American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1845-03-21
For the American Republican. |

To the Hon. Jacob G.. Davies:
n SIR,-Excuse me if avail myself of your
Ipostion, and through your name call the atten-
ton of the public to matter of deep interest
10 the friends of constitutional liberty Be-
tlseying, as | most sincerely do, that the Gener-
Zal Assembly of Mary land, at their late session,
Fhsve, III several instances, assumed power in
Rpalpahe violation of the constitution, it be-
comes an important question for every citizen
10 determine, what duty demands at his hands.
IN act of the public agents, transcending the
sauthority Of the constitution, it is agreed on
all hands, Is absolutely void; and in my view 1t
( Is as much the duty of good citizen, TO resist
4 oppression, and set at defiance the execution of
q void statute, as il is to submit to the author-
ty of acknow lodged law. A "Siamp .4ct" was
{ imposed upon our fathers by the British Gov
ornment, in violation oftheir rights as freernen,
and with manly Indignation they interposed
resistance in the face OF the civilized world,
Z which shook the British throne and compelled
is immediate repeal. 1t was not the amount
Of the tax thus attempted to be extorted from
the American Colonists but it was the iniquit-
I Gus principle involved in the measure which
stirred their blood and melted their resistance.
fhe "Stamp Act'' of Maryland is measure
not less odious, and not less aggressive than the
Stamp Act of England; and as believe it to
the duty of every friend of liberty, in peace
able and constitutional manner, to resist its ex-
y ecution in every form. That man is not wor-
thy place among honorable and Independent
citizens, who will tamelv submit to an mposi
ton, though done under the forms of law. The
politicians OF community are one thing, and
the people OF that community are quite another
/ thing; and when efforts are made TO protect one
class of men at the expense of another, and in
doiag it to annoy the business of men, it is
| time for the people to speak. That time has
L now come; and as one of the people, speak
I no: as Wing or Democrat, but as man.
lGslst that this odious stamp act is void.
The Consultation of Maryland declares, what
IN this country is political axiom "7hat all
government Of right originates from the people, is
founded in compact only and Instituted solely for
u he good Of the ,ghole." The government, which
rs the mere agency of the people, and instituted
l By themselves for the good of the Whole, can
never be used for the oppression of a part and
every act having that tendency, is necessarily
void. THIS constitution further Provides "That
the evying tares by the poll is griepous and oppres-
sius and ought to be abolished; that pauperS ought
rot to be assessed for the support Of Government
tu, epcry other person Ia the State ought to conri-
taie his proportion of public tares for the support
Of Government, according TO his actual north IN
real estate and personal property within the State
Yet fines, daficS and tareS may property and just
IL be imposed or laid WITH A POLITICAL VIEW for
| tie good Government and benefit Of the commit
I nifty"
v The plain import of this provision, viewed in
the light Of common sense, u.s. that public taxes,
/ laid expressly with view to revenue for the
support of the Government, shall be laid upon
every person in the State equally, according to
/ what he is actually worth; but as an exception
10 this clear and universal rule, it is provided
that "hncs, duties or taxes" may be imposed
with a political vie,c" to the attainment of
some special object under the authority of the
/ Government, beneficial to the community
Two distinct classes of powers are clearly con-
templated by this article;-the imposition of
"pubic taxes for the support of Government"
and the imposition of "hnes duties and taxes
with political view" to some special beneficial
purpose other than revenue fol- the support
I of the Government. "Public taxes" is term
used in this connection with distinct definite
meaning; and "fnes, duties or taxes imposed
with political view" is a term used in entire
ly different connection, and with wholly a
different meaning. The one is tax, laid for
| the single and only purpose of collecting reve-
nue., and the other is fine, duty or tax, laid
NTH political piep of accomplishing some 9TH
er object as its chief purpose, with the receipt OF
funds as its incident For instance: A tax OF
fifty cents on the hundred dollars OF all the
property in the State, would be public tar
within the meaning of the constitution, and an
act prohibiting theatrical exhibitions, billiard
tables, or liquor taverns, unless the person en-
gaging in the business shall take out license,
and pay to the State specific sum of money,
would be "fine, duty or tax with political
y view of regulating and restraining the prac-
ticcs for the public good.
/ In the first instance the chief object would
he, revenue; but in the other instance the chic
object would be to provide for the good govern
neut and benefit of the community, and the
money received for the licenses would be only
incidental to the chief object. Now, no law
yer OF the slightest pretension to candor, vii
deny, that an assessment OF the property invest
cd as the mercantile capital OF the State, ane
the imposition upon that property alone OF
tax of two hundred thousand dollars, would bt
unconstitutional and void for the plainest o
reasons: that, being public tax, 1t is not I'M
posed, as the constitution says it shall be, upoI
all the people according to what they are worth
Nor will any lawyer deny, that an assessment
of the land of the State, and the imposition
upon that property alone of the same tax, woal'
be void for the same reason. An act to tax tn
property of the farmers, without taxing tn
H merchants, and an act to tax the property O
/ the merchants without including the farmers
4 would clearly both be in direct violation of tn
very letter of the constitution, and would there
G,re be void Now will it be seriously claimed
that what cannot be done directly, can by