The advocate., 1896-09-23
$l.OO A YEAR.

that 1t approaches the proportion Of a
National calamity, feel it my duty to
enter my protest against it."
Justice Harlan was even more severe.
He said:
"But the serious aspect Of the present
decision is that, by new Interpretation
Of the constitution, it 80 ties the hands
Of the legislative branch Of the govern
ment, that without an amendment Of
that instrument, or unless this court At
some future time should return to the
old theory OF the constitution, Congress
cannot subject to taxation, however
great the needs or pressing the neCesgi-
ties OF the government, either the in
vested personal property OF the country,
bonds, stocks, and investments Of all
kinds, or the income arising from the
renting Of real estate, or from the yield
of personal property, except by the
grossly unequal and unjust rule Of ap-
portionment among the States. Thus
undue and disproportioned burdens are
placed upon the many, while the few,
safely entrenched behind the rule Of Rp-
pOrtionment among the States on the
basis OF numbers, are permitted TO evade
their share Of responsibility for the sup
port OF the government ordained for the
protection OF the rights Of all.
II cannot assent to an Interpretation
OF the constitution that impaiFs and
Cfipples the just powers Of the National
government in the essential matter Of
taxation, and at the same time discrimi-
mates against the greater part OF the peo-
pie Of our country.
"The practical effect Of the decision
o-day is to give to certain kinds OF prop
erty position of favoritlsm and advan-
tage inconsistent with the fundamental
principles Of our social organization, and
to invest them with power and influence
that may be perilous to that portion Of
the American people upon whom rests
the largest part Of the burdens Of the
government, and who ought not to be
subjected to the dominion OF aggregated
wealth any more than the property Of
the country should be at the mercy Of
the lawless."
The decision in the bred Scott case
provoked a storm of hostile criticism.
Abraham Lincoln said at Springfield,
ILL.,, June 26, 1857:
"But we think the Dred Scott decision
is erroneous. We know the court that
made it has often oVerruled it's own de-
cislons, and we shall do what We can TO
have it overrule this"
At Chicago, July 10, 1858, he said the
decision
"-is based upon falsehood in the main
as TO the fscts-allegstions OF facts upon
which it stands are not facts at all in
many instances"
Further he said:
Somebody has to reverse that decl-
sion, since il is made; and We mean to
reverse it, and we mean to do it peace
ably"
Charles Sumner used language still
more violent. He referred to the dsci-
sions as "this enormity;" he said it "fal-
sided history" and he continued:
"What is the Office Of Chief Justice, il
it has been used to betray human rights?
The crime is great according to the posi-
tion Of the criminal.
al speak what cannot be denied, when
/ declare that the opinion OF the Chief
Justice in the case Of Dred Scott was
more thoroughly abominsble than any
thing of the kind in the history Of
courts. Then and there judicial base
ness reached it's lowest point"
In 1890, Mr.. Jarvis sent a book to
(C0ntSRaed on page 1sl