The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1851-07-09
SPEECH OF MIR. ARCHBOLD,
In THE CONSTITUTIONAL CONVENTION

Inc question beng upon the PROPOSE
lion Of the Committee on Public Debt and
Public Works, to vest power of taxation
and expenditure in the Auditor of State.
Mr.. ARCIlBOLD. The gentleman from
Brown Mr.. LouDoN] sees the absurdity
Of giving up the money power Of this great
people TO single autocrat, even to small
Ijunta Of three men-his honest heart-his
republican feelings revolt at such propo.
sition. Hence, the proposition to send in
the Auditors assessment to the General
Assembly for the inspection Of that body.
Let the gentlemen reflect whether his ar
rangement would not produce strife and
rivalry between two rival powers. The
autocrat would contend that the Assembly
could exercise no discretion except to reg
lister his edicts. That body would sink
into the situation Of Parliament of Paris.
and we might see Louis holding bed Of
justice, and compelling them to comply
with his wishes. Nay, it is not certain
that even Parliament Of Paris will be
able to retain this small privilege. Some
gentleman may propose that the ukase OF
the Emperor may be sent TO be registered
in some provincial Parliament, which my
Northern friends propose to set up in the
various counties. Laughter among the
friends of county Legislatures. prom
ise myself sure ally in the gentleman
from Brown-his sterling honesty-his
orthodox democracy-hs republican sem
timents will not endure this enormous pow
er in the hands of single man, or small
and secret conclave. lie has already dis
covered his aversion to such PROPOSE
tion-he will unquestionably combine with
us, and restore the peoples Representa-
tives to their rightlul functions. The gen.
,leman from Morgan proposes to vote in
the General Assembly, a power Of i'm
peaching the State Auditor and Divan, if
they make an improper use of their high
powers. What! Vest sovereign uncon-
trolable legislative power in a little junta,
and then mpeach them for mistaken use
of their sovereign discretion2 The taxing
power is the most important and transcen.
dant legislative power which can be exer-
cised in the State. The power to levy and
collect taxes, imposts and excuses, is one
Of the powers expressly granted to the
Legislature of the Union in the consttu-
ton of the United States, with the qualifi-
cation that all bills for raising revenue,
must originate in the House Of Represen-
tatives. Alexander Hamilton. in the thir-
ty-third number of the Federalist, speaks
OF this as the most important authority be.
slowed on the Union; and he contends
that it would have rested in Congress by
mere general grant Of legislative power
without express words. This proposition,
he considers, too clear for doubt or hesi-
tation, and he brings forward an array of
argument perfectly irresistible.
Alexander Hamilton had pretty strong
political stomach, and he could digest
pretty strong propositions in the way Of
besto wing powers on individuals. But
some of our Legislators of the present day
seem to have gone far beyond him. They
propose to bestow what he considers the
most important and transcendant legisla-
tive power, on a small conclave, to be ex-
erted in the dark windings of labyrinth,
perfectly inscru,iable to the popular gaze.
The gentleman from Morgan breads the
abuse of their discretion. And we'll he
may; but does he propose an adequate
remedy! Is impeachment an adequate
remedy for the abuse of legislative discre-
ton? Old Solomon, the king Of the Jews,
noted for his wisdom, said there was moth.
ing new under the sun. He never sat in
this Convention, or he would have admit.
ted that this idea of impeaching the SOW
ereign power for the abuse of Legislative
discretion, is novelty, for how will the
proof Of their corruption be ascertainedl
Their corruption must be enormous, il the
broad shield OF Legislative discretion will
not cover it Ordinary corruption like
that Of Give, or Hastings, would pass
through such an ordeal unscathed. The
gentleman talks Of sending committee
to examine into the transactions of the
State Auditor and his board. Send a COM
mittee of school boys to examine into the
misdeeds Of the school master! He and
his board will possess all actual available
kE Eowedge upon the subject, rendered ef-
(ective by continual practice-they will
|eel all the hel plessness ofignorance. Few
legislative committees will be willing to ex.
hibit their own imbeciity, by entering in.
10 such contest The authority of the
money king and his two counsellors, has
hitherto been merely legislative, it is now
proposed to engralt it into the constitution.
Does it deserve such fate? The old
constitution gives no countenance to his
authority. In that instrument the
legislative power is granted by the people
10 their two houses OF General Assembly.
Then all we have to dois to inquire wheth-
sr the power of taxation can be exercised
by the General Assembly9 If it can be
so exercised, we may rest assured it can
be constitutionally exercised by no body
else. a.l.. .i .rs....e e.-aia
Cannot the General Assembly levy tax.
that body perform the flnc.
ions which are annually performed by
,pr poonav kino-cannnt the Geperal Ae |