The Conservative ,
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rO
O A TARIFF DREAM.
| BY RALPH IIOYT.
" - For several consecutive weeks I had
* been reading and hearing so much about
. v. tariffs and free-trade on account of the
Porto Rico question , that after retiring
* " and falling asleep one night recently , I
dreamed of the tariff , and in a rather
unique way.
I seemed to be seated in a large court-
V * room where a criminal trial was in pro-
- gress. I had entered the room late and had
I missed hearing the evidence in the case ,
and also the arguments of the eminent
attorneys. But I was there in time to
hear the judge's charge to the jury and
the verdict that followed. It was ap
parent from the large number of intelli
gent spectators present , and the intense
interest with which they listened to the
U proceedings , that the case was one of
t extraordinary importance. In answer
< to my whispered question a bailiff said
it was the great case of "The People
versus The Tariff. "
Soon the venerable , dignified judge
arose , and with manuscript in hand pro
ceeded to read , in a clear , calm voice ,
his instructions to the jury , while every
person in the crowded room listened al
most breathlessly. Having a note-book
and pencil in my room I wrote down in
short-hand , soon after awakening , every
word that fell from his honor's lips , and
have since transcribed them for publi
cation. They are as follows :
"The charge of robbery against this
defendant , The Tariff , is a serious one ,
and you , the jury , having listened at
tentively to the evidence and also to the
arguments of learned counsel on each
side must soon take the case under ad
visement , and eventually render such a
verdict as you may bo able to agree
upon. You mxist decide whether the
accused is guilty or innocent of robbing
the people of vast sums of money , ag
gregating many millions , by a process
of holding up his victims under the
forms of law. And so , on behalf of the
people I give you these instructions.
"If the jury believe that The Tariff is
a tax , that it is an unnecessary tax , that
unnecessary taxation is unjust taxation ,
and that unjust taxation is robbery
that belief will point significantly to
ward the duty of conviction. If the
jury further believe that no moral law
yet discovered justifies a civil govern
ment in imposing burdens on one class
of citizens to benefit another class , that
also should bear strongly against the de
fendant provided the jury have no
doubt that a protective tariff does thus
discriminate in favor of one class and
against another.
"On the part of the defendant the
court gives you these instructions : If
the jury believe from the evidence that
a tariff is not a tax on the people , or that
if it is a tax the foreigner pays it , any
how , BO that the American people are
never hurt or hit by it ; and .that it is
jxist , wise , noble , and praiseworthy for
a great nation like the United States to
compel other uations to pay our tariff
tax for the privilege of trading with us ;
tlitit a tax is sometimes not a tax ; that
a spade , though generally a spade , may ,
under certain conditions , be something
else as for example , a pitch-fork or a
rat-trap if the jury believe these things
you should give the accused the benefit
of such belief , even though at the risk
of exposing yourselves to the charge of
imbecility.
"If the jury further believe , as urged
by counsel for the defense , that a pro
tective tariff is the will of God en
acted into civil law , you should unhesi
tatingly acquit the accused , and the
court will thereupon issue bench-war
rants for the arrest of all persons en
gaged in this prosecution , on a charge of
entering into a conspiracy to defeat a
decree of the Almighty.
"If the jury believe that tariff laws
make high wages ; that protected in
dustries , as a rule , give their employees
the benefit of every advance in the sell
ing prices of products consequent upon
increased import duties ; that tariff
duties simultaneously make the same
goods dearer for the seller and cheaper
for the buyer ; that men who can safely
be trusted to trade with each other at
pleasure and without legal restraint
within the boundaries of the United
States , cannot be safely trusted to ex
change prodiiots across an international
line then the jury shoiald acquit.
' 'And if the jury further believe that
intelligent people who carry on inter
state commerce successfully , become im
beciles and need the intervention of a
paternal government the moment they
begin to engage in international com
merce , the jury should find a verdict
for the defendant. *
' 'If the jury believe that the trnding
instinct in man is a wicked aud danger
ous instinct , that ought to be muzzled
by legislation ; that custom houses are
schools of morality rather than temples
of perjury ; that advocates of tariff ma
chinery never smuggle or think of
smuggling any foreign-bought goods
into this coxuitry when returning from
other lauds ; if you believe these things ,
then the tariff shoxild be acquitted.
"If you believe that , though freedom
is natural and right , aud trade is natural
and right , if these two factors in civili
zation wore permitted to come together
so as to actually constitute free trade ,
the result would be disastrous to .the
business interests of the ooitntry if you
believe these things , you should unhesi
tatingly acquit the accused.
"On behalf of the people , I give you
these further instructions : The jury
should not be misled by the fact that
this country has made rapid growth and
has advanced in the accumulation of
wealth during the existence of the
tariff ; but you should carefully consider
whether our national prosperity ( which
is an extremely one-sided kind of pros
perity ) has not increased in spite of the
tariff. You should consider whether ,
after all , industry is aided by being
robbed , even though the robbery is per
petrated under the forms of law , and
bears the soft , sweet name protection.
"If the jury believe that the trading
instinct in man is as natural when ap
plied to international commerce as when
exercised between states , counties and
communities ; it you believe every in
fraction of the natural law of trade by
legislation tends to burden industry , in
crease poverty , and ( make a mockery of
justice ; and that the defendant in this
case is , beyond a reasonable doubt ,
guilty of instigating , aiding , abetting ,
or in any manner encouraging suoli a
scheme you should convict. You should
also give duo weight to the question
whether the tariff was obliged to rob
the people , on the ground that there
was no other known process by which
necessary public revenue could be
raised.
"In deliberating on the question of
guilt the jury must not inquire into the
political faith of the accused.nor that of
his ancestors. Robbery is no less than
robbery , no matter by whom or what
it is committed or how it is disguised.
"The jury are finally instructed that
if you acquit the defendant you will
simply say in your verdict : 'Not
guilty. ' If you convict , you should
say : 'G\iilty , in manner and form as
charged in the indictment , ' and you will
fix the punishment of the accused ,
which must include a restoration of the
billions of dollars ho is alleged to have
obtained by robbery , and also confine
ment at hard labor in a penitentiary for
a period of not less than nine thousand
years.
"The court takes this occasion to also
express the hope that , whatever may be
the result of this trial , the American
people will ore long discover that na
tional prosperity , in its broadest mean
ing , can never bo reached through the
rough and thorny road of crooked taxa
tion. Also that they will adopt a sys
tem of raising public revenue which
shall encourage instead of hamper
industry , remove all artificial restric
tions from commerce , and recognize the
inalienable right of every man to all
that his own efforts honestly produce. "
At the close of the judge's instruc
tions , the jury retired and were quickly
locked in their room to deliberate.
The multitude of citizens in attendance
felt so anxious as to the result that
scarcely anybody left the room , as a
speedy verdict was anticipated. After
a lapse of only ten minutes the jury ,
headed by a bailiff , filed into the court
room and the foreman announced that
they had agreed upon a vertict.
The clerk then read the writing
hauled him by the foreman , as follows :