Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-06-13
OVERRIDES DEMONSTRATION

! tue tlltuI OF llle NGW lnIh EAtlllnk ltnb Ntin
published in that papers issue Of Saturday, June
| sth.l rFs'i ts7
Sir: The American people, Us they
contemplate the spectacle OF court
that was supreme rent in twain by the
simple and elementary question whether
the President and the Congress are
bound by the limitations OF the Con-
stitution. may proftably recnr to o
| memorable utteraDce OF the late
Thomas X. Baysrd. In bis notable
address on individual Freedom, -
delivered before tho Edinburgh Philo-
sophioal Institution on November 1th,
1897, Mr.. Baysrd said:
10 my own country, 1 have Wit
messed the Unsuitable growth of that
form OF State Socialism styled PRO
| tection," which / believe has done
mvre to foster class legislation and
create Inequality OF fortune, to corrupt
public life, to Danish men of in
dependent mind and character from
the public councils, to lower the tone
of national representation, blunt public
conscience, create ialse standards in
the popular mind, to familiarize it
with reliance on State aid aud
guardianship in private affairs, divorce
sthics from politics, and place politics
upoo the low level of meroenary
scramble, than any other single cause.
Step by step, aud largely owing to the
confusion Of civil strife, il has sue
ceeded in Dbtainiug control OF the
sovereign power of taxation, never
hesitating at any alliance. or the
resort 10 any combination, that
promised to assist its purgose OF per-
| rerting public taxation from its only
true Justification and function--of
creating revenue for the support of
the government Of the whole people
into an engine for the aelfsh and
private profit Of allied bene6ciaries
and combinations called Trusts. -
Under its dictation, individual enter
prise aud Independence have been
oppressed, and the energy Of discovery
and invention debiljtated and DIS
| Outraged.
1t has unhesitatingly allied itself
with every policy which tends to com
mercial isolation. dangerously depletes
the Treasury, and saps the popular
conscience by schemes of corrupting
favor and larResse 10 special Glasses,
whose support IL thereby attracted.
THUS 1t has done so much to throw
legislation into the political market,
where jobbers and chaiferers take the
place of statesmen.
y y
1t is incorrect to treat OF PRO.
lection as national policy, for that
| il can never be, because il ian mover
be other than the fostering OF special
interests at the expense Of the rest; aud
this opertLruws The greai prinoinle of
equality before the law, and that re-
sultant sense OF Justice and equality In
the administration of sovereign powers
which is the true cause OF domestic
tranquility and human contentment.
The value of pIotectiye' taxation to
its benefciaries consists 10 it's in.
equality. for without discrimination 10
favor of some one, there is no ad-
vantage TO any enc.
/.
"The enfeebIement OF individual
energies and the impairment of manly
selt.reiihnce are Necessarily involved,
| in tho belief in mysterious powers of
| the State and reliance upon them to
take the place Of individual exertion
foster the growth OF State Socialism,
and personal liberty osases 10 be the
| great end OF government.
Since theso illuminating words fell
from the lips OF MIR. Bayard, additional
barriers to "the Unsuitable growth Of
that form OF State Socialism styIed
Protection have been removed.
Prior to our recent wars for CONQUEST.
even special privilege made public
| profession OF devotion to the doctrine
OF equality. 1t now feels itself strong
enough to appear In lis true character
as the enemy of equality, the foe OF
Constitutional liberty.
1t has for come time been clear that
the. protected interests, while retaining
their practical monopoly OF the A meri.
Gun market, desire fresh Fields for ex
ploitation and new means OF offence
and defence in the game Of inter-
national competition for trade, This
twofold purpose has led TO the
national expenditure, in our recent
wars Of conquest, of much blood and
some eight hundred millions OF the
peoples money. The final obstacle 10
its success was the clause of tho Con.
stitution which provides that ..All
duties, imposts and excuses shall be
uniform throughout the United
states, Unless. this provision for
| equality OF taxation could be nulified
the scheme must fail.
1
| cannot be accused of unfriendlinesa 10
the powers that be, in its oomment IN
this feature Of the decision of the
supreme Court In the Downes case,
says: 80
This is condition which euppeHts
that the constitution of the court had
more to do with the decision than the
Constitution of the United States. IN
lends more popular interest 10 an
analysis of the politics ana prsdi-
lections of the. justices than a scrutiny
OF their reasoning. From the day when
II became evident that the question N
our plain duty to abolish all oustoms
iariifs Between the United States and
Porto Rico" was to bo passed on nv
the Supreme Court, there has never
been any doubt az to the attitude ~
Justices Shiras, White and MoIenna
although Democrat, Justice
white was q representative OF the
sugar cane interests in the Senate. and
was appointed to the Supreme Bench
by President Cleveland to remove m
obstruction In the way OF tariff reform
in the Fifty third Congress-. His viewa
on tho relations of the United Stntas
TO It's insular possessions were sweetanad
IN advance by strong tinctiIre Of siipar.
'Justics Shiras halls from Pittsbnro.
the very smelling furnace Of proteotion
OF home industries from free trade will
any outlying island OF the sen or foreion
country. Free trade between the nriu1Ir-
nsl thirteen States of the Un,on h
about his idea OF the Cnstit,,tionai
limitations on uniformity OF dutias.
imposts and excuses throughout the