The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1870-02-08
A volunteer Militia and Special Tar.

Between three and four weeks ago, ir
reviewing the report Of the AlIutant Gen
cral, we indulged some criticism of 9
scheme therein recommended for volun
tecr militia, to be supported by q specia
levy estimated by tho Adjutant General al
100000 He proposed that instead Of re
quiring military duty Of the pOpu
lation liable there to. to levy 1
"mx" Of 81 per head, claiming
that this tax Of $4,000 would go into
the school fund; from which he. then pro
posed to draw $4,000 q year for support
Of the volunteer force. We suggested
these points Of objection: that there wa
noanthOrity to collect such tax" thai
the sum might be collected in fines II tht
duty were required and was moi
performed; that it would then s.
lnto the irreducible school fund, hui
could not be taken from 1t again; that the
$4,000 if'takcn from the school fund
would have To come from the distributa'
bic fund; If not, 1t would have to come
ont of the general treasury-thus making
an actual draft on the people for 300, 900
year, supposing the scheme practicable
nj aM3$ As'we afterwards learned, and
much to our surprise and regret, the Ad'
jutant General resented these structures a
in the nature Of an offence @ himself Wt
have not, therefore, been surprised upon
finding in the last MorgantOwn Post nj
article which we recognize % from the
pen Of the Adjdtant General himself, de,
Tending the scheme and indulging some
very spiteful filings al ourselves. We care
nothing for these, and not much about the
subject Of controversy, for wearC salts
lied the Legislature is not prepared to
atlOpl the scheme recommended. But II
we are wrong in our estimate Of 1t, we
arc agreed that it shall appear, and If right
suppose. II is only fair that should ap'
pear. The Adjutant Generals argument
Is comprised in these paragraphsfu.i o.
A. 10 his pophlsiical assanptIon tbat the tar,
Intended TO be levied asa price e q exemption
and, therefore, cannot be collected, no argument
~ REQUIRED. Simple reference to that CLAUDE IN
the Constitution, relating TO Education, will
show that 1t H. In hnt, tar and, AS such, SPeei'
aeally provided for.
what could hinder itS collection, except It DO
open resistance TO tho very laws which ensure uA
protection and prosperity,
"Rut," he continues, still covering himself nn.
Inly be fadi f0f tho non performance Of military
duty, when the duty 10 actually omitted" lsup'
pose not the gentleman Is, undoubtedly, All
thorIty upon that point. The proposed BIZ, bow
ever, does not suggest a - GnG " 10 punish ne
AK ii HtW GT Strrief. Il there anything partieu-
larry unjust In thAtt Docs the iNTEL1IIENcER
dispute the constitutional authority OF the State
10 require military service OF It's citizens, unless
they be, as individuals, specifically exempsedi
aAsufsdly, the right to ax the price Of exemption
Is clearly manifested. .uu
Neither Ia there anything oppressive, or In the
| slightest degree, unfair, In such compromise,
inasmuch a. the sumt to, bC exacted iE tar below
|
0StIll purNnns this flllaciOuB train otFeasOning,
6e concludes hs direct assault, BY, claiming, "In
the third place." that ':lt cannot b. levied aA
tax, because the Constitution requires taxation
To DO ''CquRl and uniform" and this would nc
special and unequal"
TheArtIClG az thOriEIng the requirement Of mil
itaf$ service. appleS.to male cid1eng, between
certain specified ages; and, could only be violated
by All IMtQWd taxation OF individuals Of mGl
II will he agreed, We suppose, tllat irthc
proposed tax" can he laid at all, 1t willpe
H. authority Of tie State !cohstithti0H,
which defines and limits with the utmost
precision wlat taxes" may bc imposed
The article on Taxation isthe ohe that AL.
thOrizcs the laying of taxes, The second
section OR DE article On Elpcstibh irpro;
4 vfdinS tttat tie Legislature shhll mSk Gpr6-
vision fdr the schools Ny general taxa
tiOn' on persons and property" simply
gives the schools the benefit Of the authori'
ty to tax conferred by the article on Tax
atiSa I That aat6orfE. p contained dlin5Oc'
tions and 3, and It is,T first, for general
and; uniform. taxation on property, and
second, a specific tax Of one dollar on Cacl
male 81 years old. BY virtuo Of tho
authority 6rtns Article, .aadfh obedience
to tho requirement of section Of tho ar
ticlc on Education, the Legislature has
provided general taxation on property
and has laid this tax on persons, for tho
schools. But II has never been pretended
bcford that there was authority for iAny
other or further TAX on persons than thai
now imposed; for by tho rule of cohstrpc
ttunwhen the Constitution authorizes ont
specific tax 1t excludes all others. The ar
ticlc on Education Is clearly directory; Il
contains no original authority to tax; Il
was designed, TO obliEe the LegRRtAte tc
use It's power, derived under the other ar
ticlc, for the benefit Of the schools Il
seems to us, very clear that section 80
the article on Education furnishes III
authority for thS tax; there i shSauthori
ty for It in tho Article on Taxation; and
so far as We can discover there Is none fol
It anywhere else. VI .aI..of.. y.
The Adigtnt, General y not specific In
his reference 10 his supposed authority iE
the Constitution and We arc moi SurO thai
his reference to the article on Education