The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1857-07-08

apcNpu tudt INC WOfu HAS eFeI WITNESSED
We rejoice 10 say that the highly respectable
and upright officers OF the corporation dis.
claim, IN the most solemn manner, under
oath, all agency in procuring the enactment
in question.
But has the Constitution conferred upon
The Legislature the authority TO exlinguish,
forever, by bargain and sale, the power to
raise revenue for the support of government
All free government are established by The
people for their benefit, and the powers del
egaled are 10 be exercised for their common
good, and not, under any circumstances, TO
be sold or destroyed, so long as the nations
establishing them have The physical power
10 maintain their Independence. lndiyidusls
cannot subsist without food. Deprive Them
Of ''tho means wherebyn they live, and you
destroy them as certainly as il you did it by
shedding thei. blood. The necessities of
governments are as great as those OF individ-
uals No government can exist without req.
enues to defray its expenses and support It's
officers and agents. The revenue is the food
indispensable 10 lis existence. Deprive il OF
this, and you stop il Of all powerlo perform
its duties, bring ii into contempt by it's use.
lessness and helplessuess, and ultimately de-
stroy il as eflec:ualy asil ii were overturned
by domestic violence or subjugaled by the
conquest of foreign foe. Government is
6u, aggregation Of individual rights and
powers. Ithas no more right 10 commit po-
i lliicai suicide than an individual has TO de-
strcy the life gwen by bis Creator. Contract.
ing away the taxing power in perpelni,y
tends. as we have seen, Inevitably 10 The de-
euuction of the government. II twelve or
twenty millions OF taxable property may be
released to-day, one hundred millions may
be released to-monow, and, the principle
bein g established, the process might 90 on
until all power TO raise revenue was gone.-
If this did not destroy the government, it
would result in something infinitely more
dangerous 10 The liberties of The people. II
would make il the servile dependent Of the
wealthy corporations or individuals 10 whom
II contracted away its means of support. AL.
though the taxing power is but an Incidental
one, 10 be exercised only as the necessary
means9f performing governmental duties, 1t
ig'fiev e. stheless- rTrs Sogiei.Ss=e
power, which always In lis nature implies
not only the power Of making laws, bu: of
altering and repeating them as the exigences
Of the State and circumstances of The times
may tequire Rp'herfor,Ss Institutes Of Ma
tiooal law, b. 3, eli. 3, s. 8. IF one portion
of the legislative powesmay be sold, anoh-
er may be disposed Of in the same way
IL the power TO raise revenue may be sold
10 day, The power 10 punish for crimes may
be sold tomorrow, and the power 10 pass
laws for The redress Of civil rights may be
sold the next day. If the legislative power
power may be sold, lhe Executive and Judi
cial powers may be put 10 the market with
equal proprIeiy. The result 10 which the
puucipe must Inevitably lead, proves that
The sale o any portion of governmental
power is utterly inconsisteIi with the nature
of our free institutions, and totally at yari-
ance with The object and general provisions
of the Constitution Of The State. II may be
urged that svc mus, confide in the fidelity of
the Legislature, and ttat there is every
ground Tor. hope that they would not carry
such measures 10 an unreasonable lena.ha--
This is no answer 10 the argument. Il is
question of Constitutional authority, and moi
a case OF confidence at all. Limitations of
power established by written Constitutions
have their origin in a disirust of the infirmity
of man. This disirust is fully justified by
the history of the rise and fall Of nations.
But conceding that the Practice will moi
be carried SO far as 10 destroy the govern
meni, is there any warrant for il 10 the ex-
ten, 10 which act of Assembly proposes 10
go in the present case' Iiwas held by this
Court in Woods Estate, 9 Harris, ia, that
"tbe duties of sovereign and subject are re.
ciproca, aud any person who is protected by
government in his person or property, m az
be sompelled 10 pay for fhat protection, AS
taxes are 10 be assessed for the sole purpose
of supporting The government, the propriety
of exactng them, the persons and propris,y
10 be made liable, and the rules for their as
sessment and collection are 10. be determined
by lis Authority. Ills, however, a rule of
the public law, founded on principle of
justice which no government can disregard,
without violating the rights of its citizens,
lha, taxes shall be assessed in such manner
tha. all the clizens may pay their quola, in
proportion TO their abilities and the advan-
tages they desire from the society," Har.
ris, IA; 10 Harris, 4s7. This principle is
by writers of the highest authori.
Ity-yaiiel; b. I, ch. 90, g. 24o; Rutherforib,
Inst Of Nat. Law, be, cb. 8, s. 5; Puffen-
DORIS Law of Nations, b. z. ch. 9, s. 10. II
is expressly declared by Baron Ppfrendorf,
that s'no immunities or exemptions (from
iaxaton) ought TO be 'sgrap,ed 10 certain
persons TO The deiraudlng or expressing of
,beIesl." II is upon this principle that,
Wien ne private properly of the ciizep il
6<sn for public use, lie just compensation
.qa3s . hin opt of this common
~ 81 hat The conribution 10 The
'Pu5Il ;o'siss, ytaII in a just proportion
upon escs-~ sfune. Rniheriohh, b. 2, ch. 8,
s. s. Astbs Legislaiurs ase aecessarily the
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