Private Smith-"Not only is that true, but the administration at Washington knows that England, now so friendly, would join with Germany and Japan in excluding us from their colonies, should we extend our protective system to the Philippines. It is also a fact that we entered into a solemn treaty with Spain, guaranteeing, in article.. IV, that Spanish ships and merchandise should be admitted to Philippine ports under the same conditions as the ships and merchandise of the United States for a period of ten years."

Colonel Handy-"That appears to open up a new question in our domestic policy. Not only have we abandoned the Declaration of Independence and shot to pieces the Monroe doctrine, but we must go on a basis of absolutely free trade, or shoot the constitution full of holes also."

Chairman-“I recognize the constitutional difficulty. The Constitution provides that trade between all states and territories shall be free. The supreme court has held that all ceded territory becomes a part of the whole territory of the United States and must be

regarded as subject to the same general laws. If the 'open door' policy is maintained in the Philippines we must go upon a basis of absolutely free trade. Our government cannot make a tariff for one part of her territory against the trade of other parts, and if all other countries may sell goods in the Philippines upon an equal footing with the manufacturer and the exporter of New York and San Francisco, then the protective tariff must be abandoned. In fact all tariffs on imports must be abandoned; for if a tariff for revenue only was laid, it would be a vio lation of our 'open door' pledge. That point is settled by Chief Justice Marshall's opinion in Loughborough vs. Blake, and all other decisions by the supreme court touching the matter has been in accord with Marshall."*

Captain Bevans-"That should suit our democratic brethren. It is an easy way to secure that for which they have professed to be fighting for lo! these many years.

Private Smith-"You are wrong there, captain. The democrats have favored a

* Loughborough vs. Blake, 18 U. S. Rep., 317; Cross vs. Harrison, 57 U. S. Rep., 164, 198.

tariff for revenue only, but have never favored free trade. And right here arises a most serious question: If the Philippines are annexed and absolute free trade is established how are we to raise our national revenues? The supreme court has declared an income tax unconstitutional."

Chairman" Hold on, gentlemen, we are getting away from the subject, partly through the fault of the chair, I admit. But we must get back to the question of whether our trade in the Philippines will be increased by annexation. Captain Bevans has the floor."

Captain Bevans-"Our 'open door' obligation is a nuisance just now. It probably prevents us from forcing trade with the Philippines. But the Constitution will not be allowed to interfere with the administration's Philippine policy. To be sure, it says that trade between states and territories shall be free, and the supreme court decided that California, when ceded by Mexico, became a part of our whole territory and was subject, therefore, to the United States tariff laws and entitled to free trade with all other United States territory.

"But the constitution is not a fetich to be worn round our necks. When it interferes with any public policy it should be ignored."

Private Smith--"We are again drifting from the subject, but I must enter my solemn protest against the statement that the Constitution may be disregarded at pleasure. There is a way prescribed for amending the constitution, and when any official, whether he be president or supreme court justice or member of congress, knowingly attempts to set aside the plain meaning of the Constitution, except through proper legal means, he is guilty of perjury, in that he violates his oath to support the Constitution, and guilty of treason, in that his action is an attack upon the organic law of the nation."

Captain Bevans-"Do you mean to say the administration has been guilty of perjury and treason?"

Private Smith—"I simply stated a moral fact. If the shoe fits, the administration must wear it. You need not be told that if an administration can set aside one provision of the Constitution, any or all of its pro