The Caucasian. (Clinton, N.C.) 188?-1913, 1895-05-16

A...u,d-. thorough and Ihouxhtfxi
r...., 81 The ,onsitutioAaI Definition
.,tt, lurd., ia Iight sf History.
.u ro.tI
Wy novel and almost radical
..,. ... - 'akcu ty Senator Morgan,
..u.ma, ia reference to the in
....,.A cases which are TO be re-
..,.. a,. ,rc the United States Su-
.r,y. court next week. II Senator
v,,.u were upon the bench, he
a..a hold that the words "direct
..,." rac presence Of which in the
.r.ry'un led to the recent decision
...r.ug incomes from rents and
,.., ,aud municipal bonds from tax,
..... are actually obsolete. Ia his
,,...uu, arguing from the context,
t.,, r,Iatcd sOl+ly to negro slavery
....agc been nullitied by the thir-
..r.n and fourteenth amendments
.r., constitution. They still re-
... 10 the text, ne admits, but they
a.tr mo- more force than the fug tive
...u.. While distinctly disavowing
.., criticism Of the decision Of the
.ur,, 10 ls quite evident that Sena
u. Morgan believes that very vital
point has been absolutely overlooked
u iu. consideration which has been
gwen to the question.
when asked by reporter for ,hs
Fo.t o. ~ regarded the words direct
'a1' ?, still being operative, Senator
Morgan ssld
"lf not my wish to say anything
aU,.I "a question before the Supreme
r,tt. In which ] have no profes
..uug interest, but feel that may
properly state my views OF the matter
owurh your question relates, be-
cause II involves the vital powers Of
the government and the personal
nights or welfare of all the people.
iu cases like the one still under con
.derauon, involving the powers OF
Congress aud the executive, cur Su-
prrmc court is, in its authority, a
sovereign of the sovereignties, and
above all else, the people should un-
drr,taud the grounds on which its
Judgments are founded. l have not
read the opinions OF any of the
Judges ON this subject, and feel fee
To state my views, which arc not in
any sense, criticism OF the opinions
Of tie Judges.
THE LAW IS CONSTITUTIONAL.
81 have not doubted that the in
come law is constitutional, in dll It's
provisions, bnt | will only state the
ground on which | rest that convic-
tou, as It relates to the proper and
constitutional definition of the words
'or other direct tax in the fourth
chlse Of section 9, article |, of the
constitution, which is that mo capi-
ta,lon, or other direct tax shall be
land, unless in proportion to the cen
sus or enumeration hereinbefore
directed to be taken II these words
Aa'r IL historical or constitutional
interpretation, that must be the tx
elusive rule for their definition.
AN unsertaln vague, indefillte,
convenient, and varying definition
ut an exception to, or a limitation
upon, the broad and vital pJwer OF
Congress TO lay and collect
provide fol the common defense ant
general welfare of the United States,
must he regarded, if such a thing
exists IN the constitution. as defec
that IS astonishing, derogatory an,
nearly fatal to the self-suppOrtins
power of the whole scheme of tn,
Federal government.
IF THIS clause of the ninth cectiol
iarIcIc is construed as u limitation
apol tue general power of toxatlon
aud not as " restriction as to tn
method of laying q specific tax upo1
asgoclred subject of taxation, ther
Is only the greater reason for glvin
close and rigid construction t
such words of limitation, beeaus
they would invade an EXPRESS an
unqualified grant of the power to la
ana cuIlaet taxes which is the vita
element Of the sovereignty OF tn
government of the United State:
lhcy Substitute n foundation OF shlt
ny sands ef construction, at finltloI
deviation, and the meaning of mer
words, dslucated from the contel
ot this clause, and considered apal
from tue entire context of the col
situation, in place OF the histories
laets that compelled the use of tt
words, 'or other direct tax to accon
pNsh certain purpose, which wa
Tue political protection OF the INST
tuition of slavery.
HAD THEIR ORIGIN IN SLAVErY.
II slavery had not existed in IL
h(dttS Wnsn the constitution W;
sreatsd, these words would not ha'
found their way into the ninth Sc
non OF the first article OF the eoIs'
l0uon. They were not needful e
ttept as words of partial restristlo
,or special political parpose,
"ung to negro slavery, and had
nlerence to the general power
WSation except as they related
Urcet taxes ON persons. They a
t'pefi1d or rendered super tiuous !
ue fourteenth amendment of t
constitution which amends section
Vi article ,, to which these words {
pressly relate.
The words 'and direct tax
round in clause 3, section 2. of I
orgtual constitution, ARE stricken {
" the second clause of the fo
Telth amendment and the power
oongreSs to lay and collect taxes
NO longer qualified by the duty
"Ppofuoung 'directtaxes' on perst
VI property i'll connection WI h
upon the basis of representation.
inns amendment, ,"continued s.
a'or Morgan, made the constitut
" conform to the thirteenth amel
men,, which abolished slavery 8
reed the power of Congress as
pporHoniug taxes from the rest
uoh IN that amended article, 6
olSO IN Ar1lrle q Of sacflap 2 Wh