The home journal. (Winchester, Tenn.) 1858-188?, 1860-02-23
communication
TURNPIKE H..

propose to answer through the col
umns of the Home Journal, II commu-
nication in the last issue, over the sig
nature of S, upon thetax turnpike ques-
! ton. We will direct our enquiries first
to the constitutionality Of taxation for
internal Improvement purposes. Our or
ganic act authorizes the Legislature to
vest in Counties or Corporations such
powers for county or corporation pur-
poses. The question at issue resolves
itself into this: Is the proposed Turn
pike from Winchester to Sewanee a
"County ~purposc?"
In the case cited and relied upon by
those hvoring the tax, in lst Sneed,
p. 652, | deny that turnpikcs are dcci'
dcd as Il county purpose for That
elaborate decision, has reference to
Rail Roads, and the act Of 1852, OF
which the Counties Of Sumner and
White awaited themselves, makes pro-
visions only for County Subscriptions
for Rail Road purposes. True, the
learned Judge, (C%aruthcrs) who dcliv-
cred the opinion, held this language:
"If, then an ordinary dirt road, or less
common, turnpike road, is Il county
purpose, and apropcr subject Of county
taxation, as well as bridges over the
streams, because they are local benefits
to the people, coupled with an advan-
tagc to the pubLic generality having oc-
casion to pass e them, how can it be
T said that n Rail Road is not, which an
swers all these purposes so much better
&C." Thus the reader secs the question
Of the Turnpike System is not discuss
ed, and the opinion given is only Incl
) dcntal-nOt direct or positive, for 1t
was not invoIvcd-but the argument
of the Justice to establish rail roads
as legitimate objects for county taxa
ton, proves that the decision could not
be the same in the instance Of the pro
, posed turnpike, for he bases his dccis-
g ion on the fact, to employ his own Ian
r puagc, that cone Of the first wants,
next to the necessary means OF subsls-
n lance, in any community, is Sonc modf
Of reaching each other for social. or
business intercourse, nm, mutual a5slS'
% tancc and advantage" Now, have we
n not ample facilities for transporting all
p our surplus produce, rs well as for the
y interchange Of social intercourse? !
think we have, and not only so, but
railway passing near the University
grounds. SO it must be evident that
the citizens, who will be called upon tC
contribute will not DO benefited, anC
indeed the only bcncfciarics will be
those who live adjacent to the city O
# tie SouM
@ But some insist that tho University
n will be removed if we don't vote the
tax. Well that may be so, and if we
are to be thus cocrccd into a measure
, unconstitutional because Of It's location
, being such as to exclude idea Of general
= bcnciD rather than become the vassaIs
1 Of Incorporation | say Ietit slide We
0 arc poor people, and might be per
suadcd to do many things, but when We
discover such strategetic plans devised
G to compel ny to violate Il sacred prin
ciplc, to vote Il tax to erect u turnpike
for which there is not the slightest ne
ccssity, then we will illustrate to the
Il world that we are rich in all that con
s]titutcs the true glory OLA happy pco
pie, and that our independence is as
firm and mistaken as the pillars o
Hercules!
Another serious objection to the ma
jority rule in taxation, is-thc vindic.
" tive and rcvcngcful can use the ballot
box ~ an instrument Of his malice, anC
" many are induced to vote II tax to draw
~ money from some who never contrib
ute to public enterprises. Another is
there are II great many minors an,
~ widows, who W large estate whicl
y would be subject to taxation, withou
" being represented at the ballot box.
" That lamcnted statesman, James X
Polk, harpooncd the monster Lcviathal
~ Of internal improvement by Govern
= ment, and it used to be u test of ortho
u doxy with Democrats, but the seen
has shifted. Now, | think Mr.. Polk
= arguments against the National Sy,
" tenn, will apply in this case. lst. 1t i
y local in its benefits, but general in il
IT burthenS! ID. 1t would sOOn overtime,
the treasury. 3D.. It's tendency is t
% give strength to the high Tariff Schem,
70 and during MIR. Folks administration
" the advocates of the measure wcr
Wings or Federalists. Indeed this rel
a tile was nurtured into life by Fedora
a ists-they have ever opposed strict cor
o struction of the Constitution and tn
D. veto power. Now, if President Jack
son could not feel authorized under tina
provision of the Constitution whic.
d provides for making post roads, or un
u der the war-making power, to con
t struct a great Military road, to iacili