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

4 ma n that fofloWS the pillow. or plies the plane
I or sic ge hammer, are thousand fold NOR,
4 import ant than all YOUR internal improve.
ment interests. The agricultural and
mechanic are the bone and sinew-the life
/ and blood of the country. They always
have. and always will support the govern
H ment. On them railroads and ali ofhe I
I interests depend. They have always
claimed the sympathy, protection and sup
i port of the enlightened statesman. Sir the
legislator who deliberately votes to tax this
class, TO build railroads is recreant 10 every
| principle of duty.
know it is held by some, that as. under
our system. we levy an al Udl0rem tax on
property, If a man has large property he
/ pays large tax, and if he has but little. he
/ is taxed but little. This is pretty theory,
but in practice, its falacy is Transparent
To illustrate: the tax is levied on the privi-
/ lege and capital of the merchant; but he
leyies il on his goods, and the ADoor man
\ the consumer, pays it. The tax is levied
/ directly on the land owner. but he levies it
\ on his tenants and laborerS, so that by a
\ reflex action, rs | have said. il rebounds on
/ the pocket Of the laboring man. Ii will be
I found that his holdS-good in almost every
subject of taxation. | now ask Senators If
1 they are ready TO levy tax on the sweat of
/ the poor mans brow, that great corporate
| monopOlies may be built mp in tile State |:
| l sir, for one, am not willing TO do it.
sir, for one, am opposed to taxing the poor
farm hand. 10 build railroads TO aggrandise
I llc DltlE. Leu capital take IOlU OF these
enterprises and build them up. Let US as
| tar as we can, under the restrictions of the
1 Constitution, and in the light OF an enlight-
ened public policy. foster them. but never
| let 1t be said of us that we taxed our poor
/ taX-ridden constituents to build up these or
any other great monied monopo'ies.
! There is still another view of the eXpedi-
ency of this measure that strikes me with
/ force. There is majority of the laborers
of the State, every one of whom pay tax,
either directly or indirectly, who, in lS65,
were emancipated from slavery with moth
/ ing but the hands that God gave them with
which to gain sustenance. They had no
thouses TO shelter their wives and children
from the inclemency of the weather-no
/ land or home that they could call their
own. If they acquired them, it could only
| be by the labor OF their own hands. They
were, emphatically under the curse pro-
/ bounced by the Almighty. on our first
| parents in the garden. lin the sweat of thy
| face shalt thou eat bread" These people.
/ poor as they are, pay a large proportion of
| the tax. Is il the desire OF Senators to see
| these people taxed to build up railroads
| when it Is as much as they can do To live
| This Is not MY desire-this shall not be my
| vote. L sir, do not look at this question IN
! the light of "A politician. am Democrat,an
the opposition claims that my party is the
| enemy of the black man. The good book
! says. ''by their fruit shall ye know them
| judge me by my fruit. L sir, am Demo-
I cTdt- Dub L dil1 not mere 10 MAKE DOllIlcal
| capital for myself or my party. | look at
| these questions as legislator. When my
! Judgment approves a measure. it affords me
| pleasure 10 vote with the other side, and
against my own party friends. The legisla
! tor that does otherwise is unworthy Of a
! place in this body.
But it is urged in Justification of this
measure, that ultimately, these railroads
Will increase the wealth and revenue of the
State. This is true, but can we justify our
I -..l,r 70. f,,4t %,
crush out, and ruin tie present generation.
that we may accomplish greater good
hereafter! Sir, the great Law giver, to
whom we must bow. says, We shall mot do
evil that good may come :" l, sir, can never
consent 10 grind to powder, by taxation,
J the present generation, and the people that
| represent 10 build up the next.
/ come now 10 consider the second propo-
| sition: Is the Subsidy Act Constitutional
| As Il legislature, we can do no legislative act
that does not find its warrant in the true
! principles for which government is estab-
| li>hed. What IL the purpose of government !:
| Ii Is the aggregation of the community. to
ford protection and secure the good of all,
which could not be accomplished in the in
dividual persons composing the commune
ties, in their separate characters. The pur-
/ pose of our State government il defined in
! the preamble to the Constitution. To be ''that
| justice be established, public order MAIN
tanned, and liberty perpetuat6d." The
powers OF government are distributed, by
/ the constitution, into the legislative execu-
| tive and judicial. These departments have
4 each their particular duties defined by the
constitution. The line that divides the
| legislative and judicial, has given rise to
| more discussion than any other question.
| perhaps, but il Is admitted by all, that there
| are Limitations on each. All the powers of
| these different departments of government
/ should be limited within the true letter and
spirit OF the constitution, and tile purposes
| of government. The legislative department
cannot, legitimately, impose burdens on the
| people that are not absolutely demanded
/ for the purposes of government. The SEN
/ ator from the Second district MIR. Gibbs
inquired OF the Senator from the Twenty
| first district Mr.. Allen). the other day, if
| he denied the power of the Legislature to
! appropriate money. | propose now to
answer his question. The legislative has
! the power to levy. collect and disburse the
revenue OF the State, and hence has the
| right TO make appropriations; but this
/ right is not unlimited. The appropriation
must be for the legitimate purposes of gov
ernmeut, and not obnoxious to the restric-
\ tion> of the constitution. This legislature
could not appropriate money to build a
/ State house in Louisiana. The appr0prla-
/ tiOn must be for some purpose OF state gov
/ eTnmeht, such as her current expenses. the
support OF her educational and charitable
| Institutions. her works of State internal
! improvements. il she has established them
under the constitution. Further than this.
/ the legislature cannot, in my opinion. right
/ fully 20. But whether am right in this or
not, l am clearly right this far, that the
\ legislature has no rightful power To apprO-
| pirate for any but the legitimate purposes
| of government, unless there is money in the
| treasury. | now propose to call the atten-
! ton of Senators to certain provisions of the
| constitution, which bear directly on this
question. 1 hold that the legislature has
not an unlimited right to appropriate
/ money. By the twenty-siXth Section OF the
/ fourth article of the constitution, il is pro-
| vided, THAT no money shall be drawn from
| the treasury, except on appropriation made
| by law" What i meant by this provision I?
mo money shall be drawn from the Lrea-
sury." The warrant of the Auditor is an
order for money, and for money in the
treasury, except in cases where the apprO-
| priation is tor the necessary expenses, etc. -,
of government On this point the Supreme
| Court of Louisiana. in the case of the State
ex-rel.. Solomon ct al vs.. Graham. state
| Auditor, says: But il is contended by the
REALTORS that the appropriation does not
create "A debt because the money i pre-
sumed to be in the treasury. This raises
the very serious question, whether or not
the legislature can make appropriations
unless there be money TO meet the warrants
authorized thereby, either in the treasury or
proviilesl for by the revenue bill The
power OF appropriation is the right to apply
70 public purposes money in the Treasury.
Article l04 OF the constitution declares no
money shall be drawn from the treasury
| but in pursuance Of specific appropriations
made by law I'm appropriation Is an
authorization To the Auditor to check upon
the treasury for money then deposited. Ii
/ therefore the revenues be inadequate tO
meet the interest of the public debt and the
current expenses of the necessary State
agencies TO preserve the government. ali
appropriation (whereby the liabilities Of the
State are increaSed), for anv other purpose
| than the support and maintenance OF the
machinery of the government, is a debt
| within the meaning of the constitutional
amendment, which declares that prior TO
the first day of January, 1870, the debt OF
the State shall not be increased so ss to ex-
coed twenty-five millions of dollars"