Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-05-01
senator Morgan. Contention.

Senator Morgan, OF Alabama. has so
high n reputation as constitutional
lawyer that whatever he says touching
a constitutional question is entitled to
respect. and must be treated as worthy
OF the consideration. not only Of all per-
sons interested in such subjects In a
general way, but OF the Supreme Court
OF the United States. AZ we said yester-
day, IL Will he a strange spectacle to
see justices Of that court trying 10 fix
the meaning Of phrase in the Federal
Constitution which is no longer to be
found in that instrument. We here quote
from the Washington Post what Senator
Morgan contends for on one point. lie
says:
"rhe words and direct taxes found
I'm clause 3, section 2, Of the original
Constitution, are stricken out by the
second clause of the fourteenth amend
ment. and the power Of Congress 10 lay
and collect taxes is no longer queiifed
by the duty OF apportioning direct taxes
on persons or property In connection
with or upon the basis Of representation.
Clause 3, section 2, of the Constitution,
did read as follows $50 far as the question
under consideration is concerned. We
quote:
Representatives and direct taxes
shall be apportioned among the several
States which may be included within
this Union according to their respective
numbers, which shall be determined by
adding TO the whole number OF free per
sons. including those bound TO service
for n term of years, and excluding H.
dams not taxed. three fifths OF all DINER
persons"
That Is TO say. IN fixing the basis OF
representation in the National House OF
Representatives, three ffths only OF the
slaves were TO be counted. This feature
Of the Constitution has been stricken from
1t by the operation of the fourteenth
amendment. says Senator Morgan.
Representatives and direct taxes are now
based upon all the population except
Indians). There are no slaves to be
counted or to be left uncounted. SO the
Constitution (as amended by the four
tenth amendmenO, reads as follows:
Representatives Che reader Will note
that the words direct taxes are omitted,
shall BE- apportioned among the several
States according to their respective num-
bers. counting the whole number OF per-
sons in each State, excluding Indians
not taxed"
This amendment. says Senator Morgan,
made the Constitution conform TO the
thirteenth amendment. which abolished
slavery. and freed the power OF Congress
as to apportioning taxes from the re-
striction in that amended article, and also
in article Q of section 2, which related 10
laying a direct tax on free persons and
on slaves as persons included in such
apportionment.
The restriction spoken of reads as fol-
lows:
NO capi,ation or other direct tax
shall be levied unless In proportion 10 the
census or enumeration hereinbeiore d.
dected to be taken"
We have already described "the emu
meration heretofore directed to be
taken"
Hear "the conclusion OF the whole
matter" in Senator Morgan's words:
Il would italicise the words in these
clauses that relate TO taxation and repre-
sentation in the basis of apportonment.
and In both clauses 70 Is obvious that the
taxation of persons. and not of property,
is the subject OF proportionate regulation,
and that the word direct, as thus applied
TO taxation, has no reference to property.
but does expressly relate 10 persons"