The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1848-12-23

lance 10 tne 0blectiOnS Arising from tnc
sinister and invidious use which is now
proposed to be made Of it as the rival,
the antagonist, and the SUBSTITUTE Of the
peoples representatives in the two
Houses. 1t is bad enough TO submit to
it as financial measure, but when we
see it about 10 be employed as an in.
strument of infinite mischief, we must
he the most AFFECT Of slaves we must
be infinitely more spirilless than Spar.
tan Helots, if we do not rise in instant
rebellion. Then let US give This sublec
a careful and scrutanizing examina.
tion. We take the position that the
levying of taxes is one Of the highest
acts Of sovereignty, is essentially Of a
legislative nature, and cannot be grant
ed away from the peoples representa-,
lives 10 single individual. Let US see
what shape il assumes IN the Consti,
tuition Of The United States. The 9th
section of The first article provides that
1.-THE Congress shall have power TO lay
and collect taLes, duties, imposts and
excises; to provide for the common de-
fence and general welfare OF the United
States" Thus much for the general
grant of power. But when the Con-
vention came TO distribute tina, power
amongst the different branches of the
new government, with a welI.iounded
jealousy that the representatives Of the
states, in the Senate assembled, nigh,
be too lavish in their grants, too liberal,
too prodigal of the peoples money,
they deprived them Of the power TO
take any iniliaiory steps 10 lay bur.
dens on the people, and bestowed that
delicate and important function on the
popular branch Of Congress. "All bills
for raising revenue shall originate in
the House Of Representatives" This
text has found IL commentator in the
person OF Alexander Hamilton, who
will surely be deemed good authority
by the gentlemen on the right side. On
page l43 of The Federalst he says:
"What is power brtabiity or faculty
of doing thing? What is the ability to
do Il thing but the power Of employing
the means necessary TO its execution?
What is Legislative power bu, pow
er Of making laws' What are the
means to execute legislative power
but laws? What is the power Of laying
and collecting taxes but a legislative
power, or a power of making laws to
lay and coIec. taxes? What are the
proper means OF executing such pow
er, but necessary and proper lawsW
Lower down on the same page, after
some other observations, he terms the
poUer Of taration, "lhe mos, importan,
OF the authorities proposed to be con.
lerred on The union." Suppose Con-
gress should borrow fifty or sixty mil
lions Of dollars Tor some national pur-
pose. What would be though. Of tine
sanity OF member who would seri.
ousIy propose to lnves, the Secretary
OF the Treasury with authority to com.
pu,e the amount necessary to be raised
to meet the interest, and send round
his ukase 10 the different collectors, d.
recting them to levy the amount on all
the imports and other property OF the
United States? Would no, the honora.
BILE gentleman be thought worthy of IA
slraigh, jacket? Yet how would such
an authority, bestowed upon the Sec
retary of the Treasury, differ from thai
supposed to be bestowed on The Stale
Audilorl Is not the taxing power of
the state substantially like that OF the
union? Is not the power OF the Assem-.
bly, upon the subjects within its jurs.
dic,ion as complete as that of ofCongress?
Can there be doubt on this point?
Every Senator will at once admit that
The General Assembly could not give
judgment between individuals in an ac.
ton of ejeclment, or rep'evin, or tres
pass, or SANDER. To do so would be
to invade the province Of the Judges,
and would be gong entire'y out OF our
sphere. But suppose we undertake 10
do what the State Auditor has done by
suherance for many years past? Sup.
pose we pass statute levying six mills
IN the dollar ior the purpose of paying
the interest on our state debt? Will
my man pretend that such an enact,
ment exceeds our constitutional pow.
ers? Can any gentleman on The other
side muster courage enough to declare
US incompetent 10 the performance of
such duty? Let gentlemen beware
now they answer; for il i. is admitted
hat the General Assembly can perform
his function, then no other tribunal
;an. lfthe power can be exercised by
he General Assembly, it is because it is
, legislative power; and ia legislative,
I can be exercised by mono but The
General Assembly. For the very first
article o: the constitution declares that