I know it is said, plausibly enough, in some quarters, that Congress cannot foreclose the question,—has nothing to do with it, in fact,—but that it is a matter to be settled only by the Supreme Law of the land, of which Congress is merely the servant. The point need not be disputed. But it is an unquestioned part of the Supreme Law of the land, as authoritative within its sphere and as binding as any clause in the Constitution itself, which declares, in the duly ratified Treaty of Paris, that the whole question of the civil rights and political status of the inhabitants in this newly acquired property of ours shall be reserved for the decision of Congress! Let those who invoke the Supreme Law of the land learn and bow to it.

As to the mere duty of prompt and ample relief for the distress in Porto Rico, there is happily not a shade of difference of opinion among the seventy-five millions of our inhabitants. Nor was the free-trade remedy, so vehemently recommended, important enough in itself to provoke serious objection or delay. Cynical observers might find, indeed, a gentle amusement in noting how in the name of humanity the blessings of free trade were invoked by means of the demand for an immediate application of the highest protective tariff known to the history of economics! The very men who denounce this tariff as a Chinese wall are the men who demand its application. They say, "Give Porto Rico free trade," but what their proposal means is, "Deprive Porto Rico of free trade, and put her within the barbarous Chinese wall." Their words sound like offering her the liberty of trade with all the world, but mean forbidding her to trade with anybody except the United States.

Importance of the Question.

The importance of the question from an economic point of view has been ludicrously exaggerated on both sides. The original proposal would have in itself done far less harm than its opponents imagined and far less good than its supporters hoped. Yet to the extent of its influence it would have been a step backward. It would have been the rejection of the modern and scientific colonial method, and the adoption instead of the method which has resulted in the most backward, the least productive, and the least prosperous colonies in the world—the method, in a word, of Spain herself. For the Spanish tariff, in fact, made with some little reference to colonial interests, we should merely have substituted our own tariff, made with sole reference to our own interests. A more distinct piece of blacksmith work in economic legislation for a helpless, lonely little island in the mid-Atlantic could not well be imagined. What had poor Porto Rico done, that she should be fenced in from all the Old World by an elaborate and highly complicated system of duties upon imports, calculated to protect the myriad varying manufactures and maintain the high wages of this vast new continent, and as little adapted to Porto Rico's simple needs as is a Jorgensen repeater for the uses of a kitchen clock? Why at the same stroke must she be crushed, as she would have been if the Constitution were extended to her, by a system of internal taxation, which we ourselves prefer to regard as highly exceptional, on tobacco, on tobacco-dealers, on bank-checks, on telegraph and telephone messages, on bills of lading, bills of exchange, leases, mortgages, life-insurance, passenger tickets, medicines, legacies, inheritances, mixed flour, and so on and so on, ad infinitum, ad nauseam? Did she deserve so badly of us that, even in a hurry, we should do this thing to her in the name of humanity?

All the English-speaking world, outside some members of the United States Congress perhaps, long since found a more excellent way. It is simplicity itself. It legislates for a community like Porto Rico with reference to the situation and wants of that community—not with reference to somebody else. It applies to Porto Rico a system devised for Porto Rico—not one devised for a distant and vastly larger country, with totally different situation and wants. It makes no effort to exploit Porto Rico for the benefit of another country. It does make a studied and scientific effort from the Porto Rico point of view (not from that of temporary Spanish holders of the present stocks of Porto Rican products) to see what system will impose the lightest burdens and bring the greatest benefits on Porto Rico herself. The result of that conscientious inquiry may be the discovery that the very best thing to provide for the wants and promote the prosperity of that little community out in the Atlantic Ocean is to bestow upon them the unmixed boon of the high protective Dingley tariff devised for the United States of America. If so, give them the Dingley tariff, and give it straight. If, on the other hand, it should be found that a lower and simpler revenue system, better adapted to a community which has practically no manufactures to protect, with freedom to trade on equal terms with all the world, would impose upon them lighter burdens and bring them greater benefits, then give them that. If it should be further found that, following this, such a system of reciprocal rebates as both Cuba and the United States thought mutually advantageous in the late years of Spanish rule, would be useful to Porto Rico, then give them that. But, in any case, the starting-point should be the needs of Porto Rico herself, intelligently studied and conscientiously met—not the blacksmith's offhand attempt to fit on her head, like a rusty iron pot, an old system made for other needs, other industries, a distant land, and another people.

And beyond and above all, give her the best system for her situation and wants, whether it be our Dingley tariff or some other, because it is the best for her and is therefore our duty—not because it is ours, and therefore, under the Constitution of the United States, her right and her fate. The admission of that ill-omened and unfounded claim would be, at the bar of politics, a colossal blunder; at the bar of patriotism, a colossal crime.

Political Aspect of the Constitutional Claim.

The politics of it need not greatly concern this audience or long detain you.

But the facts are interesting. If Porto Rico, instead of belonging to us, is a part of us, so are the Philippines. Our title to each is exactly the same. So are Guam and the Sandwich Islands, if not also Samoa; and so will be Cuba if she comes, or any other West India Island.

First, then, you are proposing to open the ports of the United States directly to the tropical products of the two greatest archipelagos of the world, and indirectly, through the Open Door we have pledged in the Philippines, to all the products of all the world! You guarantee directly to the cheap labor of these tropical regions, and indirectly, but none the less bindingly, to the cheap labor of the world, free admission of their products to this continent, in unrestricted competition with our own higher-paid labor. And as your whole tariff system is thus plucked up by the roots, you must resort to direct taxation for the expenses of the General Government.