Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-03-18

I
constitution Our fathers Themselves "a ho' III az
upon the precise grounds reasons i'r tn"r
for our situation was al anomalous ana hut III "ni'
oucbut if there nothing else out TIT III
welo no record OF tier views, this very a.su.; 49,.
prove that they never contendcd for representation P
portioncd TO TAXATION even if the: had commended io
representation itself.
! But the whole base of the argument is not only IN
sound and untrue but have II" r''e"''a'e "''''"
upon us if il We're true. c, ~
/ WHY ar. the example or views oil oul ia'ii',
colonsts cited os authority to usl Is there tho ieas
analogy between their situation and ours 0i' ny t
literally no analogy Our fathers were the io.si' ~
iacts of limited monarcli-owins allegiance l"
eminent where the sovereignty was recoel'zeu i
mo not in the nation-but in parliament coiiio .,
JorbtSI en;l;br;,,,n Of kings lords and commons
arbitrary combination Of monarchy nri'loc'a ,,,,
uus.i.temocracy and acting under 'in ,, J;f.r
after ycars Of yascation and strife oel~'e' Wv
eut and conflicting clements compos,i's . ooan and
/ had assumed something OF n tahs'D''' '
odious symmetry. of i, fepdal and lmrhar
iona .oo had originally recognized no r'"'i ~ ~
t;on IN The crown The sovereign anu so'
the State had been supported BY the various . ,an
Of the crown arising from iorleite e. " a. .hron !,
-; ,aro Parliament not having been even COW ~
~ c.. ,on, consecutive wears. The sovereign h''i'
Lanr, little more than the greatest baron oil 'ne 1e'
the crowned chief set OF arbtrais-a'l"'7' "'''
dent. and self supported iendai lords
VII .xn.nsiye and foreign wars rendered ~ ~ -
e.. H. ro,yn IN appca to the nation for rebel II VIZ
a roo.rlsJ in the nature Of law, or conpals", 'u
Ian rL;ch il was the light of the crown I" a'i'"''
and ,ba ,uty Of Parliament to enact ana ieN.' '
the mere gilt Of the pcop" in form ~ III 'a,', ~
;noly this gift did not assume the form :" ''.' ~ ~,
plu,.nt hut indicated by il Language wha' !. f'''''
,naa H.. s.n.ru,. donation OF the Two granting -
,t.. ~ the realm. The commons granting i"f Tue ""
nl,,b. hons. Of lords granting !"r the arr, "''
.ach granting for their constituency i t''''''
tl.y deemed advisable Such was the ease ~ ''''' "
In. reign of Henry the eighth ..,,,
md their form assumed gradually that ." an "'' :"
Parliament but siill retaining unimPar'' ~ ,',
If gift 1t under the rights G"f'l'''i :" 'i''
constitution that our fathers claimed exemption ir"
,nx,tion Lax Parliament for they did not pr'p"-, ide
n"nlanc. and return to their right, men until long
ter blood had flowed freely i'll the war Of revolution
How then can We he guided in the formation :" OH
Government bv the example Of fathers while ,nlr
ccs Of his majesty George III. and Will" contrn'lis
for their rights n. Engllshnea under The thg'!-h con,
,ituion They were batcing or the construction "i
nonarchical constitution already forincd-w" deter
mining upon our rights preparatory t. the i"r'
nation OF democratic government. They a-A.d II y
Lawl We demand to know whether il Is tight.
trust that sufficient has been said I" si!"W thai i!-
crs of the revolutionary doctrine Of taxation and rep
rcsentution is wholly untrue and inappiicat" n 'i-r
hy our opponents and that is an attempt /" rerTrt
hallow.d r.collectors to uuhaowed ends. ct not
with,. ading the infinite iteration and rel''ra" {" ms
doctrine OF taxation without consent by ",if own '-
ponclts 1t j. but one among s"mr twenty-five distinct
charges of tyranny rs the British monarchy et OIL III Gun
declaration of independence a. causes OF our r'N" ut
have detained YOU long enough perhaps t." Ion" "a the
superiority Of personal rights and shall pas I" the
consideration of the next.
Fourth-Thut constitutional guarantees ar" . sui'
Gent safeguard 10 property. Will, am not ;ei'-
- .r,
aud guarantees and shall hold myself in READINGS, at al
tines to cast nv for any measure car' ed /" -
cure the East from the possibility If "prres.;" or Tie
unjust and ha.ty action I" the MAJORITY: that may '~
my constituents Ia grant ~ our o'r'hch T. -"
Yet hive formed some opinions upon this -u'J"ri-
opinions that are belize ed ~ be just n III" -rac; ANA
and equitable in their application and which : believed
To b. less liable to abuse, and oi l!"re c;ss ana certain
remedy than any other. II Is contcndc thai iy 'i'
true principles OF government. those "h" entertained
social compact and ENJOY lt' blessings III 'i1 security :"
their persons property (c are under obligations ~
support that society the extent oil Their Aiilv !!
they have money or property and not physical strength
e, them pay and not work fight. lfthey have physical
force-without money or properiy,i' ,h''" i"r ''
fight and not paw or pay less If they have h"h let
tLem contribute ioth-aby being the true criterion or
mnn'. services or NEUTRALITY-SUSPICIOUS. little i gwen
little should he required. This l. thought I" he =,
plainly equitable in principle that n"ne ra r"as'a'v
complain on object 1t docs not, however necessarily
follow from tlIl5 tH'it al t'"'T 80 w. i-'
ed from property Ii that property - The scil"
raj criterion Of mans ability IL pay and should a. Il
general proposition m made to bear th'. ciici cXpi-c"
OF government But this i not always the ease II Is
admitted that taxes may well be lia IN pil''Se "f
employment and incomes which indicate the r"--'ii"i!
Of tara. prots and consequent aiillt, to pay There
nav he n!ally other sub erts Of Legitimate" a%aioh
is even admitted that i'll emergencies the Ii4ht y" i'
poll tax is not only clear. ht IL uiice ard 'Np"
ency may he still more clear.
| But while All tl. is admitted, i. II nlo-i -rend"isy
commended that when property is taxed II -h"uld All
be taxed ndtaxed uniformly and according /" IT. val
ne This is une.itating asserted /" lr less iie !"
objection principle than any other ne true value
of all property its current price. That current r
!. the result Of the observations of the ronnn' ~ 10
its true Weld or Increase Property ~ j; ncr''e IN
productivcncss increase in price and ne re'et'
And consequently its price or value Is The true criterion
O. it, ability to pay, OF bear taxation
have heard It contendcd that peculiar pr"lrrt. -
which is seldom mentioned i'll Our state ra!lcd 'iaN"-
in this a. in everything else, exception Il" III" rule
That negroes who are old enough to he considered "i
value are in fact profit, hut expense II tbs were
true the same could be said al horses mulcs or other
live stock But il il not true. y slave could not ah
would not be valuable and in demand unless hc sc!d
ing profit il is against the laws OF trad. anu value
II il true he NAV not i'll infancy declare dividends o
the investment expense but he supplies the place {"
dividends 10y increase iii the capital stock SIT III
stead Of its being the fact that young negroes are an un
profitable lnNcrtMcH IL u true anu hi~H w ~ AZ
that the growing Of young negroes and the cc'n
dity of our female slaves has been the means N SOM
measure Of remuncrating Tor the loses and decay
produced by Incidence, bad management and worse
government.
But do not mean to elaborate these matters AT pres
ent as nv only object here is to prove that there Is on'
way Mt eas, by which the east he secured from I'M
lust taxation by constitutional guarantees Now u
this principle or any other, any limitation he eqn'a
able in its operations on the property holders oi al
parts of the State why will not provision in the con
stitution establishing such principle Of taxation. he
sufficient safeguard. There can bc 10 difficulty III DE-
filming such principle. 1t can he clearly and distinctly
act forth in the highest law ." Tie land II all erred t,
il would Weld all the protection which could b. den md
cd and that it would he adhered Ia ind enforced VIVA
r;cbt or reason have We to doubt
The attempt if such be supposed by the lrgi'.a
tive department. to evale or destroy the principle
would not only meet the of the public. bat ih'
direct resistance and control Of the Judiciary in the
ccu,on of their purpose Bat il is said that til" lsgi>la
tnre ia too strong fer the Judiciary. This is denied
The Judiciary, ia should be made perfectly competent
n ia own defence and command all the power anc
means necessary to defend the constitution. What Pow
or has or neod have the legislature the Judiciary
for nronouncing an act unconstitutional aud void =
none No law can he made To cocrrc the Judiciary
which will not itself lie compelled I" pass the ordeal
investigation bv that very Judiciary. The only posi-
ble noycr which s conceived the Legislature could have
- ., Judiciary would be bv holding the power %