The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1872-02-08

of writers on constitutional law Sedg on
/ Stat. and Const. Law. page l4S. SAYS: MIR
Locke thus defines the Limits OF ;hc Legis-
lative power: These are the bounds which
the trust that i put in them BY the. society
and the law OF God and nature have set 10
the legislative power OF any commonwealth.
I in all forms of government
i. They are 10 govern by promulgated,
established laws not To be varied ia estab-
lished cases, hut to have one rule TOT rich
and poor. for the favored M court AMI the
cOuntryman at plough.
-. These laws. also. ought To Dc des igned
ultimately for the good OF the people.
- They must not raise taxes on the peO-
PIE without the consent OF the people
They must govern by promulgated uri-
form laws that bear alike on rich and poor:
they must not be varied in establi shed
cases '-ntOh0T0ijeS must not De established
exclusive yrfriiegeS must NOT De grdhfcd-.'there
must be one rule for rich and poor" They
must nor not tax one class 10 build up
another. They must not levy taxes with-
out the consent of the people"
One of the constitutional restrictions on
legislation is found in the provision that
private property shall not be taken for pri-
vate use, without just compensation" The
Subsidy Act proposes TO take private prop
erty. by the taxing power, Tor public use,
without compensation. IL proposes to take
public money. thus Illegally raised. for pri-
waite use. This would be an application of
public money without authority of law,
which IS equally violation OF the Consti-
tuition.
The same author, on the 2l5th page. says:
The necessity of checks upon power was
perfectly understood by the sagacious men
who formed the government Of This country,
and foreseeing that. in the absence of "A
church establishment. hereditary classes
and standing armies popular majorities and
the popular bodies representing those ma
jorities. would in this country, unless
checked, obtain an absolute and despotic
control over the whole business of the gov
eminent, they from the outset imposed
upon our legislative bodies I'm the shape OF
constitutions. certain restraints which were
devised and intended to protect individuals
and minorities from the arbitrary exercise
Of the power Of maiOritics. Hence IL j.
that, in this country. the subject Of eousti-
tutional law has assumed such Importance.
The Federal Constitution. and those Of the
different States, all declare certain pfinci-
pies and establish certain restrictions for
the very purpose of limiting legislative
power" No State shall pass any law inn
pairing the obligations OF contracts. Pri-
waite property shall not be taken for public
use. without just compensation" Aud /
will add, from Cur Constitution 'the credit
~ he State shall not BE- pledged Oy loaned an
all Of any person, association or cOrpOrati0H.'
Here, sir, Is our express limitation--a
constitutional limitation.
My proposition is this No money can be
drawn out of the treasury except on appro-
priation-no money can be appropriated To
an individual or Incorporation except for
the legitimate objects of government unless
there is money in the treasury 10 pay the
Warrant-a warrant on such an apprOpria
ton pledges the credit of tine State for its
payment. and is Il violation of the constitu-
tional prohibition against pledgiug the cred
it of the State. | now, sir, invite gentlemen
disagrceng with me 10 come square up in
the argument and meet this proposition.
i shall oppose all measures looking To in
vidious determinations against railroads.
by changing the rules of evidence requiring
them to fence their roads, and all other in
vidous Determinations; but shall equally
resist all unconstitutional appropriations Of
public money to build up monopolie, at the
expense of the people.