The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-06-20


to constitutionality has apparently
profted by the history of the Lochner
litigation, and refuses to be deceived
by such dragnet excuses as the police
power and the public good.
The Morocco Affair Less Threatening.
According to the latest kilograms from
Paris the conferences between Premier
RoUvIER and the German Ambassador,
Prince Won RADoLIN, have had the effect
of relieving to a considerable extent the
strain to which the relations of France
and Germany seemed to be subjected by
the question of Morocco. 1t is likely to
prove difficult, however, to reach an
agreement which shall not involve a
partial announcement of the French pre-
tensions to the ultimate assertion of
protectorate over the Shereefian do
minions.
There is nothing obscure about the
question of Morocco. A comparison Of
the treaty recently concluded between
France and England, to which, it will be
remembered, Spain and Italy acceded
with the Madrid Convention Of 1880, will
disclose at once the inconsistency OF
which Emperor WILLIAM complained.
The Madrid Convention guaranteed to
all the signatories-which included Ger
many and the United States, as we'll as
the parties to the treaty lately negotiated
by NJ. DELCAssE and Lord LANsDowNE
absolutely equal privileges in the
Shereetian dominons, the Sultan on his
part covenantng to give each OF the
Christian Powers represented at the
Spanish capital the treatment of the
most favored nation II is under
stood that the Anglo French treaty con-
tanned stipulation that the most fav-
ored nation" clause of the Madrid Con-
vention should continue to be operative
for thirty years; but as to France was
delegated the exclusive power Of main
tanning order and supervising the intro
duction of reforms, it was obvious that
three decades hence that Power might
occupy in Morocco position analogous
to that acquired by France in Tunis, or
at least to that held by Great Britain in
Egypt.
There is a marked difference, indeed,
between the position of Great Britain in
Egypt and the position of France in
Tunis. None Of the privileges conceded
to other European Powers by treaties
concluded with the Khedive and with his
Ottoman suzeran has been contested by
England, which, although really the
Khedive's protector has carefully
avoided any act which would seem to
contemplate the permanent ncorpora-
ton of Egypt in the British Empire. A
French or German merchant in the Nile
delta enjoys to-day precisely the same
rights and immunties which he pos
sessed before the bombardment Of Alex
andra and the Battle of Tel-el-kebir.
1t is quite conceivable, therefore, that
France should acquire in Morocco as
much substantial ascendency as Great
Britain has gained in Egypt, without in
fringing any of the guarantees contained
in the Madrid Convention When, how
ever, the Anglo-French treaty stipulated
that the most favored nation clause
should remain operative for thirty years.
the inference was scarcely avoidable that
it would cease to be recognized by France
as binding after the lapse Of that period
What, then, the German Emperor says in
effect is that France and England had no
right without his concurrence, to set
time limit on privilege assured to him
at the Madrid Conference of 1890 1t is
IL hat pI
ton could be disputed. The commercial
interests of Germany in Morocco may be
small, but the national dignity seems to
have required Emperor WILLIAM to pro-
test against the assumption that with
out his consent, his country's treaty
rights could be threatened with prospec-
tive if not actual impairment, When,
moreover, we keep in view the extent
to which the superiority Of Germany's
military strength to that of France has
been augmented by the temporary cf-
Placement of Russia from the list of first
rate Powers, we can hardly avoid the
conclusion that NJ. DELCAssE Numbered
when, relying on an understanding with
Great Britain, he presumed to supersede
the Madrid Convention by new treaty
the obvious aim of which was to give
France such asccndency in Northwest
Africa as she possesses in Tunisia.
| The probable outcome of the parleys
between the French Premier and the
! German Ambassador will be that France
will consent to take part in the confer
ence proposed by the Sultan MuLAI
ABDUL AzIz, and that England will re-
call her own refusal to participate. All
the Powers represented at Madrid in
1880, with the possible exception Of the
United States, are likely to send dele
gates, Austria has already accepted
the invitation, and Italy has minated
that she will follow the course adopted
by France. Meanwhile the Paris and
Berlin Governments will probably arrive
at an understanding as to the formula
by which the Anglo French treaty may
be reconciled with the Madrid Conven-
ton, a formula which, while permitting
France to exercise tutelary functions in
Morocco will assure to Germany and