" -Bn SANFORI), NORTH CAROLINA, WEDNESDAY, OCTOBER 39,1890. '$£0 TrfElTARIFF TRQUBLE.S4*’ .' Is the McKinley Bill Constitutional ; or Not? SOME LAWYERS SAY OKIS SION OF . '<lr VI TIATES 1 'KM , uiocusaroir ovbb ran kattee—a NOVEL FEAFURE or an old tariff. New Yqhk, Oct. 23.-—Sena&r ~ McPhersoW very rece&iiy wroiaN'*! follows to a member of a prominent importing house in this city: “I beg to call your attention to the conference report and tariff MJ. sent t you about ten days or two -weeks * ago, a quarto pamphlet of 214 pages. On page 175 you will find in amend ment 440 and section 30, the read ing matter relating to draw backs . on tobacco stricken out. Turning over to page. 178, sixth, line from the top. you will find the following: ^.“Conference restores section 8Q, v- -• Luc titj ill um oerore you, you will find “Section 30, that on and after tliefirat day of Jenuavy,’’ fie-., ending with “six cents per pound” leaving all the rest of the original section 30 out altogether. . ":V ; "This omission is fatal to the bill and in the opinion of eminent law yers here, Senator Carlisle among ' .them, it vitiates the whole bill. It is an internal revenue section, but ; being part of the tariff bill pass ed, it stands and falls together.. In accordance, with this discovery a protest against Collector Erhfirdt’s -official action under the internal revenue full was last evening for* watdedfto. the leading importers in ■ the city for signature. _ Under the law,’ protests -against the collectors’ assessments cannot Jjc lodged until the liquidation of entry, and must be lodged within y'.tetr days after that atage,jn the im ^porter’s business in the govern* luent.- ~ "?•' "■ , " Washington, D.C. Oct. 23.— Senator Carlisle, who was one of the confeiers of the tariff bill, was ask ed what in his opinion would be the effect .of the omission of section thirty from the tariff bill as signed by the President, ;. ' ; “I have not” he said, “examined the authoiities oil the subject, but it seems quite clear to me that the omission of one seetion is jnst as fatal to the bill as if it had all Ixjen omitted. If the President can sign half of a bill passed by both Houses, and make a law, of course it makes no difference how small a part it is. : Should the constitutionality of this law be tested *n the courts, the question would have to be deter mined by the journals of the two Houses because they constitute the only legal evidence of what is done. The two Houses passed the tariff ’ bill, but in different forms. When • it came back from the conference, committee there was nothing to act upon except its report, which I sup pose was entered upon the journals ’ -aa is. usual in such cases.” ■ : , *:< W ashinqton, D. 0. Oct. 23.—The Alleged fatal defects in the new tar iff bill formed an interesting topic ■of discussion in official circles to-day, and, while the defects were not ■ thought to invalidate the bill as a whole, sentiment was almost uuan tnous that section 30, of the tobacco paragraph, which was omitted in its entirety, could not' be enforced, where by construction, referred to v other paragaaphs it might impair their strength. As to the law sign ed by the Pj^sidont not being the law passed by Congress, Private Sec retary Halford said the bill Presi dent Harrison signed was the same bill signed by the Speaker of the House and the President of the Sen ate. These officers, by their signa tures, certified that the bill had pass ed their respective branches of Con gress, and their attention of that fact wns the uspal mode of proced ure, end the only officiul notifiea ^ tion the President ever received that a bill had passed. Whether the law was constitutional or- not- was a i question for the courts to decide. • Secretary Wiudorn, when ques tioaed on the subject, .said it did. 'not-become Him to question ther con* stitutionality of legislation passed by Congress. He was simply an executive officer to carry out the will of Congress, and . when laws wpre placed upon the statute books, •U he bad. to do was to execute them. If doubts existed as to a given law being constitutional, those doubting it could • have tlieir doubts removed or confirmed by tak An interesting point bearing on the subject was pointed out at the Treasury Department to-day. Un der the tariff Jaw'Sf July 14tb, 18 52, dutjes were increased' on all brown or bleached linens, ducks, canvass paddings, cot bottoms, bur lap, drills, coatings, brown Hollands, blay linens; damasks, draperies, etc., five per cent, ad valorem, making the duty on the articles yarned 85 per cent., the former tariff■. Having im posed a duty of 30 per cent, ad val orem. In 1804, June 30th, another tariff law was passed imposing an additional duty of 5 per cent, on all the articles nanid above, but by a clerical error, a whole line was omitted, and drills, coatings, brown Hollands, blay linens, and damasks, were left out of the paragraph al together. At hrst the treasury department imposed 40 per cant, duty on. the omitted articles the same as on the enumerated,_ holding that such was the evident intention of Congress: but subsequently the department reversed itself aud refunded the 5 par cent--., increase in the bill of 18 03 over the bill of 1862, aud after wards changed the duty on “drills, coating, etc,” at 30 per cent, ad val orem. It was not argued that the omission of “drills, coating, etc,” from the paragraph invalidated the paragraph or applied'to -'any other articles than'the ones omitted, or that the error in regard to the para graph not being complete tended to make void the bill as a whole, or that the articles, in being omitted,’ belonged to the free list because they were not enumerated in the dutiable list.' All former tariff acts contain more or less omissions or errors, ahd eyen so late as February 27, 1877' an act was passed to sup ply omissions, in the revised stat utes. V It is thought at the Treasury de partment that the same course will be pursued in regard to.any defects of the present tariff law, if they are of o character serious enough to cajl for it. . “Come out from Among them, My People.’, _ Sta*c»vUle landmark. One of our exchanges contains this paragraph: . . Mr. W. 1. JoneS, the most popular Republican leader in Gran ville county, openly proclaims that if you will show him three white Republicans in the South he will show you two scoundrels. We concur with the Asheville Citizen in disapprobation of this publication. It is not true j no man either with or without sense, be lieves it to be. true, and nothing is to be made by this ^wholesale traduc tion. There are many white Re publicans in the South who are per sonally honorable, honest men. How they can affiliated with those men of the North who hate the South, who are now trying £o drag oon it by means of a force bill,-who rohit.bj' pension legislation in the benefits of which it does not share, who have just enacted a tariff law which is vilely sectional in its char acter, who are seeking to . strike down a great Southern industry by legislating against cotton seed oil— how they can tolerate a party the stock in trade of which is denunci ation of their people, we can in no wise comprehend. Though he be lieves in every tenet of the Republi can party and repudiates every prin ciple for which the Democratic par ty elands, still no Southern white man should league himself with the enemies of his people. Yet some honest men among us do so and it is neither neighborly nor just to brand them «is scoundrels of the war control ami ofjbers are Republicans by in* lieritnpce. Many of these despise their association and would tremble at a thought oftheir'party carrying a State election, well knowing that the bad element in if predominates and that it would wreck the. State, These ought to abandon their party; they should not allow any false pride of consistency to keep them m a company in which they do not belong. Many of them, moved by the outrageous sectionalism of the present Congress and the present national administration, have come out on the side of their own people, but none have been aided to do so by being abused. We hope no honest white Repub licans. will think the Democratic party, generally has any sympathy with such intemperate'utterances as I that quoted above. On the contrary they are estimated at exactly what they are and will be welcomed into the ranks of those who ate their natural allies if they trill come out and abandon their party ' to the : blaek people and to the ignorant and vicious white men who belong to it by instinct. r ? \ .... state NEWS. Raleigh correspondence Wilming ton Messenger: The taxes for pen sions this year aggregate $80,000' It is learned that the four classes of soldier pensioners will receive an nual allowances as follows: First class, about $00; second, about $65; third, about $40; fourth, about $20; and .that the widows will re ceive about $20. '. This will be a ■ considerable increase for them. Prof. J. P. H. Leigh was teaching school at Cana, Davie county, a year ago, and the Davie Times gave as the reason of. his departure that he had been too fond of his female pa-, pits. Leigh bad. moved to Perqui mans county, and brought au ac tion in the Superior Court for libel against Mr. Will. X. Coley, the editor of the Times. The . . .editor stood his gound, employed Counsel and was prepared to^defend the suit, when Leigh, week before last, took a non-suit and paid the costs. Hurrah for editor Coley! The Supreme Court has filed an opinion in an important and novel case—a $10,000 damage suit brought by J. L. Young, of Cravau County, against the Western TJunion Tele graphJCoropany. Last year Young’s Wife was taken ill in Greenville, S. C., and telegraphed her husband to come on. lie did not get the mess age until'six days later and in the mean time Mrs. Young had died and been buried, Young not know ing of either fact till all was over. Young obtained damages in the* Superior Court, but the telegraph company took the matter to the Su-‘ preme Court, which sustains, the finding of the lower court. General Political News. Hon. Justin {■}. Morrill, of Ver mont, was last week re-elected to the United States Senate. He is the oldest member of that body. Senator Joseph E. Brown, of Ga., to the surprise of everybody, has an nounced his purpose of speaking at the Georgia Fair to-day, the 23d. It is estimated that he will endorse the farmers fully and advise them to select,a Senator as successor to himself who is in complete accord with their policy. More than a dozen of the coun ty Farmers’s Alliances' in Georgia have already passed resolutions in structing their delegates-elect to the Legislature to vote against the election of John B. Gordon to the -United States Senate, because of his alleged opposition to the scheme of the Alliance. As matters now look, Gov. Gordan’s chances for the senatorship are regarded as slim,, as the Alliance men constitute at least three-fourths of the legislature. ■ In the meantime, Judge J. K. Hines, un able Democrat, has also announ ced himself for the Senate, on a square Alliance platform, including the sub-treasury scheme. TO QUESTION 1 the Constitutionality of Laws is Bra zen Arrogance. Col. W; H, 8. Bonrgwya iii « re cant speech to the Farmers’ ^.lli apce at Kitrell made use of the fol lowing language; “The Colonel then took up lion. Z. B. Vance, mn junior Seiietor... After commending his past history and service, he pro ceeded to araign him for his'Upposi; tiou to the demands made by- tbs Farmere’ Alliance, and showed the utter fallibility of Mr. Vance’s ar gument and position as the consti tutionality of certain measures de manded. He said that the man- war indeed hold who essayed to attack the constitutionality of any law end that the assumption of an opin ion of any other than the Judge! of the Supreme Courtof the United States, be characterized as brazen arrogance. The Colonel then defin ed His position on the practicability of the sub-treasurjf plan. He no) only demonstrated its practicability, but advised the Alliance to stick tc its demands and elect only men to the United States Senate and Con gress who were in favor of the re form movement, the exprespression of which-sentiment met with loud and continued cheers,” - * THE “NEWS AND OBSERVER'S REpjtY. We regret to see such view attri buted to him in regard to the nature of our government. As expressed, it would he “brazen ' arrogance” fot any person other Ithan the Judges oi the Supreme Court of the Uuitec States to entertain the, opinion thal a law is unconstitutional!.. A: these judges cannot originate law eases, according to this views, nt :^se should over be brought involv ing the constitutionality of a law It would be “brazen arrogance” foi any citizen to suggest through his counsel, or for any counsel to sug gest to the court that a law k un constitutional! All laws are to bf accepted by the people as constitu tional, and if any citizen shall pre sume to have au opinjon about the matter he is guilty of “brazen ar rogance!” It, would be brazen ar rogance for a Hampden to question the lawfulness of ship money! II were brazen arrogance in a Camp bell to question the consfitutional ity of the Civil Rights law, or for a Burgwyn to question the constitu tionality of the Force Bill. If a citizen shall presume to hold any nninion on f.lip. mpnninor f.!ia /'An. stitution of his country, he is gu lty of “brazen arrogance." ' • The king Can do no wronf., The Congress cannot err. The mem bers of Congress are,, infallible. Behold the change! As a citizen a man would be guilty of brazen ar rogance to hare an opinion on the meaning of the Constitution; he is elected to Congress—and his opin ion is now become so infalliable that it is brazen arrogance in a citi zen to hare a different opinion 1 But that is not exactly what Col. Burgwyn is represented as say ing. The view attributed to him is so broad that even a member of Congress must be guilty of brazen arrogance if he had an opinion as to the meaniug of the Constitution, He is called On to make a law, and if he shall stop to consider the bill and to form an opinion as to wheth er the law would be constitutional or not, he is guilty of brazen arro gance. Yet he is sworn to do that very thing. -lie »sworn to sup port the constitution, and that lim its the power of Congress to legis late to certain specified subjects. He is sworn to obsyve those limita tions, nnd yet if he has on opinion as to those limitations, lie is guilty of brazen arrogance. :: Let us suppose that a bill is intro duced into Congress to seize Col. Burgwyn’s property and hand it ov er to Mr. Quay for a Republican campaign fund.' No citizen, no member of Congress, not, even Col. Burgwyn can bold an opinion that that .measure is unconstitutional without being guilty of brazen arro gance. The bill is passed into a law; Mr. Quay seizes the property; Cob Burgwyn asks a lawyer to in terfere; but the lawyer would be guilty of brazen arrogance were he to hold and express the opinion that the law is unconstitutional. We do not think that Col. Bur gwyii entertain^ these views abso lutely. A system founded on such* a view would be unsuited to the genius of a free people. It would ! be foreign to our traditional meth od of government. . Indeed, it would be utterly inconsistent with American institutions and the free enjoyment of popular .rights. It would repress manhood, stifle the spirit of liberty, and train our citi zens into a passive slavery. When the Supreme Court .held that the constitution meant a cer tain thing which our fathers thought it did not mean, ' they promptly put into the instrument a clause that the Constitution “should not be construed" to mean what the court said it did mean. The citizens, reserved the court. As we have said, we do not think that the Colonel, who is a gentle man of liberal educationt ^cquainted with the history of his country and entirely familliar with the fact that ever since the adoption of of the Constitution, the basis of par ties has been-the different opinions entertained by citizens as to its meaning, intended to express the yiews attributed to him without some modification, which however, our ingenuity fails us tq supply. The only proper basis of perma nent parties in a constitutional gov ernment is the correct construction of the constitution. Every citizen has a right to his view, to his Opin ion—to his own construction. The ' party in power enforces, as far it can, its own opinion and construc tion. Indeed one of the allegions made against the Democratic party in former years was that on gaining power it would declare that certain additions to, the constitution were not lawful amenemehts of the in strument, were without force or va lidity. ' ..j .■ Even the Supreme Court may re verse itself, as in. the legal tender cases. The Herald’s Estimate. The New York Herald, of Oct 15, Bays that “conservative estimates’ indicate a Democratic majorty in the next House'of eighteen, but it may be larger." The Herald gives the following resume of the causes leading to this great revolution in the political sentiments of the coun try: “Of all the issues which will tend to shape the result, the new tariff law is likely to prove the most po tent factorin determining it, be cause its effects are so far-reaching and it comes home to every individ ual consumer in the land; While President Harrison was elected on the protective issue by a minority of the popular vote, though a ma jority ih the electoral college, the Republican leaders never intimated that they proposed to go to the lengths of the measure that has just become a law. “The bill has been passed despite the protest of large and important elements of the population. Al ready its effects are being felt. Pri ces are slowly but steadily going up on articles of almost universal con sumption. On the other hand wa ges have not acted i,n sympathy with prices. The home industries, which are expected to receive such an impetus by reason of the new tariff, can not experience it until the large stock of foreign stock which has been laid in has become exhausted." “The effect of all this must ope rate to the detriment of the Repub licans, and nowhere more than in the agricultural States of the West, where the farming interests are greatly depressed. Senators Pad dock, of Nebraska; Pettigrew, of South DnkotR, and Plumb, of Kan sas, realised this fully- when they voted against the McKinley bill.mi; its final passage, and in doing So they represented the '•view's of tiieir constituents. The absence of hursli criticism of their votes in the col umns <»i the Republican papers in those States proves this incon test ably,. . _ , —jy , 1 ; “The Force bill has had the effeot of nerving up the Southern Demo crats to a supreme effort and very few Republicans will sit in tiro next Congress •from t hat section. So strong is the feeling on the subject that Mr. MeComas, who has been repeatedly elected to represent. the Sixth District of Maryland as a Republican, is thought this year to be in danger of defeat. This same thing will apply to Congressman Brower, of North Carolina, who has twice been elected as a Republican. No effort will he spared by the Democrats in the South to carry every district possible, and an in creased Democratic representation “In this connection it is advisable totouchona movement which is attracting widespread attention and which is expected to play an impor tant part in the future politics of the country.. I refer to the Farmers’s ■Alliance. The Republicans are laying the flattering anction to their souls that through this wedge they will be tible to break up the Solid South and perhaps prevent the Democrats from organizing the next House. Tn this they are likely to be badly deceived. ‘ “True, in many districts in the South, Alliancemen have defeated Democratic veterans for the nomi nation. This happened in six of the ten Georgia districts. But it was merely a primary contest, and the nominees are naming as Democrats and with the understanding that they will participate, in the Demo cratic caucus. They well know that to prove-reereant Jto this pledge would doom them to future political oblivion. The .Southern. Alliance Democrats will standby their par ty.” , The Last Cause of Differencefiemoved. State Chronicle* / A prominent_and influential member of the Alliance, a Demo cratic candidate for the Legislature writes us under date of Oct. 15th, the following private letter. It ac cords so exactly with the position of the Gkronicte, and seems to us to contain so much wisdom, that we take the liberty of giving it to the readers of the Chronicle, withhoold the name of the writer for the pres ent. Its statements are commended to the consideration of every Demo crat, and particularly the Democrats who honestly criticised the letters and position of Senator Vance. Our Alliance friend writes: “I anr delighted to receive the Chronicle, and find Senator Vance’s letter to Mr. E. C. Beddingfield. This letter harmonizes everything in my district, and it is the biggest thing for the Democratic party that has taken place for many years, not only in North Carolina, but for the whole union. It at once makes Vance the hero throughout the laud. Nothing can stand before aim. This letter should bring ev ery farmer, mechanic and laboring; man to his feet, and cause them to work as they never have before. Ik should make every township in the State Democratic by a big majority. I am sure Wake courfty will go wild with the glad news, and you will have no trouble to roll up a large majority on the night of the 4th of November. This letter puts Senator Vance just. where I have claimed he was ever since reading his letter to Mr. Carr. The State press (I have claimed) did Senator Vance great injustice in, declaring throughout the State that he was opposed to the principles of the sub-treasury Bili.r “This’ letter will do great good ihj North Carolina, and should Senator Vance take the stump with Polk and others in the west and advocate the sub-treasury bill as he eau and inform the people on the finances of the country wo will have no trouble in destroying the power of money to oppress the people, nhd Vance would at once 'bd the biggest mnn in the Union. We musthave more mou sy and cheaper money in this conn try. The scarcity of money and hard times in the rural districts k Iriving our men to the towns and to the west. It takes tl# ninnhood *nd the womanhood ont of the /oung people of the country.” ) The Speech of Senator Ransom. Statrmrlltv La ml mark. ■*?-* 'S; y ' If a diacriininatihgstanger, with out hnv;!!*; henrd the name or known Hu; • station of the speaker, had dropped into the court house at this place Tuesday and heard Hon. Matt, % W. Hansom/from the first to the last word of the address which l he delivered here that day,' he, would have said at its conclusiori,‘ ; “That man should be in the Senate of United States.” While yet under I the immediate spell which he threw tareund all who heard him, and while the music' of his: voice yet1, rang in the ear, we would not have , undertaken to put on paper an esti mate of this effort and invited judge ment upon it as a temperate,., con siderate opinion. Thirty-six hours ; afterward we do not Hesitate to 1 doso.' ." .. : ’ Looked at in whatever hght or.w chooses to regard it, this speech was e *tirely great. It was purely an in-* tectual performance, r There was no appeal to prejudice or to passion. | The speaker brought a message to the people! and he addressed it to their-intellectual faculties. His manner wa« at no time declamatory, lie never left the path of true con servatism. He indulged in no jest, emploped no sophistry, and at no moment dropped from the high key, on which he pitched his argument. Here he was tenderly persuasive; there the lightning of his rebuke , withered and blasted its object; eve rywhere he was the embodiment of tbedignity, thestateliness, the con servatism of the Senate. From first to last there was no flaw in the argument. With the care of aman who has for eighteon years moved upon a stage where been blades quickly find the joint of every ar- . mor, his every premise was a conce , ded truth and every deduction drawn. ' was the irresistibly logical sOqheiicC 4 fromthe fact stated. “There it is!" he would say as he enclenched eve ry proposition and dropped his arms by his side. And there, indeed, it . was for any man who could contro vert. His mastery of his audience was complete. For minutes at time the stillness was broken by nothing ■ ■ save the speakers voice.- A deep so lemnity was upon the people. There .v was no inclination to applaud; there was no desire for applause. ■ rt? The speech lifted men up. Itim- : pressed them with the dignity and responsibility of cisizenship. It de- ' dared unto them the law of liberty and taught them that the Ameri can birth-right must be as sacredly guarded, as was the ark of the' cov enent in the devious windings of Is rael. . : ■. The sentiment was high—this has 3 already been said. The diction was f faultless, the manner of delivery in comparable. No language could so 3 aptly describe the man and his mar velously impressive and effective utterances as that which Ben John* son employed to describe lord * Bacon: - _ % “There happened in my time one noble speaker who was full of grav ity in his speaking. His language, V Swhere he could spare or pass, by a jest, was nobly censorious. No man ever spoke more neatly, more precise- ' ly, more weightily, or suffered less ; emptiness, in wnat he uttered. No member of 'his speech but consisted of his own graces. His hearers could not cough or turn aside from him without loss. • * , * The fear of every man that heard' him was lest he sRonld make an an v end.” , /’ ‘ As the Oratory, pure and simple; ■ “no member of his speech l»ut con sisted of his graces.” The eloquence, was the stately eloquence of the Sen ate—not the thin rhetoric of the rostrum. The manner of the speak- ■:£ er was the poetry of action, and what measure his magnificent pres ence contributed to the witchery , he . flung about his audience it is diffi* ^ cult to say. Surely none who saw and heard this man on Tuesday but felt hi# heart swell with pride as he reflect- - ed'that this polished orator, this pro- i£ fon n4 Iogtc«nf«tood foytNorth tlnr olina in the highest deliberative 1 body on eartb. . - ■ The people of Iredell will be most— ■ fortunate if they evcr.lienr thisgreat. oration equated. They need not,

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