The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1849-01-13

COuStItutIOu ptOvioCS tuut iHo OOl
! gress shall have POWER to lay and col
Ilect taxes, duties, iinposts and excise
to PAY THE nEBrs and provide for TIL
common defence and general welfare o
the United States" This has found
commentator in the person Of AIsxan
deri Hamilton. In the SD number o
the Federalist, ne says: '"Wha, is /.
power but the ability or faculty ofsdo
ing thing! WHAT'S the abiIity TO do
"a thing but The power OF employing the
means necessary to its execdtion'--
What is a legislative power Of ia pow.
Or Of making lawai What are the mean,
| to execute a Legislative power but Ia wsr
Whatisis the power but laying an col.
Iectirg taxes but a legislative power
or po wer Of making laws to lay and
collect taxesi What are the proper
means Of executing such power bui
necessary and proper lawsg" After
some further remarks, he adds 81 have
applied these observations thus particu.
Iarly to the power of taxation, because
ills the immediate subject under con.
sderation, and because il is the mos,
important Of the authorities proposed to
be conferred on the Union" :" '.I ~
Are we then in this anomalous con.
dition. Is the power Of the purse, q
subject Of legislative discretion in all
other communities, and is it amere ex.
ecutive function in Ohio9 What would
be thought Of proposition in Congress
~ invest the Secretary OF the Treasury
with power TO levy duties on imports,
to pay the interest on our national
debt; or in other word. to increase or
diminish The tariff at his di.cretion?--
The boundaries of legislative power
may at times appear some what shad-
owy, yet It is believed, that they can
in general be pretty clearly discerned.
Every Senator will at once admit that,
the General Assembly could not give
judgment i'm an action. Of trespass, or
SANDER, or replevin between individu-
ais. To do 50 wouldbe to invade the
province Of the judiciary. Neither
could the Assembly righifully send its
committees TO tram the militia or exc.
cute mesne or final process. But when
tits asked whether this body could con.
stitutionally lay a tax to pay the inter
est on the state debt, no man is hardy
enough to answer in the negative. Our
constitutional authority is admittedM!
Then If we can exercise this function
10 it not because, il is Of legislative ma.
ture! Can this body perform an act
notessentialIy Of legislative character!
Can the self same act be essentially leg.
islative when performed by this assem-
bly,, and essentially ministerial when
performed BY an individual1 Can two
distinct tribunals perform the self same
action according TO the provisions Of
lhe constitution? Can there be two legis. |
atures under that instrument! Letits
own words answer. The very first
section Of the first article Of the consu
luton declares that "The legislative au.
'hority Of this State shall be vested in a
General Assembly, which shall co INSIST
If a Senate and House Of Representa-.
ives, both 10 be elected by the people,"
We repeat, that it is admitted on all
lands that the General Assembly. can
'ons,itulionally perform the same acts,
which the State Auditor has in fact
performed for number Of wears past
But the General Assembly can perform
lone but Legislative acts, therefore the
,ower in question is Of a legislative ma.
ure. And If Of a legislative nature no
',her individual or collection Of indi-1
'iduals can exercise it, for the legista.
i've authority Of, this State is granted
y the people TO their General Assem-.
ly and to no one else. II there is any
ifficulty in proving this proposition It
lee in the fact that it is 50 plain as not
0 admit Of further illustration. When
he Bishop Of Cloyns boldly denied the
ndependent existence Of matter, and
ffirmed that it had no existence except
\ tho mind which perceived It, that to
. and to be perceived, when predicat.
d dofshsmatsrial world, amounted to the
ame thing, he stumbled upon the dog
IA the most absurd and astonishing
yer presented 10 the human under.
landing, and yet the most difficult ofl