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

,
and upright officers OF the corporation dis.
claim, m 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
egaed are to be exercised for their common
good, aud not, under any circumstances, to
DO cold or destroyed, SO long as the nations
establishing them have the physical power
10 maintain their independence. Individuals
| cannot subsst without food. Deprive them
OF "the means whereby" 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 rev.
enues 10 delray its expenses and support its
officers and agents. The revenue is the food
indispensable to its existence. Deprive il of
this, and you stop il Of all power TO perform
It's dulles, bring II into contempt BY it's use.
lessness and helplessness, and ultimately de-
sIroy il as ellecually as # il were overturned
by domestic violence or subjugated by the
conquest of a foreign foe Government is
but aggregation OF individual rights aud
powers. 1t has no more right to commit po.
litical suicide than an individual has 10 de-
s,roy the life gwen by his Creator. Contract.
ing away the taxing power in perpeuity
tends, as we have seen, Inevitably 10 the de-
slrucliou OF The government. If twelve or
twenty millions OF taxable property may be
released to-day, one hundred millions may
be released Tomorrow, aud, the principle
being established, the process might 90 on
until all power 10 raise revenue was gone
II this did not destroy the government, it
would result in something infinitely more
dangerous 10 the Liberties of the people. 1t
would make it the servile dependent of the
wealthy corporations or individuals 10 whom
II contracted away its means of support. All.
though the taxing power is but an Incidental
one, to be exercised only as the necessary
means of performing governmental duties, It
is nevertheless a branch of the Legislative
power, which always in its 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 require. Rulherorth's Institutes OF Ma
ional law, b. 3, ch. 3, s. 3. If one portion
OF the legislative power may be sold, aaolh-
er may be disposed of in the same way
Ii the power 10 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 The Executive and Judi
cial powers may be put in the market with
equal proprely. The result TO which the
pnuciple must inevitably lead, proves that
the sale OF any portion Of governmental
power is utterly inconsistent with the nature
of our free institutions, and totally at sari-
ance with the object and general provisions
of the Constitution of The State. II may be
urged that we must confde in the fidelity of
the Legislature, and that there is every
ground for hope that they would not carry
such measures to an unreasonable length
This is no answer 10 The argument. 1t is
question of Constitutional authority, and not
case Of confidence at all. Limitations of
power established by written Constitutions
h,v hair N a r tha in{
of man. This dsrust is fully justified by
the history of the rise and fall Of nations.
But conceding that the practice will not
be carried so far as 10 destroy the govern
ment, is there any warrant for it 10 the ex.
tent TO which act of Assembly proposes 10
go in the present case: ltwas held by this
Court in Woods Estate, Harris, ia, that
"the duties Of sovereign and subject are re-
cIprocal, and any person who is protected by
a government in his person or property, may
be sompeled 10 pay for that ptotecton. As
of supporting the government, the propriety
of eXacting them, the persons and propriely
10 be made liable, and the rules for their as
sessment and collection are 10 be determined
by its authority. l. is, however, rule of
The public law, founded on principle of
Justice which no government can disregard,
without violating the rights of its citizens,
tha, lakes shall be assessed in such manner
that all the cllizens may pay their quota, in
proportion 10 their abilities and the advan-
tages they desire from the sociely,"-9, Har
rs, ia; 10 Harris, 497. This principle is
sanctioned by writers of the highest author
ty-yalel, b. |, ch. 90, s. 24o; Rutherfor,h,
Inst. of Nat. Law, b. ., ch. 3,s 5; Pufen.
DORIS Law of Nations, b. 7. ch. 9, s. 10. II
is expressly declared by Baron Puffendorf,
hat emo immunties or exemptions" (from
axation) ought 10 be "graned TO certain
persons TO the defrauding or expressing of
he rest" II is upon this principle that,
when the private property of the citizen is
AIKEN for public use, the just compensation
8 10 be made TO him out of this common
und, in order that the contribution 20 the