The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1849-03-31


cised by one man, and has been so ex
ercised for many years is mere sober
historical truth. But this committee
insists that when our money monarch
prescribes, as rule Of civil conduct
to every man in the state, possessed o
property, that he shall pay three mills
on the dollar of its valuation to defray
the interests on the state debt, he Iegis
lates. We further insist that wher
the same mighty potentate, in close
conclave, with two other men, grants
to the Board of Public Works, fify
thousand dollars to repair the reservoirs
Of one Of our canals, he IegisIates. q.
We ask gentlemen in discussion, il
it would not be constilutionaIIy com
petent for the General Assembly to
perform the same acts, which are annu.
ally performed by the State Auditor;
if it would not be competent for the
General Assembly to levy tax 70 pay
the interes. on the state debt9 The
power Of this body is instantly admitted;
no heat Of debate, no ardor for victory,
no irritation arising from contention,
can induce Senator'S to deny it for a
moment. Is it not equally clear that
the legislature could add TO his evies il
thought to be insufficient? If he should
levy but two mills on the dollar for the
year arl849, could not the Assembly, by
statute, levy two mills more? If the
sum levied by that functionary should
be discovered to be insufficient to salts
fy the annual interest on the state
debts, could not the Assembly levy an
additional sum? No man is hardy
enough to answer these questions in
the negative. Then we ask iflhis body
can perform any act not essentially of
a legislative character! Can it per-
form mere executive or ministerial
function? Is the self.same act essen.
tally executive and ministerial when
performed by single po,entate, and is
II essentially legislative when perform.
ed by this Assembly. Might we moi
as well ask if The whole is equal to all
its parts; if things equal to one and The
same thing are equal to each other?-
Then if the power Of fixing the rate of
taxation, of determining how much the
citizen shall pay, is a legislative power
and can be exe:led by this Assembly,
we may be as well assured as we are
Of the truths of arithmetic or ge geometry
that it can be exerted by no one else!!!
But we have already seen that the leg
isIalive power Of this state is by the
first article Of the Peoples Constitution
granted to the General Assembly con.
,istIng of "a Senate and House of Rep.
'esentatives." We may then safely
that as certainly as there is
ruth in mathematics, the delegation of
The taxing power to the money mon.
lrch, is essentially unconstitutional.
lull and void!!! The legislature has
attempted to make this delegation, but
or want of constitutional authority its
lets are notifications. 1t has attempt
ID 10 do that which it had not the con.
titulional power to perform. The
,eople have, said in their constitution
hat this transcendant power shall be
xerted by their own elected represen.
alives in the midst Of discussion, and
Investigation and with open publicity.
The members Of Assembly have said |
hat the responsibility is disagreeabIe,
hey will, therefore, transfer the power
o single potentats to be exerted in
he dark windings of a labyrinth per.
ectly inscrutable to the popular gaze!!!
But it is contended by eloquent and |
accomplished men on the other side |
{ the chamber; for what will men no, |
rgue, when hard pressed for argument,
hat inasmuch as the various kinds OF
property, which are to support the bur.
ems OF taxation, are pointed out by,
eneral and permane ent statute, the Au.
itor in merely determining the amount
# the sums, which shall be levied on
hat property, does not perform leg.
'lative act. Its readily granted that
he taxing power consists of two func-
ions; one Of which determines what
ind of property shall pay; the other,
o W much it shall pay. For the per.
,rman nce Of the iormer function, algs1-
raj and permanent statute is very con.
enient machinery. But do we not
vail ourselves Of the same machinery
passing our, annual appropriation
ills Do we not perform a legislative
Ct when we provide, by statute for
'vylng one-fourlh Of a mill on the dol
II for the civil list? And does not the
utocrat perform q legislative act, when
? provides BY his ukase Tor levying ten
mes a. much for his own purposes?
might as well be argued 70 lawyers,
at coparceners and tenants in com
on, have no interest in land! 1t
III L. 4 n "a : 4