The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-15
.Ghr Wlessfngrr.
Entered at the Postoffce at Whining
ton. n. c., as Second Class
Matter. April IL. 1879.
REPEATED ATTACKS ON THE CON-
STITUTION.

Al L
editorials Upon the changes wrought
upon the Constitution of the United
States by the war between the states
and what followed. 1t was mentioned
that some fifteen years or so ago, Mr.
Justice Roger a. Pryor, OF New fork
city, published a paper in a leaolng
American monthly showing the impor-
fant changes that had been in the very
structure of our government since the
crest wer had closed with so mucn OF
calamity to the south.
Since We wrote the destruction of the
fundamental law of the Ian has con-
nmued. and a work prepared to show
all the vast changes that had been
made since the constitution was franz
and began it's work would have
been an establishment as well as a
reproach to the American people. II
by 1850. the number and importance OF
Inroads upon h basic principles or
that once sacred instrument should
continue in undiminished vigor ana
sweep as they have already continued.
then. in that event. there would be no
constitution left practically. This is
not empty assertion. An examination
of the vast changes made in the great
structure of our civilization u~p-to-date,
would reveal to any candid and inteill-
gent mind the real dangers that now
threaten the very life of that inspiring
instrument. 1t will be recalled by some
what the iIlustrious W. Z. Gladston'
that Grand Old Man." said of the
great production of the fathers OF TINS
Republic. He said in a great tribute
n the written constitution: Ehe
american Constitution is the most
wonderful work ever struck OH at one
time by the brain and purpose OF man.
a Just, noble tribute from probably II
Greatest British statesman of the last
century. So we at least hold him to
have been, and after a careful study
eee his public life. That this marvellous
5astrumen is sadly impaired is not to
ze doubted. 1t is written of by a writer
n the New York Forum as in "decad-
ance." 1t has come to pass, and not
recently only, that the constitution mas
been interpreted v~ariously by the su-
preme court of the United States, and
construction made that are alike po-
I;ticaI surprises and legal absurdities-
Darty politics has had vast influence
over court decisions a. to What the
constitution really taught and allowed
We will avail ourselves of some of the
illustrative points made by The Forum
10 show "the decadence" manifest, and
the character of decisions rendered by
the highest judicatory in u land AS
Ear back as 1903, Chief Justice John
Marshall, of Virginia, declared the
constitution was supreme, and that any
act of the congress not III accord with
that instrument was simply VOID.
Judge Marshalrs decisions were not al
WAYS safe and wise, he antagonlzlng
both the administration and public SEN
timent. n Forum says that since
the time of the greatest lawyer n
jurist. for such is our own characterl-
cation who ever sat on the supreme
court bench. 1.-The constitution has
seemed to be losing p~aramountcy. be-
cause it has been amended by decisions
which have often overruled former
judgments And often this has been
done by a very slim majority in a d.
vided court.
The Forum points to the bred Scott
decision in 1856, and the Legal Tender
cases in 1S6S-7O to show p~artisanship
and 's~ubserviency of the supreme court
to administrative necessity" The For
um says forcefully, We giving only a
part of the comment made on the Lee
gal Tender cases:
eft was held, overruling a former de-
.cision of the same case by the cours'
thai the power to make the notes or me
government legal tender in payment OF
Drivate debts was one of the inherent
rights of sovereignty in all civilized ma
lions, and that, as the constitution dld
not expressly withhold it from con-
gress. congress had the power so to l-
gislate for the United States. That is,
the jus gentium, the law OF nations,
recognizes such authority, and so the
United States may adopt the doctrlne.
But we have been taught that congress
can exercise no power by virtue OF any
supposed inherent sovereignty in the
general government; because sover-
eighty resides with the people, and con-
gress can exercise such powers as nave
been given to it by the people,, and no
Others"
"A iaIe uGclSlOH " SuO" oCN4lAAC, oC~"St
Is that of the income tax in 1895. Pub
lie sentiment was strong for the tax.
At first an income tax was held to be
constitutional 4 rehearing and a
change of one of the majority, overrul-
ed the favorable opinion. 1t was the
result Of political party necessity de-
manding a change, a reversal.
In regard to taxing Porto RICO oy
the Mckinley administration after II
a become a part Of the United
States. the Forum says it followed the
course of Lord North in dealing with
the thirteen American colonies, he hold
ing to the plenary power to tax the
colonies, that had no representation in
the British Parliament. The Forum
states the case clearly as TO the outrage