Democratic banner., 1851-01-13
"UNIrED VIZ SrAxD-DIv1prD We FALL"

altered, that the revenue to be received in-
10 the treasury for the next two years, will
not fall short Of $650,00O. This, together
with the amount now in the treasury, will
be sum sufficient to dsfray the ordinary
expenses of the government; to meet, any
probable appropriations made by the Leg
islsture; to pay the interest on the State
debt as it becomes due, and toPay the Sttte
bonds, constituting the State debt, ss they
become due.
The Legislature, however. may deem It
10 duty to alter the manner of obtaining rev.
enue, SO far ss to change the objects oftsxa-
tion. A portion Of the revenue something
less than one-third Of it, is now collected
under the license system. The right ofthe
State thus to. levy tax, has, for the first
time, been called in question as being in
violation of the constitution. The matter
is now pending before the Supreme Court,
and it is to be regretted that the question
could not have been settled before the sit
ting of the Legislature. The decision Of
this court, even though it may deny to the
State the right to exercise this, the highest
act of sovereig nty, will be final, and its
mandate are to be nb-yed until reversed.
The Legislature, however, cannot under
take to shape its legislation in anticipation
of this decision; neither is it my purpose TO
enter into an elaborate argument to show
what that decision ought to be, and upon
that hypothesis to recommend any Iegisls-
tion as to the objects Of taxation, nor to call
in question any anticipated decision of the
court, even though it should go to the ex-
tent-slready indicated-of declaring that
the Legislature has not the constitutional
power to levy any tax, by way Of granting
a license or special privilege to any person
to exercise any business or calling what
ever. The State, in exercise Of one Of its
highest prerogatives, can tax any and every
thing not prohibited to it by the constitu.
ton Of the United States, the compact Of
this State with the general government, or
the constitution of Missouri. The only
limitation upon this power by the constitu-
ton of this state is, that ell property sub
iect 10 atax, shall be taxed in proportion
to its value. This does not prohibit the
Legislature from saying what property shall
be subject to taxation. 1t may designate
wha. species of property shall be subj ct to
taxation, and all property not thus designat-
ed will be exempt.
This clause in the constitution. therefore,
only operates as a limitation upon the pow.
er Of the legislature, to the extent that when
property is by law made subject to taxation,
il is to be taxed according to i,s value and
the legislature may righttully resort to any
other means Of raising revenue, which does
not come in conflict with the other restraints
upon legislative power, to which | have re-
ferred.
Ilesve it for the legislature to determine
as to the oppressive character Of the law
as it now stands. My convictions lead me
to the opinion, if it should be determined
to let the law remain, and sbide the deci-
sion of the court, that il should be greatly
modified. The striking injustice and op'
pressive character of the law, will be made
apparent when yon examine the table Of
license prepared BY the Auditor, which
shows its operation.
On the LIST October, l84s, there was q
balance in the Treasury Of three per cent.
fund of $l5 40; since then, and up to the lst
October, 1850, there has been received in
to the Treasury Sfl6,l40 all of which has
been apportioned among the counties &C.
cording to law.
There have been paid into the Treasury
since the lst DAY of October, 1850, of the
I"Internsl Improvement fund" $l39. .s0I So;
Of this amount, $l2O, ,46l 56 have been paid
from the Savannah Land Office; the balance
from the other three Offices. There re-
mains of that amount, not yet a?portioned,
and distributed among the counties, $24,-
154.
By q provision in the charter Of the Bank, it
is bound when required, tosct as the fiscal agent
of the State, without charge for the same. It
has been thus employed in paying interest, as it
fell due, upon most Of the State bonds. The
State has had her revenues deposited in the
Bank, in amounts sufficient to meet these de-
lmands. No claim has at any time been present.
ed at the Treasury Department, by the Bank, for
money thus advanced; if il had, the amount
would have been sudited, and paid by check On
the Bank, payable out Of the funds Of the Ssate.
feel il my duty to bring before the Legisl.-
tufe the subject Of Reorganization Of the Bank
Of the State Of Missouri, and to recommend such
measures as will entirely disconnect the State
from it. In taking this step, II is not with view
i.R q e.,.tk Snnaa