Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1819-12-18
FOR THE SPECTATOR.
Mr.. PRINTER,


The injustice of the road law is
too glazing to be denied even by its au-
thors. Its unconstitutionality is also
generally acknowledged. learn, how
ever, that there are a few, who, while
they are constrained to admit that it is
unjust and oppressive, still contend that
it is not contrary to the constitution
A few words, trust, will be suhic lent to
convince every candid mind that this law
is not less inconsistent with the constitu-
ton than it is subversiye Of every princi-
pie of justice.
The Goth section of the 9Th article of
the constitution expressly declares" That
the mode of levying tax shall be by
valuation, so that every person shall pay
tax in proportion TO the property he or
she has in his or her possession"
The plain and obvious meaning of this
section, is, that all public burthens shall.
be borne by each individual in proper
ton to his property. But the road law
lays tax equally upon all males be-
tween the ages of eighteen and fifty"
without any reference to their property.
1t has been said that the requisition OF
labof authorized by the load law, is not
tax, because it is not levied as such.
know that it is not levied as taxes are
required by the constitution to be levied;
but this does not prove that it is not a tax.
Does the tax on lands cease to be tax,
because it is levied in an unconstitutional
manner? Surely not. The word tag
implies any requisition of private pro-
perty for public use without an equiva-
lent being given for it. To constitute
tax, it is not necessary that it should be
paid in money; for in other states, where
the road tax is levied according to pro-
perry, in the manner required BY the
constitution Of this state, the persons
taxed have the privilege of paying the
tax either in labor or in money. HVhe-
ther the article of private property re-
quired for the use of the public, be
money, bank paper, labor, or any thing
else, the requisition Of it is still tag,
both in the li.eral and common accepta-
ton of the term. Establish a contrary
doctrine, and you enable the legislature
to evade entirely the most salutary pro-
vision i'll the constitution, and to throw
the heaviest burthens upon the poor. If
they can constitutionaily collect FIVE
dollars from the INDECENT bat Industrious
mechanic or farmer, to be applied to the
making of roads, while his affiuent neigh
Dor is exempted from paying a cent,
merely because hehas spent" fifty'' years
in boarding up gold or in monopolizing
lands--i say, if they can do this conStitu-
tionaliy-if they can levy road tar in
this unequal, oppressive, and arbitrary
manner; can see nothing to prevent
them from ievying all other taxes in the
same way. They can, with equal pro-
priety, pass law requiring every me-
chanic, and every farmer who does not
own more than one or two quarter sec
tons of land, to labor FIVE days annually
upon the public buildings at Vandalia,
or upon the lands of the governor, the
Judges of the supreme court, and the
members Of the general assembly; an6
inhictng upon every such mechanic or
farmer penalty of one dollar for each
day he shall neglect to perform the labor
required. By such management, the state
would receive five dollars, in cash, from
each person whom the legislature might
choose to render liable to perform the
labor. Though the beggar would be
required to pay an equal sum with the
nabob, and though the money thus raised
might be sufficient to defray the whole
expenses of the government, yet it might
be said in that case, as it has been said in
this" 1t is not levied as a tar, but as
fine"