Southern standard. [volume] (Columbus, Miss.) 1851-1856, 1853-02-19

redemption of any loan or debt unless such law be
proposed in the Senate and House Of Representa-
tives, and be agreed TO hy majority of each
House, and entered upon their journals with the
yeas and nays taken thereon and be referred to the
next succeeding Legislature, &c"
1t was said in argument, that the subscription
for stock imposed debt upon the people of the
county; that in this manner all the counties in the
State might become involved in debt and conse-
quently the people of the entire State. That by
this evasion of the letter of the constitution, it
violated in substance and spirit, and the very evil
would be brought about, from which it was inten-
ded to shield the State.
This clause of the constitution has application
to debt, contracted by the State, where the law
which authorizes a contract appropriatcs the money
to discharge the liability Nor could it be intend
ed to have any bearing upon debt like the pres
ent one, where the same act which authorized the
subscription for stock directed tax to raise money,
to be appropriated by the county to meet the install
mcnts.
The constitution prohibits the Legislature from
raising loan of money, by the usual mode of leg
slation, the credit of the State, and from pledg
ing the faith of the State for the payment redemp
ton of any loan or debt The objection will be
fully answered by looking to the object of the prohi
btion. The object to prevent the Legislature
from involving the State in debt without due DELHI
Grafton by the Legislature, and by the people, who
would at some future period, be called upon for
the means of payment. The debts which the con-
stitutiOn provided against, such would be
created by borrowing money, to supply present or
future wants of the State or corporatons;or such
might be created by pledging the faith of the State
for the payment or redemption of a loan or debt,
incurred, not by the State, but by banking and 9TH
or corporations.
1t is obvious from the proviso in favor of the
Planters Bank included in the same clause of the
constitution, that such the objects contempla-
ted by the trainers of the constitution.
The Legislature of this State could authorize
subscription for stock in this company, OF behalf
of the State, and appropriate the money to meet
the calls of the directory without violating this
clause of the constitution.
.. The decision of this case in my opinion, de-
ponds upon the question whether the constitution
prohibits the legislature from the enactment of law
to authorize the Board of Police, to raise money by
taxation, to be appropriated by the Board in the
construction of the Railroad through the limits of
the county
The power of legislation is confded by the con-
sttuton Of this State to the legislative department.
Legislation is of that great and underlined body of
powers or sovereignty, retained by the people, and
exercised by them through their representatives.
The constitution therefore, by this general distribu
ton of power, confers upon the legislature the right
of taxation; but does not contain any prohibition
upon the exercise of thispower, except that bills
for revenue shall originate in the House of Rep
rcsentatives. On this subject the power of the leg
slaturei is unlimited and unqualified as the power
of the people, to whom the representatives are re-
sponsble for just and equitable performance of
duty. Their integrity, discretion and responsible
ity to their constituents are the only safeguards a.
gainst unjust and onerous taxation.
These principles have their foundation in the
object and nature of our State constitution, which
was not framed for government of delegated pow
crs, but government of prohibited powers 1t
has all the power, the use of which, does not con-
fct with the constitution of the United States. or
which is not prohibited by the constitution of the
State The legislature therefore, when in session
in all matters not thus restrained, properly be-
longing to other departments of the government is
the depository of the sovereignty of the people land
authorized to transact for them all business which
the people could transact if assembled in person.
Taxation is a legislative power, and the judicial
department of the government, has no more right
to restrain control the discretion of the legsla
ture, in matter clearly of taxation, than the leg
slaure to limit the jurisdiction conferred by the con
stitution on the judicial department..
Chief Justice Marshall, in the Providence Bank
vs. Billings 4th Peters, 514, in speaking of the pow
: er of taxation uses the following language "How
r ever absolute the right of an individual may be- i
r bear portion of the public burthens. This vita
k power may be abused but the interest, wisdom
and justice of the representative body and its rea
ton with its constituents furnish the only sccurit,
e against unjust and excessive taxation, as we'll
is against unwise legislation"
rs Sound principles, the usage of the government il
y Mississippi from its organization and the decision
G. of the highest courts in different States of til
/, Union, confirm the exercise of legislative dscre
At ton, to discriminate in taxation, that the bur
rs hens imposed, and the benefits to be derived shall
N be as equally apportioncd as possible In the ex
ercise of its discretion, the legislature for local oh
ut ects, may tax the property and persons of coun
to ty, the property and persons within the vicn
ty of the object to which the money raised by tn
&c tax, is appropriated or it may delegate the RICH
x. of assessment to countless cities and towns Thu
ne counties authorized by the legislature to lev
b. taxes for building court houses, als &C., and fo
K the support of common schools; cities and town
I'd are empowered to make assessments either upo
n the whole community for halls, market houses, &C.
or upon the adjoining lots in particular wards
It, sections for opening streets and paving side walk
re There is constitutional objection, therefore,
til law, which compels all the Inhabitants of loci
of district to contribute by taxation to local object
n which all are benefited.
to Cases may be supposed, or may exist where I'll
be form of taxation is assumed to deprive persons
their property without just compensation Whel
ms ever such cases presented it will be ncumbel
re on the Judiciary to protect the CITIZEN and rcstra
in the enforcement of legislative fraud
IN g. 1t is insisted that the charter violates the 13
k section article LIST, of the constitution The sectic