The New York herald., 1868-04-09


up fat jobs for hungry spectators, and the
Bohemian press, which, of course, expects
share Of the spoils as Quid pro quo for the
advocacy of the schemes.
Unconstitutional Legislation OF Congress-
Mr.: BartIett's Argument on tho Income
Tax. .s5..s ~- sAy;ss.
wePublish to-day, in another part of the
paper, an able article from one of the ablest
lawyers in the country, showing the unconsti-
tutionality of the income tax. The writer
first quotes the constitution, which provides
that representation and direct taxes shall be
apportioned among the several States accord
ing to their respective numbers" He shows
that this article was very carefully considered
by the trainers of the constitution, and then
goes on to prove, by the highest legal authori-
ties, that the income tax is direct tax In the
meaning of the constitution. Having estab-
lished this point, he asks -" Is the income
tax so apportioned?" Here he has no diff
Guilty of proof; for we all know that one Con-
gressiOnal district of New York pays larger
amount of this tax than some of the largest
States or than the whole South A Ahundred thou
sand people in New York city pay more than
millions elsewhere; and, as the writer of the
article referred to says, the State of New York
pays eleven millions of dollars year more
than it ought to pay according to the constitu-
tional rule of apportioning direct taxation to
population. The income tax is most unjust,
unequal, inquisitorial, corrupting to the COM
munity, antagonistic to our republican system
of government, and clearly unconstitutional.
The people generally, and of this State par
ticularly, upon whom the tax weighs most
heavily, should demand its repeal. We recon-
mend our readers to look at the subject as
presented in the able article we publish to-day.
But, in fact, great deal of the legislation Of
Congress and of the proceedings of government
are outside of the constitution. The Recon-
struction acts and all the proceedings under
them, the Freedmens Bureau, the tax on home
grown cotton, the legislation Of Congress with
one-third of the States unrepresented, the
establishment of military governments in time OF
peace, passing laws to anticipate and set aside
the constitutional action of the Supreme Court,
the suspension and denial of the writ of habeas
corpus to citizens, the usurpation of the powers
of the Executive by Congress, and the afro
cious impeachment for the purpose of remov-
ing the President for the most frivolous and
unreasonable causes, are all clearly contrary to
the letter or principles of the constitution. The
war even, though necessary to save the Union,
was questionable in strict constitutional point
of view, as was also the abolishment of slavery.
The extreme resort to arbitrary power in
these cases, however, does not justify the
exercise of it in the other cases named. We
might 60 further back to show that the
country has been outgrowing the constitu-
ton, as strictly interpreted, for nearly half
century, beginning with the Missouri Compro
mise act and along up to the time of the great
rebellion. But the late war has overturned
everything and left us without chart adapted
to the change. The radical party, which has
gained the ascendancy and is absolute, declared
long ago that the constitution was "a league
with hell" The leader of that party in Con-
gress, Thad Stevens boldly declares now that
the national legislature is acting outside of the
constitution. He and some few others have
the frankness to avow this, and nearly all the
radicals are conscious of it, though some pre-
tend to quote and refer to the constitution.
It is evident the old constitution can no
longer be adapted to the country. The viola
ton of 1t, which leaves the republic without
chart to steer by, must have the effect of
destroying respect for that instrument and of
be violated in certain cases it can be in
others. If Congress can act outside of 1t
and usurp powers not granted by it, may
not President or general OF the
armies, when he has the power and oppor-
tunity, do the same? There is no protection
for the liberties and rights Of the people, and
no guarantee against Cgsarism in our republic
under such state of things. If Congress
sional faction or oligarchy can govern uncon-
stitutionally, why not a military dictator ? The
truth is we are In an abnormal and anarchical
condition. The war, our vast extent Of terri
tory, and our population of forty millions,
with all the changes that have taken place,
have made the old constitution, which suited
the early age and condition of the republic
admirably, no longer applicable. The only
way, therefore, to secure our liberties, to
relieve us from the present confusion, and to
save us from military dictatorship or the rule
of an oligarchy, is to call national constitu-
tonal convention Of all the States to form
a new constitution adapted to our changed
condition, preserving at the same time what
ever is suitable in the old, so that we may
have a safe and reliable chart for our future