Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-01-24

that each man shall pay bis fair proportion toward
the general amount, and this is principle which,
as soon as mentioned, challenges the assent of eve
ry mind; and yet; all ask is, that the Committee
will apply this obvious principle TO the present
demand. need not detain the Committee with
those provisions of the Constitution and the laws
which ensure the observance of this principle
both among he different States and among the
the Constitution this subject directs that taxa
ton shall be proPortioned according to the census
and that no direct tax shall be levied by the Gov
ernmeIt unless in the same ratio
We further find q declaration that the itnposts
duties, and excises, shall be uniform throughout
the United States; that no export duty sall be COL
iected, and that no preference shall be given to
one port oil the United States over another. These
PROVISIONS taken collectively, enforce the utmost
equality on the subject of contributing to the pub
lie burdens among the different States of the u
mon. In reference TO the people of the same
state, taxes on consumption are said TO act upon
the voiition OF those who pay them, and the pre-
sumption Is, that, in general, their PAYMENT will
bear proportion TO the ability of those who paw;
and, as direct taxes, the laws provide every pre-
caution TO render them equal as possible.
say, then, that, III the ordinary operation of
Government, when il draws TO itself the wealth of
the People by taxation, the principle with which !
set out Is open and palpabe and no mind hesitates
to assent TO it. But the difficulty in the present
case arises, because that isunder peculiar cir
cnmstanccs
another power, which, for the sake of distinction
will call an extraordinary one Ii arises from
the trsnscendcntal power of the Government or
what has been denominatcd by writers, the cnni-
nent domain. This they define to be power in
tue government Of country, to appropriate the
wealth OF that country in cases OF necessity and
with view TO the public safety. This definition
shows at once the origin of the power and its
proper limitation. IL must have its source in ne
cessy, and for the object of its exercise the public
safety. The power, therefore, il co-extensive
with the necessity which gave il birth, and
reaches no farther. When that conjunction of
circumstances Which produced the necessity has
passed away, this right which grew out of il falls
with it. An attention TO the character of this pow
or, Will, think, quiet the apprchensions which
nave been expressed by some gentlemen during
The present debate: but, in saying this, DO mean
IN me least to admit TINT Congress may regulate
me right and title to slave property? No than
mean TO admit that they may regulate the right
to the soil of the several States
10 illustrate my meaning, will take the Iber.
ty OF presenting few examples Suppose that
you had an army which was suffering for the want
OF food, and that, owing to accidental position
oil the ordinary commissariat, Tor by whatever
other name the subsistence department of an army
Is distinguishcd,) provisions not to be had may
not the commanding officer, under this pressure Of
immediate nccessiyy take, wherever he can find IT.
SO much food as is absolutely requisites Or, sup
pose your troops, when in some important position
should be destitute of ammunition-the army wants
powder and lead-may not the commander take il
IL supply Is within his reach Or, suppose a.
gain, that your army il in state of difficulty and
embarrassment, in regard To the saving of its BAG
gage, and the bringing OFF of the wounded and
mat ior these purposes, necessity calls for the use
OF cart, or wagon, the horses which draw it, and
the slave who was their driver--(for, | presume
the wagon would be of little use without the dri-
ver.) Under these circumstances, the act is done:
uie cart horses, and driver, are impressed for the
public use-none can believe that the title IN any
10 tod how 81
dlspensable necessity of the occasion So ir il
become necessary 10 occupy building or domiciI
as deposite for military stc:cs, the effect of even
mat would be but temporary No title to that
donicll would be at all affected. No more would
the title TO slave. There il none who will say
mat this temporary use of any of these things
transfers to the Government any farther pow or over
them. Now, when this power is thus exercised
what IS the language of justice? II is that com
pensation be made TO the owner. The case has
been APPLY compared to that where merchandise i;
thrown overheard for the safety of vessel In
the fifth amendment of the Constitution this prin-
cipie Is acted on, and the power thus TO take pr-
vate property for the public use, is virtually af-
hrmed, by denying its existence under some par
hcular circumstances. What are those circi1m-
Stances They expressed by the words ewith-
out just compensation" To ascertain tile mean
ing, we need not go beyond the terms Com
pensauon, in my apprehension, means an equiv .
llent, aud The term Just signifies (among other
things) that it be full and complete 'iust com
is, therefore, to be understood as a full
and complete equivalent for the loss or injury sus-
tanned. l ask, if this were declared as between
TWO individuals, one of whom had caused loss to
the other, and the proposition was to determine
what should be "just compensation" whether
mere - a court or jury earth that would stop
short Of measuring the compensation by the meas
ure OF the loss Can it be contended that some
pairy allowance for the use Of the cart and driver
is sufficient TO satisfy this principle? In answer
let me put case Suppose this slave had been
and, before he had been one day in the
service, he was wounded, and the wound was such |
as might disquaiy him for subsequent labor, or |
even destroy him altogether, and his master should
then be allowed 80 or 100 cents for his DAYS la
por-how would the question stand? I need only |
appeal TO the cupable principle Of ordinary Justice
ne claimant, through the tax-laying power of |
the Government, has already contributed his share
to the public burdens. IL you, after this, take his
save, worth, will suppose, $500, and that slave |
Is Killed or disabled, and you make him no COM
Pensatlon for the value of that slave will he not
present singular spectacle in society He has |
paid his share, with others, of the common contri-
buuon to Government, and, at the same time un- |
DER an extraordinary exercise Of the power of that
Government, he has paid, over and above this, 10 !
Tue iull amount OF the value of his slave if killed
or part OF his value if partially disabled. | will
put TO the. Committee this proposition when it is |
your purpose TO make just compensation do YOU |
mol mean that the compensation shall be equal TO
lhe loss sustained And if you do not do this
does not the individual lose 10 the amount of all the
excess Of what lac has contributed beyond his share
TO the public burdens of the country And if YOU
10 mean TO compensate him, must you not indire
INTO The actual amount of his loss! This principle
II once admitted, leads to the conclusion that the
proposed amendment TO this bill ought to be adop-
ted. The whole argument may be reduced 10 one
or two syllogisrns. The Constitution says that
private property shall not be taken for public USE
without Just compensatiOn-but private property