The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-12-18
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Z The argument OF, this case before the
Court of Appeals during the present week
has Wakened, much interest in the public
mind; and among the auditors have been
some Of the most prominent members OF the
Legislature. We do not pretend to judge OF
the general merits OF the debate, but there's
one view of The question which seems to US
to be of itself decisive.
The Journal and Debates of the ConVen-
ton by which the Constitution was adopted,
though the publication of the work was ulti-
mately interrupted, contain all that was done
In that body in relation to the taxing power,
aud show the adoption of the provisions as
they now stand in the Constitution, and the
defeat of every attempt to modify them in
any important particular. Moreover, they
show the arguments employed both by the
opponents and by the advocates of those
provisions. They show that the former
fought against them for the expressly de-
clared reason that they ,vousd deprive the
Legislature Of the poaoer to impose license
taxes except in the cases enumerated and
that the latter supported the provisions for
the very same reason. The issue was dis
tinctly and repeatedly announced by both
parties, and when the final vote was. taken it
was perfectly understood by both parties
that its effect was to establish this restriction
upon the legislative discretion. The Con.
stitution went forth to be adopted or rejected
by the people with this Interpretation affixed
to it by the best of all rules for the eXposi-
ton of such an instrument. .....a
The Constitution was adopted by the peo-
pie, and has become the law OF the land.
The Governor, the Legislature, the judges,
have sworn to support and maintain it..
Whether it be good or bad, judicious or
impolitc, are no questions for them. So
long as it exists it is their sworn duty to
obey it. 1t is for the people only to change
it, if they think 6r, by means provided in the
Constitution itself.
We have heard it suggested that the Con-
stitution Is binding only in the sense in
which 1t was understood and adopted hy'the
people. If this be admitted, what followsp
Who is com petent to say that this or that
individual voter, still less that majority Of
the voters, understood and adopted 1t In any
other sense than that which was affixed to it
and declared to be its meaning by the Con-
vention itself? What evidence Is there of
any such thing? The suggestion, IN point
Of force and dignity, is far weaker than Mr..
Stowel's recent assertion that he stands &C.
quilted Of bribery In the appointment of q
naval cadet by tbe'fact Of his reelection. He
can at least plead that his constituents ap-
proved him after the charge had been made
public. But the people approved this Con.
stitution at time when no construction Of
1t had been put forth except that OF the Con-
vention ITSELF
The only answer we have heard offered to
this argument from the Debates and Journal
Of the Convention is that the debates were
published by stenographers, who composed
speeches for such members as Messrs. Bavne
and Lewis Lindsey and that the work of
publication was stopped. This answer
plainly betrays the weakness Of the cause,
which can furnish nothing better. The pu6.
location ,cdS complete so far as this question
is concerned. The debates were not con-
Quoted by such members as those above
mentioned, but by some of the most intelli-
gent white men of the observation-disclosures.
Thomas, Ovens, Clements, Snead, and
others-men who were capable of making
their own speeches, and of knowing whe-
Their or not they were correctly reported.
Has any one of them ever denied the cor
rectness Of the report? Would they be ST.
lent if they had been misrepresented?
, We repeat that we think this view is deci-
siye of the question, and that the license tax
law is unconstitutional. And we feel conf
dent that if an opposite conclusion is reach
ed it will be regarded by impartial jurists,
out of the sphere Of the local influences
which may warp the judgments of our own
citizens, as unsouDd and unreiable-as a
sacrifice OF the true intent of the ConStitu-
ton to the supposed necessity of the times
and the embarrassment OF the finances of the
State, ....... JUSTICE.