Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1851-05-06

There IS remark in the writings Of a
distinguished American statesman, Hugh
5. Legare Of South Carolina, now deceas-
ed, man Of rare genius and Of still Farer
acquirement--one whose premature grave
might well be mo:stened by the tears Of
the patriot and OF the scholarly hich so
beautifully expresses my views of the
true character Of those Limitations, thai
must ask The indulgence of the committee
TO read il:
The restraints which modern society
has imposed upon itself in the exercise Of
its sovereignty, are only en- acknowledg.
ment Of the fallbili.y Of man. In our
own republican Institutions this selCdenial
has always struck me as something SUBJ
lime. All absolute power if allowed to
&C. cn sudden impulses, will and must be
tyrannical, nor does il in the least signify
by shat name il is 30 called, except per-
haps that the CALLING severity Of the bond.
age is 10 proportion 10 the number Of ihe
masters. Republican governments &c VI
fomina, a government OF laws, mol OF men
tina, is The old Roman definition. and il
is the only description Of rational liberty
or indeed ofcivilized society. /, is gov
eminent OF reason, not Of passion-ofr rule,
not of wills and Of duty, not Of caprice in
short, it is limited and legal not arbitrary
power. Accordingly, all the checks which
our constitution impose upon The legisia-
tive department, all the securities BY
which they guard the liberiys,he lives
and the property of the people, in the
making or the administration of the law,
are designed TO proven, hasty conclusions
and the prejudging of important questions.
In the true spirit of christian humility, the
most sublime of all virtues, The people
have taken care that they shall not be led
into temptation by thai omnipoience which
God alone may not abuse, and reserving
10 themselves ultimately an absolute con-
troll over their own destinies, have practi.
caly restrained the exercise of their SOW
ereignty, by Withholding from their agents
some OF its highest attributes. ~ vol.
p. 4l6.
II is this system of constitutional COM
paet-this system Of limitations upon the
powers and discretion of those who hold
the trust of government. which has i'm
parted so much harmony and success TO
our popular Institutions. II is that, in con.
neclon with the character Of our people,
which reconciles the widest latitude of
democratic rule, with the perfect security
of every interest in society. Whatever
government may net properly and legili-
mately touch, is under this system wholly
Withdrawn from its action. Whatever il
should only touch in a restricted form. is
submitted to its control under conditions
rigidly prescribed and enforced. What
ever is submitted to the mere discretion
OF government is the common interest of
every man in society, and that communi.
ty of interest, becomes the most eAectual
safe guard against its abuse. This is my
theory OF the proper constitutions of every
republic. IL there be interests in the
state, liable from any cause to oppression,
throw the shield of your organic law
around them and withhold from your gov.
eminent all power to touch them at all, or
ifdeemed more expedien,. TO subject them
to its partial action, withhold from it the
power of acting upon them except in such
mode and under such limitations as will
secure them from oppression. But what.
ever you shall determine TO confde 10 the
general discretion of your government,
confide it to government emanating from
your whole people, con6de it to govern.
ment organized throughout your entire
state, upon principles Of the most perfec,
equality and justice. Avoid all dis,nc-
tlons in republican government, between
individuals or masses Of individuals as
certain and pregnant sources of discord,
turbulence, faction and revolution. The
right of one should be the right Of ell. re.
gardless of his own wealth or that of his
neighbors, unaffected by the locality of
his residence in the republic, whether
North or South, East or West.
Now, one of the evils which is sppre-
hended by the east, if the suffrage basis
should succeed, grows out OF the taxing
power--a power that must necessarily be
confded 10 every government 1t is said
that slaves are very easy and convenient
subjec, Of taxation-that they exist TO a
much larger extent in the east than in the
west; and il might wei, occur 10 selecting
the subjects OF taxation that an undue
burden might be thrown upon that de-
scriptlon OF property.
Suppose there existed any foundation
for this alarm, can there be any difficulty
in removing every possible ground of APP
prehension None whatever. II is ac-
conplished by provision in the constl-
tuition. declaring that taxation shall be
equal and uniform throughout the State,
and that no one species OF property shall
be taxed higher than another species of
property OF equal value, on which taxes
shall be levied. n
am an advocate for this, as the only
just, far and proper principle Of taxation,
without the slightest regard 10 the basis Of
representation although it is source OF
qualification TO me, that in establishing
this sound principle OF finance, we are re-
moving the weish,iest objection which the
east has urged to the adoption OF the suf.
irage basis.
That eminent, and distinguished Ameri
can statesman whom | quoted few mo-
ments since. whilst commenting on the
work now before me, upon the fact, that
in all the ancient Iepubllcs, there was the
total absence Of any thing IN the form of
checks or Limitations upon those who ex-
efcised the powers Of government makes
this inquiry How could we consent TO
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