New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-06-21
TIE INCOME TAX.
THE LATE DEBATE REVIEWED.

repeated assurances by legislative act, Doth OF tina
House and Of the Senate, that the Income Tax would
last until 1870 and no longer" previously urged a.
bar TO its reGnactment by the Press was earnestly
urged in the House reason for not renewing 1t.
Be il ever so desirable" it declared. believe
IL cannot be renewed without stain upon the honor
OF Coauesso In confirmation, tno rejection of a
proposal TO renew it by the British Parliament he
cause of an identical pledge adGuced How
was this objection met One Congress cannot
control the action of another We are independent
of all past Congresses on this subject Again il VA.
said. 1.-THE doctrine If estoppc IL not one much
favored in the Courts. II il be- q strong PLEDGE 20
say the tax shall continue two years ard no
longer it is n stronger pledge not b. put he tax on
at all The truth is, this patter ~ within the
power of the legislative department % Put on q tax
where there has been none before, or 20 alter
the taxes rs may seem t. il b 80. 1t 4 perfectly dls
to bring us down II almost said TO the most petit
Jogging idea which could prevail IN % Court tias
We are estopped from lesialatug fos the benefit 81
the country by either putting 5f OF putting ou "a
orr systom of taxation. As 20 the example u Great
Britain il was asked "WhO a.e iha legislators n
Great Britain Gentlemen OF estates aad "a IN
come, and the wonder is they should pay any income
tax at all for il is a tax themselves IL
wered: " One Congress has no leg1l power 10 limit
the legislation of a succeeding Congress. But The
question is not question of naaed power. Congress
has indeed the power to commit any wrong sitha
the scope of It's authority. But it has no 5Hc tight.
And when one Congress has given pledge 10 tho
people that certain legislation should NOT oe con-
timed and the people have relied on these Hedges
a succeeding Congress is as much bound to ~ out
these pledges as if directly made b. 1t. . 10 80
toppels arising from the equity Of The Gaze they are
AZ upon every principle of right they oulht - bo.
4, la vVni III f.
regarded"
This manly rebule does honor 10 the source from
which it came for amid all the false opinions, aGl
all the sinuosites in which shoIt-sighiet poiih-
clans have involved themselves not one is so faait,
the stability Of government and OF soo 'ty We deny
it. we reject it with disgust. It is not tue, fact.
that conc Congress cannot control thc action Of
another" 1t is of the essence of Society o. Gov
ernment that in many cases it should have tho
power to control and should exercise c powerof con-
trolling its successor II is Of the Of the con-
stitution of government under which we live. I'm
medately after comforting upon Congress the reF"ha
power it confers the power 10 BORON money ohths
credit of the United States" Does not Che benz
fetal. almost any, exertion of this power require
that one Congress shall have power 60 bind It's
successors by mortgaging public funds q,
security to the public creditors for money Iodhcd'
Can such power to borrow be benehcl-lly carited,
if at all by combining the term OF loans to tho tenn
of the existence of the Congress which auth -ize3
tbem-a term of two years Does not such a mort
Gage by a government bind the funds mortcaged rs
firmly and as long as a mort gage by an individual,
that ia until the debt for which they are pledged -
a security is discharged If this be notiso then tha
word "creditr used in the Constitution has hite or
no meaning. The principle of vested rights mas
meaning to the Government OF the United states,
The declared objects of the taxing power TO pro-
vide for the common defense and general welfare"
are without meaning, except for the term Of an ex-
isting Congressl On this subject, Hamilton. the
founder of the fiscal system of this country
| has pronounced strongly, "unless IL can be
maintained that the power of ordinary legsla-
ton is in itself illmitable uneontrollable in
| capable of being bound either by its own acis
or by the injunctions OF prohibitions of COnsitu-
tion it will follow that the body invested with that
power may bind itself, and may bind its successor.
so that neither itself its successor can OF nght
revoke acts which may have been once done, To
say that a Legislature may bind itself but not its
successor is to affirm that the latter has not mo-
an equal but greater right than II former else IL
could not do what the former unable 10 do.
Equality of power only will not zee lOr the arg-
ment."
In Congress seeking to negotiate Notification Of
the public debt by pledge of the C,edit Of this
ton the avowal of such opinion is most alarm
ing venture of the public interests. The doctrine 81
estoppel as applied to legislative promise, is, we
have seen, very slightingy alluded 20 This may
sut some of the present Congress, but il will not
suit elsewhere. 1.-The sense of estoppel," Kent
Commentaries, note to page 2S7, vol. w. ii ii
a man. for the sake Of good faith and fair d,"l-
ing ought to be stopped from saying "a,
| 4. Ir.ax
credited for truth, and by his representa- ,ss
led Others TO act " The very definition Of esq 2pel.'
said Mr. Justice Cowen, in Hill, 2l9 " is, when
admission is intended to lead and does leaC . 30
with whom a party is dealing into line II con
duct which must be preudcial to his interest neas
the party estopped be cut off from the power OF
traction" Most fifty, therefore, this doctrine of
estoppel urged as doctrine of good faith and fax
DEALING Most fifty, when il is considered that
the true definition of public debt is property SAB
ssting on the faith Of the Government Its essence ~
promise Its definite value depends upon -
ance that the promise will be definitely fui ie'i'
Preceding Congresses gave the pledge that the In
come Tax should mot continue longer than 1870"
and as to every purchaser of the National securities
under the faith of this pledge its nonfunlmeht Is
and must be deemed National fraud Ana Tor
what is this National fraud TO be committedI For
pittance lin proportion to the total revenue 10 DO COL
lectedl of few millions of dollars
Passing from the considerations Of the unconstit,t
tionality of heproposed Income Tax, and the obga
tons of the National good faith are led to read in
this debate other of the arguments in relation to this
odious discriminating tax. This tax is unequal"
it was urged perjury provoking and crime encoura-
png because it is at with the right OF person
to keep private and regulate his business affairs and
financial matters. 1t makes the tax-gatherer spy,
with mower to open up to his own or TO the public