The Caucasian. (Clinton, N.C.) 188?-1913, 1895-06-06
A CONSTITUTIONAL
AMENDMENT,
Senator Butler Calls Upon the
Populist State Executive
Committee to Act.
THE INCOME TAX DECISION,

A Letter to Hon. w. II. Kitchin in Which
senator Butler Reviews the Action of
Congress aud the Court In the Natter
He Say. that the Court Stabbed tn Q
Constitution---It Certainly Is Not Con-
stitntional to Tax the Poor and to
Exempt the Rich.
We are permitted to publish the
following letter to Hon. W. II.
kitchin Senator Butler, who is
chairman of the Peoples Party Ex-
ecutive committee, has, we suppose,
written the same letter to every other
membe Of the committee. The letter
is a strong and stirring document.
We publish it in full:
ELLIOTT, N. c., May %, 1895.
Hon. w. II. Kitchin, Member P. P. State
Er. Conn.,, Scotland Neck, N. c.:
DEAR SIR: You have, l suppose,
read the decision of the United States
Supreme court declaring the income
tax law unconstitutional. If Thomas
Jefferson were living he would say
that the news of that decision fell
upon his ears like the sound of fire
bell at night.
1t was unjust and oppressive taxa
ton that caused our forefathers to
rebel against the CALLING yoke of
English tyranny. 1t was to protect
the weak and to guarantee to the
people of the world that there should
be one government where liberty and
equal justice should be enthroned
that nerved our ancestors to a long,
seven years. bloody struggle, and
with their blood they purchased as a
priceless heritage for succeeding
generations of America the consti-
tuition of the United States.
On last Monday, May Goth, the ami
versary of the Meckl. nburg Declara-
tion of Independence, that constitu-
tion-our constitution-was given q
fatal stab, and that, too, not by a
foreign foe, but by our own Supreme
court.
But we must remember that while
George Washington was leading the
intrepid sons of liberty to victory in
1776, that there were in this country
a class of persons, known as Tories,
who did not lend helping hand in
that struggle for liberty, but who
gave aid and comfort to the British
foe. These same Tories hated the
constitution that was framed by
jefferson and his compratiots, and
would have century ago given 1t a
fatal stab, but fortunately at that
time they did not control the Supreme
court. If the constitution means
what the Supreme court says it meant
in its last decision, then Washington,
, jefferson, Madison and Monroe were
either incapable of expressing
their patriotic views or else they were
at heart cruel tryants and purposely
framed the constitution to be an en-.
gine of injustice and oppression. Il
seems to me that the time has come
for the Peoples party, in an oficla
manner, to take bold and patriotic
stand to overthrow these Tories, tt
, re-esta blish the constitution of ou1
. fathers and to execute it in the in
7 terest of justice and humanity. II
g short, l think, the State Executive
4 committee of the Peoples Part.
S should at once declare for constitu
S tional amendment in favor Of {
9 graduated income, tax, i'll order tt
d overthrow the decision of the cour
t which exempts the wealth of tn
}. country from paying taxes and lay
y an immense tax on the strugglin.
poor.
e shall introduce bill in the Sen
u ate next fall to provide for consti
' tutional amendment to be submitte'
d to the various State legislatures fo
. ratification
u This is the first time in the his
u tory of this nation or anv othe
g that any court has ever dared to owe:
o throw and nullify deliberate act Q
Il the legislative department of tn
d government, unless such act wa
y clearly unconstitutional beyond a
reasonable doubt. In this case the yer
9 ablest constitutional lawyers in th
u country have dclared time and agai
that the income tax was clearly COZ
u stitutional.
S. In last weeks issue of the CA1
II CAsIAN there was published an opil
J. ion, two columns long, from Senate
p Morgan, who is recognized by ever.
body to be one of the ablest 9:
e, Founders of the constitution,
>, which he clearly shows that the dire
tax clause of the constitution ws
VI put in the constitution on account (
d. slave property and is therefore obs
l. lete. If ability had been recognize
r. to say nothing of the different Sc
10 tions of the country, he would tods
10 be on the Supreme court bench in II
ne place of some one of the Justices wi
. came from New England, who we
IN never heard of until sudden
le- brought from obscurity and a
y, pointed by a goldbug President
AT wear the ermine of the highest JUG
ID cial tribunal in the world.
er Not only this but the court itse
It's was not clear as to the unconstit
tionality of the law. Only five mel
er- bers, a majority of one, voted agaiI
'ut the law, and that one (Justice Shira
up was converted or at least changed
lor opinion inside of thu ee weeks. Besid
in the four members or the court, W
. did dissent, did not do so silently
quietly, but did so with the strong'
protests that have ever been FL
in any court in America
ons Under such conditions, the
!ng members of the court, even if tn
ole had been perfectly clear and &C
1ty scientious in their views, sho,
out never have dared to nullify solel
). act passed by Congress. Even
every member of the court b
agreed that the law was unconsti
tional, they should have hesitated
INK fore taking such a terrible step.
'eS. A number of the large goldt
- papers. in expressing their JOY 8
och glee over the action of the cor
70 went far enough to say that I