Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-12-22

ton III the constitution. III an correct in
this view then the 4th section OF the 9th
article of the const ution, which SAYS. ..The
General Assembi.t shall, by appropriate
legislation and by adequate taxation. pre-
vide for the prompt and regular payment Of
the interest on the public debt is j5tibect
to the restrictions Of this 1st section and
must necessarily be held to be in allowance
until such time as the property OF the State
shall be OF sufficient value to impose this
tax to pay the interest on the public debt
within the restrictions of the J,h section
just referred to.
Mr.. Graham, Of Orange, stated that see
ton OF art. was not in the rcnort Of the
FINANCE committee as introduced in the
Convention, and was put i'll on motion of
Judge Tourgcc, and he did not think II was
intended to be controlled by section /. n,
that would be violation of the obliralion
of contracts i'll reference to the then r<isf-
! ing debt Of the State.
Mr.. Allen. l have no doubt the historical
! fact mentioned by the Senator from Orange
1 is correctly stated, but that does not change
! my view. We have necessarily to take the
| constitution as Il whole as we find il wit
! ten, and construe its different sections and
( parts so as to make the whole consistent
with itself This understand f. H.. local
rule OF constructing constitutional iust5I,-
/ mentS, and if L am incorrect then tla tyn
sections are inconsistent and in ro.,tI.idic
ton of each other, and feel at Ei,c,f,. ia
obey which ever | choos" cannot ohn,
both when L see that the tax 10 carry OH
the 4th section necessarily exceeds the
| limitations of the lSt section Of the article
But l am met with the argument Tia,
the Supreme Court by an Ohier Gjcjtpu ia
the University case, have decided this qlps-
ton against me. in reply lave to say
! the Supreme Court have Il negative power
in passing upon the acts Of the General AS
Sembly but no positive power TO say to the
Legislature what We may or may not do in
passing laws. TO concede such right would
be indirectly comforting upon tie Court the
power to direct the legislation Of the cot;l-
try.
a third reason, Nir. President. Nii\ can
not consent to levy any tax upon Tie pee
pie OF the State to pay the interest upon the
public debt at this time, is because the real
amount Of the substantial and subsisting
debt of the State is uuaSceitaincd. ind
it differently stated on this floor by Soma
tors from twenty to thirty-tour millions.
and l have seen Il stated elsewhere al
forty millions. All these statements
puIport to be made from official date.
L do not, therefore, Cert0iAiY know Whit
amount Of taxes | ought to levy 10 pay the
| interest on the public debt, and in thc pre-
| sent condition Of our people feel no obli-
? CATION resting upon me to levy an uncertain
tax to further burden an already iInpoycl-
ishcd, taX-riddcn and dOWn-irodden people
like ours. | am willing to vote ior any
proper measure to adjust the puiic ,lrbt
( and reduce ii to such uI amount as to come.
! within tie means Of or people to pIGvid,
= for. But l shall vote for no tax to provide
= for it, payment until 1 know what the real
| amount is.
it is generally conceded that Ibis pee
2 liar and extraordinary tax cl.tlis.. y, as IN
| serted into the constitution by practirng a
e sort OF fraud upon the people of tin
4 State, and that the people did not, III Tie
inst instance, adopt this tax clause OF their
: own free will and choice: but that
4 military domination Oh the part of iii"
a United States, or its authorities. induced
the people to adopt il. fully subscribe
# to this idea. Some of oar friends, however.
9 now say that since the election last sum
= mer on the convention question. they IT.
It gard the matter as settled by tie people
e and that they look upon the decision as
Il ratifyIng the present constitution Of NuIt
II Carolina. | say to our friends that | Ct,
e not 50 regard that result. | do not thinh
h the people were any more free in the larC
II election than in that Of 1865. High Off
d Gals under the government Of thc luitct
: States came into the state during th'
" canvass last summer and held over III,
head Of our people a threat that il tlIr CON
l. ventiOn was called the federal goIrIIlmcnj
e might interfere to arrest IFS authority. CaI
: gentlemen call an election. held under @Ilrl
Il circumstances, situated rs oar people alt
is Heri0aSIy and deeply &oHcUoa.@ for peace n
il almost any sacrifice, a free cl"clion? / Il,
: not believe it, and | cannot and viii NO
$ vote to levy this tax imposed by tllis 40
} section of the 9TH article Of the r3lietitu
ton, unrestricted by the LIST section, until
i am perfectly satisfied that the people al'
le prove Of the act.
o l shall never attempt ~ iiaant .al in,UI
IS in the face Of the people When they de
l. eide Il matter even though the decision IL
Sc against my individual opinion, 1 shall It!
i. ways bow in humble submission to lhci
,c will. J cannot vote this tax to express lii
ct condemnation Of their decision.
4. Mr.. President, have tlns expressed III
e view Of this important question, j hope d,
fcrcntially, to the opinions Of others a,
feel L have right to do as the represent.
tive Of a free and noble people.
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