
done two things. 1t has pronounced
that Porto Rico is outside the Union,
and it has recommended compromise
on the tariff question on the basis of
% per cent of the existing tariff rates.
1t holds that when the Constitution
provided, as 1t does, for uniformity IN
duties, imports, and excuses, it confines
that provision TO States that make up
the Federal Union, and does not cover
any other territory that may be &C.
| quired. Congress, thei efore, may
impose different tariff on Porto Rico
or Cuba, but as Free Trade is not to
be thought of, and az a high tariff
would mark out Porto Rico as practi-
oally foreign, territory, the easy but
rather is noble compromise of % pei
| Of ha vtuttn lon hoe
adopted by the committee of ways and
| means.
Let IT. be pointed out, in passing,
how this attitude utterly vitiates the
position which Mr.. Hay has taken up
respecting China. MIR. Hay asks the
European Powers for guarantees against
any tariff policy in China which would
recrimiuate against the United States.
We discussed the question some time
ago, and showed that no real guarantee
had been given at all, and that Mr..
Hays diplomatic victory was paper
one. But how reconcile the policy
which demands an "open door" in
China with that which institutes an
avowed difference OF treatment in the
Philippines which, if they are retained
by the United States, will be retained
as the jumping OFF, place for China
las is ayowed by Mr.. DENLY, Presi-
dent McKinley's commissioner? The
answer, of course, is that no reconcilia.
ticn is possible.
Now, as to the constitutional ques-
ton, and what it involves. The COM
mittee of ways and means holds that
POI to Rico is outside the Union, and
the inevitable inference is that, under
the Constitution, the United States
can hold, for all purposes, external
territory, that is, territory not subject
to the Constitution. The words of the
Constitution are so explicit concerning
tariff legislation, that il constitutional
provisions do not obviously apply there,
they do not apply anywhere. This
doctrine, it may be said, is entirely at
variance with every judgment hitherto
given by the Supreme Court, and might
ven justify the legal position taken up
by the Secessionists in the Civil War.
How far does the Constitution extend
To the actual States of the Unionf
But every one CT these, except the
original thirteen, wero carved out Of
the territories? To States which
were originally acquired by peaceful
colonization or by purchsseY But ex-
Secetary Day, of the Paris Peace Com
mission, says that the sole title to the
philippines is purchase from Spain.
To conquered territory; but Cuba and
Porto Rico are conquered. The Con-
stitution presumably never even sup
posed that territories would not become
states, otherwise it would surely have
prescribed, on the theory of the ways
and means committee. separate economic