Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1859-02-26
IAe ;Staqaaro.
REMARKS OF MR.. LEAK,


REMARKS OF Mr.. LEAK,
In the House Of Commons on the 9Th ct REQ 1904
on the bill requiring the County Courts " c.
&sSn oeusties to tar all subjects ess6raeed Withan
the general rscenus bill, for county purposes.
MIR. SPEAKER: did not intend to trcspass upon
the time of this House, but were to remain silent
and let this gill pass over my head would be false
nv country. Sif, am sent here by the freemen
of Arson, to represent their interest,-to do that
which will in NV opinion best advance that interest,
to do my duty faithfully and honestly. Sir, II IN
the discharge of what conceive to be my duty 70
NV people, do wrong, trace it to the BRAIN ana NOT
to the heart This is a new proposition the pro-
visions of which as far as know, never having oeen
applied to any other counties, ProPosiuoh wnlch
should command the serious attention OF every one
within the sound of my voice. Sir, what does this
bill propose? 1t asks you to delegate to the county
courts along the line Of the Wilmington, Charlotte
and Rutherford railroad power unlimited and unre-
strained; it confers grants plenepotentiary, and
stops not there, it makes this General Assembly
issue its "mandamus' to these county courts, to
levy tax upon every article every subject of taxa
ton which comes within the provisions of the pres
ent revenue BILL any other bill in force at the time
of laying such tax, for the purpose Of paying the
principal and interest of bonds which have been
ISSUED or may be issued on account Of subscriptions
to said railroad This road was chartered in 1854.
In 1856, the Representatives along the line Of this
road came to you and asked that this charter should
be so amended to give the counties, by and with
consent of majority of their voters, the right to
subscribe to its capital stock. They asked this
General Assembly to confer upon the county courts
the power of laying taxes upon what? Not upon
every subject of taxation which is embraced within
the broad scope of this any other revenue BILL but
upon those subjects which are usually given to
county courts My friend from Richmond very
properly remarks that they now only have the right
to tax land and poll There was provision in that
amended charter, that the county courts should tax
land and poll With this understanding and with
the law before Them after having received the sane
ton of the people, they proceeded to make their
subscriptions. Now sir, would ask If it would
not now be in bad faith to materially change one OF
those conditions upon which this act was accepted
and upon which their subscriptions were predicated:
Can you give the county courts the right to DO an
act upon certain condition, and then after the act
is done alter that condition? In my opinion it is
not right now to change the character of this grant,
unless by the consent Of the people. Do the people
of my county want this change? If so, l have
never heard it. l have never received any in
structions from those who sent me here and there
fore must conclude that they do no. want it. 1t is
a move too important for me upon my own respon-
sibility to force that upon them which do not
know they want Sir if l were to consult my own
individual interest this bill would certainly receive
nv support, for the reason that nine tenths of my
estate consists in that property which is subject
to taxation for this purpose. l would ask, Mr..
Speaker for whose benefit is this road made:
What interest does it advance: What property
does it benefit: Does it advance the interest
of the merchant, the lawyer; the doctor, the
dentist the druggist By this bill you must
l.: - - g.
your watch your old buggy, your old carriage?
Yes. Does it benefit the mortgage deed which the
unfortunate man is driven to the necessity Of max
ing to save his property from the grasp of the Off
cers Sir, all these subjects now come within the
provisions of the bill which has passed the
House of Commons. No man knows what it will
not reach. Sir few days ago. when this revenue
bill before this House, there wasa grave propo
ston that all articles of produce that were taken out
of the State by railroads should be subject to tax
This was very ably advocated by some of the best
talent Of the House. Suppose, sir, that this pro-
vision should be Incorporated in the next revenue
bill, what effect would it have upon my county
Suppose that the Legislature should enact that all
produce sold out of the State should pay tax,
what effect would it have upon the cotton bales of
Anson? 1t stops not there. The county courts
must tax it again. They can use no discretionary
powers. They must do as the law directs Sir, 1
would ask what interest does this road advance
Does it not advance the interest of the land and
slave holder? Does it not enable him to transport
his produce to develop the resources of the country
to bring to light the hidden treasures of the Garth
Sir at the moderate calculation that the lands in my
county are increased in value one dollar per acre,
you have an appreciation more than double the
amount of their subscription. These are facts in
controvcrtble Look at the history of Your central
road-that road cost S4OO0,O0O. Your worthy
President, Mr. Fisher, in his recent report says that
the appreciation in real estate upon the line of this
road has not been less than ten millions. 'Strike
the road from existence, and before twelve months
its value would fal. more than ten millions" There
is, MIR. Speaker, another view of this matter: BY
this bill you give the county courts unlimited power
You place as it were the sword in one hand and the
purse in the other. They have more power than
either branch of the General Assembly, for the rea
son that one is a check upon the other. Why, sir
would ask, is it that your Senator in the other
branch IS required to possess and continue to pos
sess, three hundred acres of land in fee? Why is
it that my friend is required to possess and continue
to possess hundred acres of land before he car
represent his people in this body? 1t is because il
was considered wise and safe by the trainers. o.
our fundamental law, that he should have an interest
in that property which he proposes to tax Lane
is the chief source from which our revenues arr
derived 1t is and always has been looked upon a.
the basis upon which the government rests Now
sir. have the magistracy of the country from who's,
tribunal there is no appeal common interest in al
those subjects of taxation which are embraced
within this bill? Is it not against the genius of ou
government? Is it not against the spirit of ou
fundamental law, to confer upon men power un
limited to levy taxes upon ali species Of propert,
IN which there IS no community of interest HUI
man nature is fra and subject to all the infirmitie
incident thereto. Sir, how can they act wisely an
dscreetly? This House has been two weeks engage
in trying to adjust differences to reconcile conflict
ing claims and interests, to equalize taxation Tn
assembled wisdom of North Carolina is not able t
do it. How then can you expect it from the magis
tracy OF the countrys would not have you thin
speak in Disagreement of those of nv county
far from it, know them to be good and true mel
but who may succeed them do not know.
SPAIN AND CUBA.-Mr. Walsh, in his letter frol